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Home » Criminal Law » Page 171

Criminal Law

Q: Under the utilitarian rationale for punishment, we weigh the punishment to the crime in order to balance the wrong to society.

Q: Under the retributive system, the reason we punish is for the greater good of society.

Q: The Latin term associated with "an eye for an eye" is lex salica.

Q: Sanctuary allowed offenders to escape punishment as long as they were members of the clergy.

Q: Procedural justice necessarily produces substantive justice.

Q: Substantive justice involves the determination of just deserts.

Q: Rawls's theory of justice is consistent with rights-based theories of justice.

Q: Distributing society's goods based on need is associated with the Marxist approach to justice.

Q: According to Aristotle, slavery was not necessarily unjust, as long as the slaves were naturally best suited to be slaves.

Q: Some actions might be considered "good" but are not demanded by justice.

Q: Assume that Mary agrees with libertarian theories. All of the following are possible EXCEPT: a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company's profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

Q: Assume that Mary believes in distributive justice based on "desert." Which of the following would you expect? a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company's profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

Q: Assume that Mary agrees with egalitarian theories. Which of the following would you expect? a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company's profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

Q: Assume that Mary agrees with Marxist theories. Which of the following would you expect? a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company's profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

Q: The evidence that the crime scene investigator presented would have had to meet:a. the "Rawls test"b. the "veil of ignorance test"c. the "impartiality standard"d. the "Daubert standard"

Q: These pre-trial activities are part of the process of: a. substantive justice b. procedural justice c. ethics of care d. peacemaking justice

Q: The public defender, presentation of charges, and the discovery process were all elements of _______________, which is guaranteed by the Constitution. a. restoration b. due process c. utilitarianism d. impartiality

Q: Assume that the judge sentenced Sam to a straight jail term. She believes simply that Sam has caused harm and should be punished for it. This sentence is consistent with the idea of: a. restorative justice b. retributive justice c. deterrence d. ethics of care

Q: Assume that Sam accepted the judge's offer to enter into a mediation process, where he and the family he stole from arrived at a mutual solution. As a result, Sam will provide $500 worth of yard work and is responsible for getting the door repaired. This sentence is consistent with the idea of: a. restorative justice b. retributive justice c. deterrence d. ethics of care

Q: Assume that Sam was given a sentence that included probation with the condition of drug treatment. The judge is of the opinion that if Sam can break his addiction then he will not need to return to crime. If the judge's intention is to help Sam, we could say her decision is based on the ethics of care. If her purpose was to rehabilitate Sam so that the community would benefit by removing his need to commit crimes, this would be consistent with the idea of: a. restorative justice b. retributive justice c. deterrence d. utilitarianism

Q: Which type of justice is most closely associated with discussions of criminal law?a. Commutativeb. Correctivec. Utilitarianismd. Distributive

Q: The goals of community reparative boards include all the following except: a. promote citizen ownership of process b. provide an opportunity for the offender to take personal responsibility c. provide opportunity for victims and community members to confront offenders in a constructive manner d. provide an opportunity for the community to enact changes in the law to match their local customs

Q: The roots of restorative justice can be found as far back as: a. Mayan and Aztec law b. Chinese law c. Roman and Grecian law d. Common law

Q: Hallmarks of community justice models include the following except: a. The process of justice employs local leadership, is informal, and invites participation from community members. b. The goal is to repair the harm done to a community member by another community member in a way that will restore the health of the community relationship. c. The authority of the justice giver is through the customs and traditions accepted by all members. d. The punishment imposed by the community should be of equal or greater severity than the crime itself.

Q: ___________________________ is an approach to corrective justice that focuses on meeting the needs of offenders as well as victims. a. Distributive justice b. Restorative justice c. Civil justice d. Utilitarian justice

Q: The voluntary breaking of established laws based on one's moral beliefs is called: a. due process b. moral exception c. ethical justice d. civil disobedience

Q: Boss described unjust laws as having several characteristics. Which of the following is not one of these characteristics? a. they are degrading to humans b. they are discriminatory against certain groups c. they are universal d. they are unjustly applied

Q: Procedural protections that are part of due process include all of the following except: a. Right to appeal b. Right to the statement of findings c. Right to restart proceedings d. Right to a neutral hearing body

Q: Deterrence is the central theme of what theory of corrective justice? a. Utilitarian b. Retributive c. Substantive d. Compensatory

Q: The concept of hedonistic calculus is associated with: a. Rawls b. Bentham c. Hirschi d. Sutherland

Q: According to Beccaria's and Bentham's utilitarian rationale, punishment should be based on: a. the character of the victim b. the concept of mercy c. the seriousness of the crime d. the social status of the perpetrator

Q: The type of justice that seeks to achieve the greatest good for all is called: a. utilitarian justice b. restorative justice c. compensatory justice d. egalitarian justice

Q: An ancient right based on church power which allowed a person respite from punishment as long as he or she was within the confines of church grounds is called: a. Refuge b. Sanctuary c. Asylum d. Haven

Q: Retributive justice is best described by what term? a. Balance b. Deterrence c. Compensation d. Rehabilitation

Q: "An eye for an eye" and "a tooth for a tooth" are examples of: a. lex talionis b. lex salica c. lex rasa d. lex mala

Q: Which of the following statements is false? a. The ethics of care is consistent with a Marxist theory of justice since both emphasize need. b. Utilitarian theories try to maximize societal good, thus some balance of need and merit would be necessary to provide the incentive to produce. c. Ethical formalism is concerned solely with rights, thus, issues of societal good may not be as important. d. Rawls's theory is solely Kantian because it demands a basic level of individual rights.

Q: Substantive justice and procedural justice are components of:a. distributive justiceb. corrective justicec. punitive justiced. restorative justice

Q: While __________________ justice involves the concept of just deserts, __________________ justice concerns the steps we must take before administering punishment. a. procedural; substantive b. substantive; distributive c. substantive; procedural d. procedural; distributive

Q: Which ethical system is most consistent with a Marxist theory of distributive justice? a. Ethics of Virtue b. Ethical Formalism c. Ethics of Care d. Utilitarianism

Q: Rawls's veil of ignorance states that: a. Welfare should be given to the least advantaged or ignorant in our society. b. One must be ignorant of their own position in society in order to make just decisions. c. Ignorance results in unfairness. d. Because we are ignorant of God's plan, equal distribution of goods is the most just.

Q: Which of the following is not an aspect of Rawls's theory of justice? a. utilitarian principles b. concern for rights c. freedom from government interference d. concern for the least advantaged members of society

Q: The idea that government should restore order, but the community should establish peace is a characteristic of which concept? a. Substantive justice b. Restorative justice c. Egalitarian philosophy d. Marxist philosophy

Q: Which theory of distributive justice starts with the basic premise of equality? a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

Q: Which theory of distributive justice places need above desert or entitlement? a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

Q: ___________________ theories of distributive justice attempt to maximize benefits for individuals and society in a mixed emphasis on entitlements and needs. a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

Q: Which theory of distributive justice would be most opposed to government involvement in the distribution of goods? a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

Q: Which type of justice is concerned with the allocation of society's resources? a. distributive justice b. commutative justice c. exemplary justice d. corrective justice

Q: According to the chapter, which of the following is NOT a valid component of civil disobedience? a. Any activity must be approved by whatever authority is in power. b. A major moral issue must be at stake. c. It must be nonviolent. d. No other legitimate means of correcting with the issue should be available.

Q: Anthony Walsh describes the following types of humans in his illustration of justice as a result of evolution, except: a. "cheaters" b. "grudgers" c. "suckers" d. "judgers"

Q: The mediator between people's essential selfishness and generosity is referred to as: a. law b. ethics c. justice d. mercy

Q: Review egoism and identify its relationship to natural law.

Q: Discuss the arguments against and supporting relativism. Do the same for absolutism.

Q: Define cultural relativism. Provide examples.

Q: Describe another way of resolving ethical dilemmas that does not use the ethical systems.

Q: Describe and discuss the ethics of virtue ethical system. Provide examples.

Q: Compare the natural law system with religion.

Q: Discuss the similarities between the religious systems presented in the chapter.

Q: Compare and contrast hypothetical and categorical imperatives. Provide an example of each.

Q: Describe two teleological ethical systems and describe two deontological systems.

Q: Discuss the differences between teleological systems and deontological systems.

Q: Under _______________ ethics, the murder of one person would be justified if it resulted in many others being saved.

Q: According to Hinduism, the concept of ________________ suggests that what happens in a future life is determined by how we behave in our present life.

Q: Socrates and Plato identified four virtues: justice, wisdom, _________, and ___________.

Q: Harris defined ethical systems as a systematic ordering of __________________.

Q: ________________ have several characteristics; among them are the facts that they are the source of moral beliefs and that they are the underlying premises upon which we base our judgments.

Q: ______________________ is the philosophical position that, although there are a few universal trut different situations call for different response; therefore, some action can be right or wrong depending on situational factors.

Q: The ______________________________ refers to the idea that when one violates someone else's rights, he gives up his own right to be treated under the principles of respect.

Q: The term ____________________ refers to the idea that many values and behaviors differ from culture to culture and are functional to the culture that holds them.

Q: According to the concept of ______________________ humans naturally and inherently seek self-interest, and that they can do nothing else because it is their nature.

Q: ____________________ is an ethical system that defines what is good as meeting needs and preserving and enriching relationships.

Q: ____________________ is an ethical system that bases ethics largely upon character and possession of valued qualities.

Q: _____________________ suggests that preservation of one's own being is a basic principle of morality.

Q: _____________________ is an ethical system that defines good as that which results in the greatest good for the greatest number.

Q: The term ____________________holds that the only thing truly good is a good will, and what is good is that which conforms to the categorical imperative ethical system.

Q: ______________________ systems emphasize the intent of the actor or good will as the key element of morality.

Q: "Situational ethics" is an example of an absolutist ethical system.

Q: A teleological ethical system would approve of a bad act if it resulted in a good consequence.

Q: A man makes a donation to charity for the purpose of looking good to his friends. A deontological review of this action would find it immoral.

Q: Aristotle believed that, by nature, we are born "good" and some later learn to be evil.

Q: Socrates believed that ignorance leads to bad behavior because if one was rational and wise, he or she would know what virtue was and behave accordingly.

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