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Criminal Law
Q:
It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's "speedy trial" rights. This action would indicate your view that you are serving as your client's:
a. legal agent
b. moral agent
c. confidant
d. paternal guide
Q:
If the country's population is relatively homogenous, defining morality and deviance will be easier for the new lawmakers. A common or collective conscience, in which each individual's moral beliefs are indistinguishable from the whole is known as:a. organic solidarityb. mechanical solidarityc. Marxismd. Division of labor
Q:
Instead of the above scenarios, the new government institutes a policy that allows all adult citizens to vote for representatives who will make new laws and serve in government. This describes:
a. the conflict paradigm
b. the consensus paradigm
c. the pluralist paradigm
d. the Marxist paradigm
Q:
Instead of the above scenario, the new leadership re-writes the rules so that the ethnic minorities in the country no longer have the right to vote. They also remove any restrictions against discriminatory practices, which will allow employers and landlords to refuse jobs and housing to members of minorities. This scenario describes:
a. the conflict paradigm
b. the consensus paradigm
c. the pluralist paradigm
d. the Marxist paradigm
Q:
The country's main industries are tourism and petroleum. A group representing the hospitality industry is participating in the law review process, as are groups representing the oil companies and military. The result of the process is that new laws allow the country's hotels to add casinos (but only to be patronized by foreign visitors). Other new laws remove workplace restrictions for the oil companies and impose a requirement for all able-bodies males to serve in the military for two years. This scenario describes:
a. the conflict paradigm
b. the consensus paradigm
c. the pluralist paradigm
d. the Marxist paradigm
Q:
The Model Code of Judicial Conduct is organized into four canons including all of the following except:a. a judge shall uphold and promote the independence, integrity, and impartiality of the judiciaryb. a judge shall perform the duties of judicial office impartially, competently, and diligentlyc. a judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial officed. a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views
Q:
Cohen suggests some principles attorneys must follow to be considered moral. Which of the following is not one of these principles?
a. treat others as ends in themselves and not as mere means to winning cases
b. treat clients and other professional relations who are relatively similar in a similar fashion
c. do not deliberately engage in behavior that is apt to deceive the court as to the truth
d. share your clients' information with your associates so they can help you make decisions
Q:
In Shaffer and Cochran's typology, the hired gun:
a. engages the client in moral dialogue and tries to convince client of proper course of action
b. controls the client with his own moral compass as guide
c. promotes clients' interest above all others
d. does what the client wants
Q:
In Shaffer and Cochran's typology, the godfather:
a. engages the client in moral dialogue and tries to convince client of proper course of action
b. controls the client with his own moral compass as guide
c. promotes clients' interest above all others
d. does what the client wants
Q:
In Shaffer and Cochran's typology, the guru:
a. engages the client in moral dialogue and tries to convince client of proper course of action
b. controls the client with his own moral compass as guide
c. promotes clients' interest above all others
d. does what the client wants
Q:
The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called:
a. assembly line justice
b. bureaucratic justice
c. rational justice
d. wedding-cake illustration justice
Q:
The approach in which each case is treated as one of many is called:
a. assembly line justice
b. bureaucratic justice
c. rational justice
d. wedding-cake illustration justice
Q:
Which of the following is not a true statement about the pluralism paradigm?
a. Law is representative of the ruling classes only.
b. Interest groups influence law.
c. Powerful groups in society define law.
d. Power changes hands over time in a society.
Q:
Which paradigm of law highlights the inequity of a capitalist system?
a. Consensus Paradigm
b. Pluralism
c. Conflict Paradigm
d. Utilitarian Paradigm
Q:
Pro bono legal services means:
a. services one provides for one's self (serving as one's own lawyer)
b. services provided for the benefit of society rather than one person
c. services provided free of charge
d. services provided by someone who is not a bar-approved attorney
Q:
According to the pluralist paradigm:
a. those who control major social institutions determine how crime is defined
b. law arises from interest groups but coalitions and shared interests may shift the balance of power
c. law serves as a tool of unification
d. law contributes to the collective conscience by providing an example of deviance
Q:
According to the conflict paradigm:
a. those who control major social institutions determine how crime is defined
b. law arises from minority interest groups but coalitions and shared interests may shift the balance of power
c. law serves as a tool of unification
d. law contributes to the collective conscience by providing an example of deviance
Q:
The belief that loyalty to one's client surpasses individual and private morality is characteristic of:
a. the legal agent position on the attorney-client relationship
b. the moral agent position on the attorney-client relationship
c. the special relationship position on the attorney-client relationship
d. none of these is correct
Q:
The concepts of mechanical solidarity and organic solidarity are most closely associated with the work of:
a. Karl Marx
b. Emile Durkheim
c. Cesare Beccaria
d. Jeremy Bentham
Q:
The concept that there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power is most consistent with:
a. the pluralist paradigm
b. the conflict paradigm
c. the consensus paradigm
d. the repressive paradigm
Q:
The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is most consistent with:
a. the pluralist paradigm
b. the conflict paradigm
c. the consensus paradigm
d. the repressive paradigm
Q:
The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is most consistent with:
a. the pluralist paradigm
b. the conflict paradigm
c. the consensus paradigm
d. the repressive paradigm
Q:
Which of the following is not consistent with Consensus Paradigm?
a. Law unifies society.
b. Crime is objectively defined.
c. Law resolves conflicts fairly.
d. Law is representative of the ruling classes only.
Q:
Emile Durkheim is associated with which paradigm of law?
a. Consensus Paradigm
b. Pluralism
c. Conflict Paradigm
d. Utilitarian Paradigm
Q:
Lawrence v. Texas dealt with:
a. prostitution
b. pornography
c. sodomy
d. pedophilia
Q:
Legal moralism is used to justify laws against:
a. prostitution
b. speeding
c. panhandling
d. driving without a license
Q:
Legal moralism refers to:
a. laws that protect children against their parents
b. laws that protect societal morals
c. laws that protect individual from hurting themselves
d. laws that guarantee the rights of the father
Q:
Which of the following is not a rule of legal paternalism?
a. Laws should protect children and other people whose decision-making ability is impaired.
b. Laws should restrict freedom only to the extent that is necessary to protect.
c. Laws should restrict only actions that can produce serious and irreversible harm.
d. Laws should allow private individuals to make decisions about private matters.
Q:
Legal paternalism refers to:
a. laws that protect children against their parents
b. laws that protect societal morals
c. laws that protect individual from hurting themselves
d. laws that guarantee the rights of the father
Q:
John Stuart Mill proposed the "harm principle," which basically is the idea that every individual should:
a. limit their behavior to that which is not harmful to any living thing
b. be controlled by social institutions at all times to limit his/her ability to do harm
c. be imprisoned for life if they harm others or themselves
d. have the utmost freedom over their own actions unless they harm others
Q:
According to Hobbes, Rousseau, and Locke, a social contract is between:
a. the individual and God
b. the individual and society
c. the individual and mother earth
d. the individual and the generalized others
Q:
According to _____________________ theory, each individual gives up some liberties and, in return, is protected from others who have their liberties restricted as well.
a. natural law
b. social control
c. social contract
d. reciprocity
Q:
Criminal law is also called:
a. natural law
b. positivist law
c. corrective law
d. human contract law
Q:
Natural law refers to:
a. those laws written and enforced by society
b. the idea that principles of morals and rights are inherent in nature
c. the idea that law is human made
d. those laws that regulate innate but undesirable behavior
Q:
Positivist law refers to:
a. those laws written and enforced by society
b. the idea that principles of morals are inherent in nature
c. the idea that law are not human made and are discovered by reason
d. those laws that regulate natural rights
Q:
Describe the moral agent, legal agent, and special relationship views of the attorney"client relationship.
Q:
Compare and contrast pluralism and conflict theory as they relate to law and justice.
Q:
List and discuss the three paradigms of law.
Q:
Discuss some types of laws that are justified by legal moralism. What are the major arguments for and against such laws?
Q:
Discuss some laws justified by legal paternalism " provide the rationale for such laws as well as opposing arguments.
Q:
List and discuss the major justifications for law presented in the text.
Q:
What are Good Samaritan laws? Give examples.
Q:
Compare and contrast natural law and positivist law.
Q:
Summarize the ABA's requirements regarding ethical behavior for attorneys.
Q:
The ideal of the justice system is that two advocates of equal ability will engage in a pursuit of truth, guided by a __________ judge.
Q:
The ABA's rules prohibit attorney from using ___________, which are non-attorneys who follow up on accidents in order to obtain clients.
Q:
Plea bargaining is consistent with the ______________ justice system because it is the most efficient way of getting maximum punishment with minimum work.
Q:
__________ would support paternalistic laws because of the benefit to society that results from protecting each of its members.
Q:
__________ rights conflict with the government's right to enforce morality.
Q:
The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is called the _____________________.
Q:
The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is called the ___________________.
Q:
The term ______________________ refers to Durkheim's view that law resolves conflicts between equals, as in commutative justice (related to organic solidarity).
Q:
_____________________ is the name given for Durkheim's view (associated with mechanical solidarity) that law controls behavior that is different from the norm.
Q:
According to the _____________________ paradigm, there are many groups in society and they form allegiances and coalitions in a dynamic exchange of power.
Q:
Durkheim's concept of ___________________ is based upon differences among people, as exemplified by the division of labor.
Q:
Discuss the research concerning use of force. What factors seem to be associated with it?
Q:
What are the individual, organizational, and societal level explanations for police officer deviance?
Q:
Explain the "continuum of compromise" as it relates to police misconduct, including how it might help supervisors recognize warning signs. .
Q:
What does research show concerning the number of officers who use drugs on duty? Discuss the findings and their implications.
Q:
What are the arguments against gratuities? Provide examples.
Q:
What are the arguments for the acceptance of gratuities?
Q:
Discuss the difference between on-duty and off-duty misbehavior by police, distinguishing between police corruption and police crime.
Q:
Compare and contrast "˜grass eaters' and "˜meat eaters."
Q:
List and discuss Barker and Carter's types of abuse.
Q:
List and discuss examples of law enforcement corruption in other countries.
Q:
Regardless of formal ethical codes, police are influenced by the standards of behavior they observe in ______________.
Q:
Exposure to a criminal element, relative freedom from supervision, and uncontrolled availability of contraband can lead to drug use, especially for officers engaged in ______________ work.
Q:
Conflict-of-interest laws recognize the reality that a public official's __________ is compromised after receiving things of value from stakeholders.
Q:
________________ involves actions where officers physically injure a citizen or offend a citizen's sense of dignity.
Q:
In 2010, prison officials in ____________ allowed prisoners to leave and gave them guns and cars so that they could kill rival cartel members before returning to the prison.
Q:
The idea that small unethical acts will lead to larger ones over time is called the _____________________ argument.
Q:
The _____________________ argument states that the officer alone was deviant and that it was simply a mistake to hire him or her.
Q:
The New York City officers, called the _____________________ were involved in theft, robbery, and selling drugs in the 1980's.
Q:
The term ____________________ refers to any exploitation of one's role, such as accepting bribes, protection money, or kickbacks.
Q:
In order to find gratuities ethical, __________________ would indicate that we must be comfortable with a universal law allowing all businesses to give all police officers certain favors or gratuities
Q:
The term ___________________ was used by Ruiz and Bono to describe the situation wherein officers are frequently offered gratuities.
Q:
____________________ are items of value received by an individual because of his or her role or position rather than because of a personal relationship with the giver.
Q:
The term ____________________ was used by the Knapp Commission to describe deviant NYC police officers who engaged in shakedowns, shopped at burglary scenes, and engaged in more serious practices.
Q:
The term ____________________ was used by the Knapp Commission to describe NYC police officers who were taking bribes, gratuities, and unsolicited protection money and who were fairly passive in their deviant practices.
Q:
When one acts upon opportunities created by one's authority for the purpose of personal gain at the expense of the public, it is called __________________.