Ch.10 The Limits Of Social Control + Test Bank + Answers

CHAPTER 10

THE LIMITS OF SOCIAL CONTROL: POLICING VICE

MULTIPLE CHOICE QUESTIONS

1. What constitutes "vice" varies significantly across:

a. laws

b. time

c. cultures

d. both b and c

2. Because of the shift in emphasis from morality to harm, a key term in the author's definition of a vice crime is ______________, meaning that the parties in the activity have freely agreed to take part in it because they find it pleasurable or rewarding in one way or another.

a. moral

b. free will

c. consensual

d. intentional

3. The harm principle was best enunciated by which British philosopher?

a. Jeremy Bentham

b. John Stuart Mill

c. John Locke

d. Thomas Hobbes

4. According to the text, rather than being viewed as victimless, vice crimes are better conceived of as consensual ______________ acts that always have the potential for causing harm to people other than those actually engaging in them.

a. mala in se

b. mala muerto

c. mala prohibita

d. muerto prohibita

5. In the early part of the twentieth century, several cities instituted special "morals courts" to deal with:

a. illicit drug-related crimes

b. homosexual sodomy

c. fornication and adultery

d. alcohol-related crimes

6. During which decade did most states expand the definition of sodomy to include fellatio?

a. 1920s

b. 1930s

c. 1940s

d. 1950s

7. What was never considered a crime in English common law because lawmakers could not envision them doing such a thing?

a. cunnilingus between a man and a woman

b. sodomy between two men

c. cunnilingus between two women

d. fellatio between a man and a woman

8. Which early writer considered sodomy to "cover any genital contact intended to produce orgasm except penile-vaginal intercourse in an approved position" and/or sexual activity that "could not result in procreation regardless of the gender involved"?

a. John Locke

b. John Rawls

c. St. Thomas Aquinas

d. Thomas Hobbes

9. The term homosexual was not coined until which year?

a. 1842

b. 1859

c. 1869

d. 1896

10. By the 1940s ______________ was discussed as an aspect of psychopathic, paranoid, and schizoid disorders.

a. abortion

b. homosexuality

c. sodomy

d. drug use

11. After 1973, the APA then considered homosexuality to be a:

a. disease

b. variant of human sexuality

c. crime

d. felony

12. In which case did the U.S. Supreme Court uphold Georgia's anti-sodomy law?

a. Atkins v. Georgia

b. Bowers v. Hardwick

c. Furman v. Georgia

d. Gregg v. Georgia

13. Which U.S. Supreme Court case invalidated all remaining sodomy statutes throughout the United States?

a. Bowers v. Hardwick

b. Lawrence v. Texas

c. Texas v. Johnson

d. Dungeon v. United Kingdom

14. People who were once classified as having a disease are now a(n) ______________ category in the aftermath of recent U.S. Supreme Court landmark rulings in United States v. Windsor (2013) and Obergefell v. Hodges (2015).

a. quasi-protected

b. absolute-protected

c. rationally-protected

d. strictly-protected

15. The first U.S. Supreme Court decision interpreting the scope of the free exercise clause was in:

a. Burwell v. Hobby Lobby Stores, Inc.

b. Reynolds v. United States

c. Obergefell v. Hodges

d. Bowers v. Hardwick

16. What is or is not "compelling" is defined from case to case using the ______________ standard of review.

a. strict scrutiny

b. intermediate scrutiny

c. rational scrutiny

d. rational basis

17. In which case did the New Mexico Human Rights Commission's find that a business woman was guilty of discrimination and in violation of the state's public accommodation law when she refused service to a same-sex couple based on religious grounds?

a. Burwell v. Hobby Lobby Stores, Inc.

b. City of Boerne v. Flores

c. Obergefell v. Hodges

d. Elane Photography v. Willock

18. Which of the following is a religious exception allowed by the government over the history of the United States?

a. conscientious objectors have been excused from military duty

b. the Catholic Church can deny women ordination as priests

c. Muslims cannot be required to transport alcohol

d. all of the above

19. In which case did the U.S. Supreme Court rule that the company involved in the case does not have to provide contraceptive methods to its employees that violate the Christian beliefs of the company's owners?

a. Elane Photography v. Willock

b. Bowers v. Hardwick

c. Burwell v. Hobby Lobby Stores, Inc.

d. City of Boerne v. Flores

20. Which act mandates that the strict scrutiny standard of review be used when determining whether the free exercise clause has been violated?

a. Religious Freedom Corporation Act

b. Religious Corporation Restoration Act

c. Religious Corporate Freedom Act

d. Religious Freedom Restoration Act

21. In which case did the U.S. Supreme Court hold that the Religious Freedom Restoration Act (RFRA) applies only to the federal government and not to the states?

a. Burwell v. Hobby Lobby Stores, Inc.

b. City of Boerne v. Flores

c. Elane Photography v. Willock

d. Obergefell v. Hodges

22. Prostitution:

a. is sometimes engaged in voluntarily by prostitutes

b. has been associated with religious communion

c. has been considered a “necessary evil”

d. all of the above

23. What is the common term for a procurer and panderer of prostitution?

a. madam

b. boyfriend

c. pimp

d. prostitute

24. What is defined by the text as a person who engages in prostitution as a source of income?

a. prostitute

b. pimp

c. madam

d. deviant

25. The earliest known writings on prostitution are contained in the:

a. Bible

b. Code of Hammurabi

c. Justinian Code

d. Twelve Tables of Roman Law

26. In ancient Greece, brothel-based prostitutes that serviced the lower classes were called:

a. auletrides

b. hookers

c. hetaerae

d. pornae

27. In modern America, the equivalent to ancient Greece's ______________ would be those working for elite escort services.

a. pornae

b. auletrides

c. hetaerae

d. hookers

28. The text argues that de facto brothels probably exist in every city in the United States, often masquerading as what kind of business?

a. massage parlors

b. yoga studios

c. spas

d. gyms

29. Prostitutes were particularly active in the ______________, where women were a rare commodity.

a. Mid-West

b. Old West

c. Old South

d. North

30. Which federal act made it a felony to transport females across state lines for immoral purposes?

a. Volstead Act

b. Fanny Act

c. Mortensen Act

d. Mann Act

31. What was the only prostitution case to come before the U.S. Supreme Court?

a. Mortensen v. United States

b. City of Boerne v. Flores

c. Roth v. United States

d. Doe v. Bolton

32. In Roe v. Butterworth, Roe claimed that Florida’s prostitution laws:

a. denied her "due process right to earn a living as she saw fit"

b. violated the privileges and immunity clause of the Fourteenth Amendment

c. violated her "First Amendment rights to free expression"

d. violated her "fundamental right to privacy"

33. ______________ prostitution means that it becomes a legitimate occupation and that the state can regulate (licensing brothels and prostitutes, determining where they can be located, requiring regular health checkups, etc.) and tax it.

a. decriminalization

b. tolerating

c. legitimizing

d. legalizing

34. In which country are all parties-prostitutes, pimps, procurers, and customers-legally sanctioned as long as they remain in prescribed areas?

a. Sweden

b. United Kingdom

c. Ireland

d. Netherlands

35. What simply means the removal of laws against prostitution without imposing regulatory controls on it?

a. legalization

b. de facto legalization

c. decriminalization

d. tolerating

36. Which country is provided by the text as an example of one that has decriminalized prostitution?

a. France

b. United Kingdom

c. Netherlands

d. Ireland

37. In which U.S. Supreme Court case did Justice Potter Stewart famously declare that he could not define obscenity, "[b]ut I know it when I see it"?

a. Ashcroft v. Free Speech Coalition

b. Jacobellis v. Ohio

c. Roth v. United States

d. Miller v. California

38. What is a legal term for any subcategory of pornography that is not constitutionally protected?

a. obscenity

b. porno

c. explicit

d. criminal

39. Historically, the guiding common law principle regarding obscenity has been the so-called ______________ test, derived from an English case.

a. Roth

b. Miller

c. Hicklin

d. Pornography

40. In which 1973 case did the U.S. Supreme Court reaffirm that obscenity is not protected speech and offer a way to define it?

a. Miller v. California

b. Jacobellis v. Ohio

c. Ashcroft v. Free Speech Coalition

d. Roth v. United States

41. In all its forms, what has been strongly criticized by religious leaders and conservatives as eroding moral standards by representing deviant sexuality as normal and by separating sex from love and marriage?

a. prostitution

b. homosexuality

c. adultery

d. pornography

42. Rather than contending with harm claims, defenders of pornogrpahy have shifted their emphasis to the which clause contained in the Bill of Rights?

a. freedom of speech clause of the First Amendment

b. due process clause of the Fifth Amendment

c. warrant clause of the Fourth Amendment

d. cruel and unusual punishment clause of the Eighth Amendment

43. In which case did the U.S. Supreme Court establish that even child pornography is not outside the protection of the First Amendment as long as the images presented are "virtual" (i.e., computer-generated) rather than real children?

a. Ashcroft v. Free Speech Coalition

b. Roth v. United States

c. Miller v. California

d. Jacobellis v. Ohio

44. No other moral issue has engaged the courts to the extent that ______________ has.

a. abortion

b. obscenity

c. pornography

d. adultery

45. When abortion was prohibited in the United States, it was considered a ___________ crime.

a. felony

b. misdemeanor

c. property

d. vice

46. As with sodomy and prostitution, attitudes regarding abortion have ______________ across the centuries.

a. fluctuated

b. remained constant

c. remained positive

d. remained negative

47. Which early legal code stipulated fines for causing "miscarriage"?

a. Justinian Code

b. Twelve Tables of Roman Law

c. Sumerian Code

d. Code of Hammurabi

48. In which year did the Roman Catholic Church prohibit abortion under any circumstances for its members?

a. 1867

b. 1869

c. 1871

d. 1873

49. The ruling in the case of Roe v. Wade allowed states to ______________ abortion in the second trimester.

a. ban

b. regulate

c. prohibit

d. stop

50. Which of the following restricted Medicaid funding for abortions to cases of rape or incest?

a. Hyde Amendment

b. Planned Parenthood Act

c. Hodgson Act

d. Webster Amendment

51. The rulings in Planned Parenthood v. Danforth and Hodgson v. Minnesota were viewed by ______________ as violating paternal and parental rights, respectively.

a. pro-choicers

b. pro-lifers

c. pro-abortionists

d. pro-fetuses

52. Nothing splits the two opposing abortion camps more bitterly than the issue of:

a. partial-birth abortion

b. single mothers seeking abortion

c. drug addicts seeking abortion

d. prostitutes seeking abortion

53. Which ancient culture credited the god Osiris with inventing beer?

a. Babylonians

b. Egyptians

c. Chinese

d. Spartans

54. Humans certainly have a fondness for ingesting substances that:

a. end up hurting them

b. make them crazy

c. alter their moods

d. make them cry

55. Early beer was less potent (about 1 percent alcohol, compared to most of today's beers, which average around 3.5 percent), so most of the problems associated with alcohol abuse arose from:

a. wine

b. strong liquor

c. champagne

d. sake

56. In what year was the Prohibition Party founded?

a. 1867

b. 1869

c. 1871

d. 1873

57. Which of the following was designed to prohibit the production, sale, transportation, or importation of alcoholic beverages in the United States?

a. Mann Act

b. Eighteenth Amendment

c. Volatile Act

d. Harrison Act

58. What illicit drug was used by early Egyptians in their religious ceremonies?

a. cocaine

b. opium

c. heroin

d. methamphetamine

59. The statistics provided in the text make it starkly clear that drugs are ______________ related to criminal activity.

a. intimately

b. illegally

c. closely

d. directly

60. According to the text, in 2016 synthetic and commonly prescribed drugs accounted for more than ____________ the deaths from heroin overdoses.

a. ten times

b. six times

c. twice

d. half

TRUE/FALSE QUESTIONS

1. Vice crime is defined as any consensual act that offends the moral standards of the community that has defined the act as worthy of condemnation and legal control.

a. True

b. False

2. The harm principle was best enunciated by British philosopher Thomas Hobbes.

a. True

b. False

3. Throughout most of European history, same-sex sexual behavior was considered a sin to be dealt with by shire reeves.

a. True

b. False

4. For many years, homosexuality was considered by the American Psychiatric Association (APA) to be a crime.

a. True

b. False

5. In 2003, four states still had anti-sodomy laws aimed at gays only.

a. True

b. False

6. Changes in the secular definition of marriage have resulted in the collision of constitutional rights that pose seemingly irreconcilable demands.

a. True

b. False

7. In the case of Burwell v. Hobby Lobby Stores, Inc., the U.S. Supreme Court ruled that "closely held" corporation owners have religious rights under the Religious Freedom Corporation Act.

a. True

b. False

8. The common term for the keeper of a brothel is a madam.

a. True

b. False

9. Prostitution has long been referred to as the world's oldest profession.

a. True

b. False

10. High-born women in ancient Greece who had fallen on hard times became high-class courtesans, called pornae, who supplied their wealthy clients with stimulating conversation as well as sexual services.

a. True

b. False

11. In modern America, the equivalent to ancient Greece's auletrides would be those working for less selective services.

a. True

b. False

12. The 1910 Mann Act prohibited white slavery.

a. True

b. False

13. The Netherlands provides an example given in the book of one that has legalized prostitution.

a. True

b. False

14. The terms obscenity and homosexuality are used interchangeably in everyday speech, and are similar concepts in law.

a. True

b. False

15. Porno is a legal term for any subcategory of pornography that is not constitutionally protected.

a. True

b. False

16. The Miller test for obscenity was defined by the U.S. Supreme Court in a 1973 case.

a. True

b. False

17. Defenders of pornography claim that it does not cause indirect harm and, according to the harm principle, that only that type of harm should be prohibited.

a. True

b. False

18. As long as women have become pregnant without having the support of a committed mate, they have sought a quickening.

a. True

b. False

19. The first laws regulating abortion are found in the Code of Hammurabi.

a. True

b. False

20. The first discernible movement of the fetus, which usually occurs around the fourth month of the pregnancy is known as the quickening.

a. True

b. False

21. In Roe v. Wade, the U.S. Supreme Court gave women the right to unlimited abortion in cases of rape or incest only.

a. True

b. False

22. In Planned Parenthood v. Danforth, the U.S. Supreme Court overturned a Missouri law that required married women to obtain their husband’s consent before having an abortion.

a. True

b. False

23. Ben Franklin once wrote: "Beer is proof positive that God loves us and wants us to be happy."

a. True

b. False

24. Of all the mood-altering substances, marijuana is most directly linked to crime.

a. True

b. False

25. Of the number of neurological disorders that can result from mothers drinking while pregnant, low intelligence is indicated as the most serious.

a. True

b. False

26. The first recorded attempt at prohibition in North America was aimed only at strong liquors.

a. True

b. False

27. In 1881, Kansas became the first state to outlaw the sale of alcohol in its constitution.

a. True

b. False

28. Prohibition was repealed by the Twenty-First Amendment.

a. True

b. False

29. The link between drugs and crime is driven largely by their pharmacological effects.

a. True

b. False

30. There have been hundreds of U.S. Supreme Court cases that have challenged states' right to criminalize illicit drugs.

a. True

b. False

ESSAY QUESTIONS

1. Explain your understanding of the harm principle. Do you agree with the concept? Why or why not?

2. Adultery can cause more hurt and harm than most mala in se felony crimes. If this is so, why do we no longer seriously criminalize it? Do you feel that it should be? Why or why not?

3. Discuss your understanding of the ongoing legal battle between the law and gay rights versus religious liberty. Do you think there can be a “winner”? Explain your answer.

4. Do you believe the United States should legalize or decriminalize prostitution? Justify your answer.

5. Explain your position regarding how the United States should deal with its drug problem.