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Criminal Law
Q:
In a series of court cases starting in 2005, the Supreme Court struck down the mandatory nature of sentencing guidelines, while still allowing them to be used in an advisory capacity.
Q:
As of 2011, the trend regarding capital punishment was toward increasing support of the death penalty.
Q:
Both the American Correctional Association's Code of Ethics and the Law Enforcement Code of Ethics prohibit exploiting one's professional authority for personal gain.
Q:
Emile Durkheim believed that criminals actually provide value to the community, by establishing the parameters of acceptable behavior.
Q:
Depo Provera is a substance that is administered by injection to psychotic prisoners to prevent them from causing harm to themselves or others.
Q:
The Supreme Court has ruled that it is unconstitutional to execute someone who committed their crime when they were under 18 years old.
Q:
There is overwhelming evidence that private corrections can save the state money.
Q:
Less than 10% of state prison beds are managed by private companies.
Q:
The First Amendment to the Constitution protects citizens against cruel and unusual punishment.
Q:
The veil of ignorance refers to the concept that one should not know who the offender or victim is in order to be fair.
Q:
The Ethics of Care is consistent with restorative justice.
Q:
The Supreme Court has overturned the use of three-strikes laws.
Q:
General deterrence is consistent with ethical formalism.
Q:
Determinate sentencing is consistent with the just deserts model of justice.
Q:
Expiation is concerned with making amends or atonement.
Q:
Ethically, it seems as though the punishment is well out of proportion for the transgression. However, it seems as though it is worth the harm done to a few rule- breakers if the punishment prevents others from parking there. In other words, the "good" to the general community outweighs the harm of the severe individual penalty. The philosophy that supports this is:
a. Utilitarianism
b. ethics of care
c. deontological ethics
d. ethical formalism
Q:
The intention behind the sign is to announce to the community at large that there will be a stiff penalty to pay for violating the rule. The belief is that drivers who risk a small fine by parking illegally elsewhere, such as against the curb, will not risk the large fine for parking illegally in the handicap spaces. This point of view is known as:
a. general deterrence
b. specific deterrence
c. expiation
d. incapacitation
Q:
The legal basis for civil commitment can be found in the Supreme Court decision of:a. Furman v. Georgiab. Roper v. Simmonsc. Atkins v. Virginiad. Kansas v. Hendricks
Q:
Even though the offender does not wish to be confined, the judge agrees that this is the best course of action, for both the community and the offender. Which of the following ethical systems does NOT support this decision?
a. Utilitarianism
b. ethics of care
c. ethical formalism
d. teleological ethics
Q:
As you consider your options, the court-appointed psychiatrist calls and tells you that he has examined the defendant and finds him to be severely developmentally challenged. The psychiatrist estimates the defendant's IQ to be in the 60's and recommends that you seek his school or medical records to find more information. You decide that, given this information, an attempt to seek the death penalty would not be legally supported, based on the _________________ decision.a. Furman v. Georgiab. Roper v. Simmonsc. Atkins v. Virginiad. Kansas v. Hendricks
Q:
Later, Ted comes by and also argues in favor of seeking the death penalty. His point is that other would-be murderers in the community need to see that they face the ultimate penalty for committing murder. He presents you with research that supports the idea that the death penalty deters crime. He says "I can see why you"re not crazy about the idea of putting someone to death " that's a terrible thing. But it's best for the whole community if it sends a message that prevents other murders." Ted's argument is based on:
a. Utilitarianism
b. ethics of care
c. deontological ethics
d. ethical formalism
Q:
Mary comes to your office and argues in favor of charging capital murder. She believes that capital punishment is just, because murder deserves a proportional punishment. Mary's point of view reflects which ethical system?
a. Utilitarianism
b. ethics of care
c. teleological ethics
d. ethical formalism
Q:
The last case of the day involves a 16-year-old high school dropout who was convicted of auto theft. He had no prior record and says that he dropped out of high school to help his family but has not been able to find work. You are convinced that he only stole the car out of economic need. You hand down a sentence consisting of probation, with a condition of attending job training. Your goal is to help the offender improve his chances at landing a job, which should help keep him away from crime. This decision reflects the __________ ethic.a. just desertsb. expiationc. treatmentd. social contract
Q:
The next offender to come before you is a doctor who has been found guilty of writing fraudulent prescriptions. Part of his sentence will be a loss of his medical license for one year. Because you intend for his loss of license to mean he will be prevented from committing this same crime again, at least for a year, your sentence is an attempt at:
a. general deterrence
b. specific deterrence
c. rehabilitation
d. incapacitation
Q:
The first offender has been found guilty of burglary and larceny for the third time. The report tells you that the offender's previous sentences were probation for the first offense and 14 days in jail for the second. You determine that the offender has not learned his lesson after the first two convictions, and you intend to send him a message with this sentence. Accordingly, you sentence him to the maximum allowed under the guidelines. Because you imposed this long sentence to try to teach this individual a lesson, so that he will not choose to offend again in the future, your sentence is an attempt at:
a. general deterrence
b. specific deterrence
c. rehabilitation
d. incapacitation
Q:
Criticism of super max prisons include:a. little human contactb. little or no exercisec. inmates being sent there who do not fit the criteriad. all of the these are criticisms
Q:
Retentionists and abolitionists both use each of the following to support their position EXCEPT:
a. utilitarianism
b. ethical formalism
c. ethics of care
d. religion
Q:
The term pluralistic ignorance describes:
a. ignoring the calls of officers in need
b. the vocal minority shaping the perception of subcultural values
c. competing interest groups operating within the prison
d. conflicts between management and officers being reflected in inmate behavior
Q:
In Kauffman's description of the correctional officer subculture, someone who was perceived as sympathetic to inmates was known as a:
a. white hat
b. inmate lover
c. bleeding heart
d. slam
Q:
Stigmatizing shaming is:
a. the idea that certain types of punishment can lead to a reduction of recidivism as long as they do not involve banishment
b. the effect of punishment whereby the offender feels rejected by the community
c. partly accomplished by exiling the individual
d. no longer practice in the industrialized world
Q:
The Eighth Amendment protects all Americans from:
a. illegal search and seizure.
b. cruel and unusual punishment.
c. due process and double jeopardy.
d. trial by jury.
Q:
Which ethical system contends that punishment should be consistent with the veil of ignorance?
a. Ethical Formalism
b. Ethics of Care
c. Rawlsian Ethics
d. Utilitarianism
Q:
Ethical formalism is most consistent with a ______ form of punishment.
a. Utilitarian
b. Retributive
c. Preventative
d. Incapacitative
Q:
Which ethical system is used to support preventing crime using deterrence, incapacitation, and/or treatment?
a. Ethical Formalism
b. Ethics of Care
c. Rawlsian Ethics
d. Utilitarianism
Q:
_________ basic formula for punishment provides that the utility of punishment to society (by deterring crime) outweighs the negative of the punishment itself.
a. Kauffman's
b. Bentham's
c. Mackie's
d. Rawls's
Q:
In Washington v. Harper, the U.S. Supreme Court ruled that:
a. an inmate's right to refuse antipsychotic medication is not unconstitutional
b. an inmate does not have the right to question the treatment prescribed by treatment staff and seek a second opinion
c. an inmate has the right to question the treatment prescribed by treatment staff and to demand a second opinion
d. an inmate's right to refuse antipsychotic medication did not outweigh the state's need to administer it if there was a showing that the inmate posed a security risk
Q:
Which of the following are the two types of deterrence mentioned in the text?"
a. restorative and punitive
b. specific and general
c. primary and secondary
d. personal and public
Q:
Detaining only those who are at the highest risk of offending or re-offending is a form of:
a. general deterrence
b. specific deterrence
c. selective incapacitation
d. general incapacitation
Q:
What form of prevention is aimed at people other than the offender?
a. general deterrence
b. specific deterrence
c. selective incapacitation
d. general incapacitation
Q:
Which of the following is not a method of prevention?
a. Deterrence
b. Treatment
c. Incapacitation
d. Just deserts
Q:
"Penal harm" refers to the idea that the system:
a. intentionally inflicts pain on offenders during their imprisonment, because merely depriving them of liberty is not considered sufficiently painful
b. must provide additional pain in order for offenders to be truly rehabilitated
c. should focus its efforts in reducing harm and increasing rehabilitative programs
d. should allow corporal punishment but not cause permanent harm
Q:
Von Hirsch's conceptualization that the punishment of the individual should be purely retributive and balanced to the seriousness of the crime is embodied in the:
a. treatment model
b. justice model
c. incapacitation model
d. restitution model
Q:
According to the text, the rationale for punishment and corrections comes from:
a. religious tradition
b. the Supreme Court
c. English common law
d. the social contract
Q:
Atonement is most closely associated with the concept of:
a. retribution
b. prevention
c. deterrence
d. treatment
Q:
Mackie describes three specific types of retribution. Which of the following is one of these three types?
a. permissive retribution
b. limited retribution
c. capital retribution
d. psychological retribution
Q:
A permissive retribution:
a. demands that one who is guilty ought to be punished
b. allows that one who is guilty may be punished
c. dictates that one who is not guilty must not be punished for a crime
d. does not allow for atonement
Q:
A positive retribution:
a. demands that one who is guilty ought to be punished
b. allows that one who is guilty may be punished
c. dictates that one who is not guilty must not be punished for a crime
d. does not allow for atonement
Q:
A negative retribution:
a. demands that one who is guilty ought to be punished
b. allows that one who is guilty may be punished
c. dictates that one who is not guilty must not be punished for a crime
d. does not allow for atonement
Q:
The retributive rationale postulates that:
a. punishment is an end in itself
b. punishment is a means rather than an end
c. punishment is not and should not be the only response to crime
d. punishment is never an option
Q:
Which of the following individuals viewed the criminal as rational and as having free will?
a. Kelsey Kauffman
b. Cesare Beccaria
c. Jeremy von Hirsch
d. John Braithwaite
Q:
The idea that an offender must suffer in order to achieve salvation is associated with the _____________ punishment rationale.
a. Retribution
b. Treatment
c. Incapacitation
d. deterrence
Q:
Which of the following is not one of Mackie's types of retribution?
a. negative retribution
b. positive retribution
c. punitive retribution
d. permissive retribution
Q:
Which set of thinkers saw criminal acts as symptoms of underlying pathology?
a. Neo-classicists
b. Utilitarians
c. Positivists
d. Formalists
Q:
In your text, anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior patterns is referred to as:
a. Punishment
b. Retribution
c. Treatment
d. restoration
Q:
According to the text, there are five essential elements to the definition of punishment. Which of the following is not one of these five elements?
a. There are at least two persons involved.
b. The person who inflicts the punishment causes a certain harm to the person who is being punished.
c. The person who inflicts the punishment has been authorized, under a system of rules or laws, to harm the person who is punished in this particular way.
d. The person who is being punished has been identified and judged by his/her victim.
Q:
Support or criticize the use of private corrections and give your reasons.
Q:
Explain the controversial issues involved in the use of supermax prisons.
Q:
Explain the differences between judicial activism and constructionism.
Q:
Describe the importance of judicial independence but, also, explain why judicial oversight is necessary.
Q:
What are some of the reasons that people distrust the justice system?
Q:
Which factors have been identified as contributing to false convictions?
Q:
Discuss the number of innocents who may be imprisoned. What are the sources for the estimates? What are the criticisms of the sources?
Q:
Discuss the concept of "noble-cause" corruption as it applies to prosecutors.
Q:
Explain the significance of the "Brady Motion" as it relates to prosecutors' misconduct.
Q:
Where do rules of behavior for attorneys come from, and how are they enforced?
Q:
Describe and discuss what polls show regarding the public's attitude toward attorneys.
Q:
Even when there is evidence indicating innocence, juries have shown a willingness to convict based on false ____________.
Q:
The ruling in the ___________ case prohibits attorneys from using their peremptory challenges to exclude a juror on the basis of race.
Q:
Even if a prosecutor or judge make a mistake or act improperly in a case, an appellate court might decide that it was ___________________; in other words, it did not affect the outcome of the case.
Q:
Critics of one suggested reform claim that reducing the ___________ of prosecutors might make them more hesitant to aggressively prosecute certain cases, for fear of being sued or prosecuted themselves.
Q:
As mentioned in the Brady case, _______________ evidence is evidence that is likely to affect the case's outcome.
Q:
Several of the authors of the Bill of Rights were _______________ law theorists.
Q:
______________________________ are those freedoms that the framers would have recognized whether or not they were specifically mentioned in the Bill of Rights or Constitution.
Q:
The idea that certain rights and morals are "natural," that is, not human created is called _____________________.
Q:
A(n) ____________________________ would utilize a looser reading of the Constitution and read into it rights that the framers might have recognized or that should be recognized due to "evolving standards."
Q:
While _______________ was Chief Justice, the Supreme Court made several landmark decisions in the 1960's that expanded civil liberties and protections.
Q:
The __________________________ believes that an individual has no rights unless they are specified in the constitution or are present in some other legal source.
Q:
The term ________________________ refers to a situation when a specific suspect has been fixated upon and therefore other possibilities are ignored.
Q:
The _______________________________ refer to an affiliation of groups of lawyers in different locales who identify and defend those individuals in prison who may have been wrongfully convicted.
Q:
The investigation known as ______________________ involved the bribery of several Chicago judges.