Exam Questions Chapter 9 The Ethics Of Legal Punishment

Chapter 9

Test Bank

Type: true-false

Title: Chapter 09 Question 01

1) America is an incredibly punitive country based on how we punish criminal offenders, school children, and children more broadly.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 02

2) Legal punishment is both burdensome and condemnatory.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 03

3) The abolitionist critique of legal punishment suggests that with modifications to current practice, legal punishment can be ethically justified.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 04

4) A Kantian justification of legal punishment would argue that the potential consequences of having a system of legal punishment are better than are the consequences of not having such a system.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 05

5) Deterrence occurs when the perceived costs of crime outweigh the perceived benefits.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 06

6) Deterrence, incapacitation, and rehabilitation would all be consequentialist justifications for legal punishment.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 07

7) Retributivist justifications for legal punishment view punishment as an end-in-itself .

a. True

b. False

Type: true-false

Title: Chapter 09 Question 08

8) Sentencing guidelines exemplify instrumentalist justifications of punishment.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 09

9) Critics contend that rights forfeiture theory doesn’t articulate who is allowed to punish an offender.

a. True

b. False

Type: true-false

Title: Chapter 09 Question 10

10) Those who support capital punishment invoke the same justifications as those invoked for justifying legal punishment more generally.

a. True

b. False

Type: multiple choice question

Title: Chapter 09 Question 11

11) Legal punishment:

a. Involves the state intentionally inflicting a burden on an offender

b. Is not imposed on the innocent

c. Is expressive: an offender is condemned or censured

d. All of the above

Type: multiple choice question

Title: Chapter 09 Question 12

12) Moral justifications of legal punishment typically address which of the following considerations?

a. Whether victims are also being punished

b. Whether a particular form of punishment is popular with citizens

c. The presumed functions of punishment

d. The speed with which punishment is administered after the crime

Type: multiple choice question

Title: Chapter 09 Question 13

13) Which of the following justifies legal punishment as a way of teaching a moral lesson to both offenders and the broader community?

a. Retribution

b. Moral education theory

c. Consequentialism

d. Deterrence

Type: multiple choice question

Title: Chapter 09 Question 14

14) Sentencing guidelines:

a. Consider the seriousness of the conviction offense when imposing a sanction

b. Consider the moral blameworthiness of the offender when imposing a sanction

c. Allow for either imprisonment or probation

d. All of the above

Type: multiple choice question

Title: Chapter 09 Question 15

15) In 1972, the Supreme Court instituted a moratorium on executions in the case of:

a. Furman v. Georgia

b. Gregg v. Georgia

c. Bush v. Gore

d. McCleskey v. Kemp

Type: multiple choice question

Title: Chapter 09 Question 16

16) Critics have raised which of the following objections to “moral education” as a justification for legal punishment?

a. It is inappropriately maternalistic in its orientation

b. It fails to consider the moral rights of victims

c. It fails to explain how punishment is the most effective means to achieve moral education

d. None of the above

Type: multiple choice question

Title: Chapter 09 Question 17

17) Specific policies flowing from retributist justifications for legal punishment include:

a. Rehabilitation

b. Deterrence

c. Incapacitation

d. Just desserts

Type: multiple choice question

Title: Chapter 09 Question 18

18) Arguing that the state must punish those found guilty of a crime because they have gained an unfair advantage over others or violated the collective trust is considered:

a. Incapacitation

b. Rehabilitation

c. Positive retributivism

d. Negative retributivism

Type: multiple choice question

Title: Chapter 09 Question 19

19) Criticisms of rights forfeiture theory as a justification for legal punishment include the problems of:

a. Relatedness

b. Durability and depth

c. Authorization

d. All of the above

Type: multiple choice question

Title: Chapter 09 Question 20

20) Retribution, as a justification for legal punishment, is not guided by which of the following?

a. Proportionality

b. Vengeance

c. Fairness

d. All of the above

Type: fill-in-blank

Title: Chapter 09 Question 21

21) ________ argues that punishment is justified as a way of teaching a moral lesson to not only those who commit crimes, but also the broader community.

a. Moral education theory

Type: fill-in-blank

Title: Chapter 09 Question 22

22) _________ argues that violating the legal rights of others alters the moral status of wrongdoers and therefore allows them to be punished.

a. Rights forfeiture theory

Type: fill-in-blank

Title: Chapter 09 Question 23

23) _________ argues that a sliding scale of punishment should exist based on the seriousness of the harm inflicted by, and the moral blameworthiness of, the offender.

a. Retribution

Type: fill-in-blank

Title: Chapter 09 Question 24

24) _________ occurs when an individual learns the costs of crime outweigh the benefits.

a. Specific Deterrence

Type: fill-in-blank

Title: Chapter 09 Question 25

25) If the homicide rate in a state declined for some period of weeks or months after the execution of a murderer occurred, this could illustrate _____________ of murder.

a. General deterrence

Type: fill-in-blank

Title: Chapter 09 Question 26

26) __________ suggests that the state must be constrained to punishing only those who are guilty.

a. Negative retribution

Type: fill-in-blank

Title: Chapter 09 Question 27

27) ___________________ suggests that the state must punish those found guilty of a crime because the offender gained an unfair advantage over others or violated the collective trust by engaging in criminal behavior.

a. Positive retribution

Type: fill-in-blank

Title: Chapter 09 Question 28

28) Critics of consequentialist justifications for legal punishment have pointed out that __________ ignores the fact there are the additional costs associated with punishment that potentially outweigh its presumed benefits.

a. Proportionality

Type: fill-in-blank

Title: Chapter 09 Question 29

29) Consequentialist justifications for legal punishment are said to be ______________ in their orientation.

a. Forward looking

Type: fill-in-blank

Title: Chapter 09 Question 30

30) _______________ occurs when an offender is removed from the community by incarcerating her, which makes the offender unable to continue victimizing others in the community.

a. Incapacitation

Type: essay/short answer question

Title: Chapter 09 Question 31

31) Explain why legal punishment cannot be ethically justified, using any of the systems of ethics you have examined to this point.

Type: essay/short answer question

Title: Chapter 09 Question 32

32) Which justification of legal punishment do you believe is most reflected in the criminal justice system of today? Explain.

Type: essay/short answer question

Title: Chapter 09 Question 33

33) Which justifications of legal punishment are teleological and which are deontological in their orientation? Explain.

Type: essay/short answer question

Title: Chapter 09 Question 34

34) Based on material provided in Chapter 09, explain or describe how or why the United States may be the most retributivist country among those in the developed world.