Full Test Bank Chapter.9 The Law And Social Control 6e

CHAPTER 9

THE LAW AND SOCIAL CONTROL

MULTIPLE CHOICE QUESTIONS

1. The primary function of the law is to establish and maintain ______________ through a system of codified rules and regulations.

a. behavior

b. social control

c. actions

d. society

2. What type of control is exemplified by the effect of a police officer-the uniformed symbol of law and control-on the behavior of those who are aware of the officer's presence?

a. informal

b. direct

c. indirect

d. peer

3. Which type of control begins with the socialization process in which we internalize rules of proper conduct?

a. formal

b. direct

c. informal

d. internal

4. Informal censure is accomplished through:

a. the raising of the eyebrows

b. the dressing down

c. the cold shoulder

d. all of the above

5. Complex and ______________ societies also need social peace and predictability to function properly and may need alternative methods to get it.

a. homogeneous

b. homologous

c. heterogeneous

d. indistinguishable

6. Donald Black’s (1976) position on the relationship between formal and informal social control is that:

a. as law breaks down, social control is exercised by formal means

b. as informal controls weaken, increasing reliance is placed on formal legal controls

c. there is no relationship between the two

d. formal law is indirect, and informal law is direct

7. When people violate the rules of acceptable behavior, they usually feel guilty in ______________ to the level of disapproval attached to the violation.

a. examination

b. contrast

c. relation

d. proportion

8. What refers to the effect of the imposed punishment on the future behavior of the person who is punished?

a. specific deterrence

b. general deterrence

c. specific incarceration

d. general incarceration

9. What is the difference between the circumstances of punishment and the offender's usual life?

a. realization effect

b. contrast effect

c. reality effect

d. societal effect

10. Some may insist that our _____________ and not the threat of punishment keeps us from committing criminal acts.

a. peers

b. moral conscience

c. family

d. government

11. The point of Plato’s allegory about the ring of Gyges is that:

a. specific deterrence does not work

b. most of us would commit crimes if guaranteed we would never be discovered

c. indirect/informal social control is best

d. none of us would commit crimes even if guaranteed we would never be discovered

12. Legal scholars have traditionally identified _________ other major objectives or justifications for punishing criminals besides deterrence.

a. three

b. four

c. five

d. six

13. Which model demands that punishment match the degree of harm inflicted on victims: minor crimes deserve minor punishments, and more serious crimes deserve more serious punishment?

a. just desserts

b. rehabilitation

c. reintegration

d. therapeutic

14. Which of the following is curbed by proportionality and imposed by neutral parties bound by laws mandating respect for the rights of individuals against whom it is imposed?

a. covert revenge

b. constrained revenge

c. overt revenge

d. simple revenge

15. Which philosophy of punishment refers to the inability of incarcerated criminals to victimize people outside the prison walls?

a. retribution

b. rehabilitation

c. reintegration

d. incapacitation

16. Which philosophy of punishment means to restore or return to constructive or healthy activity?

a. retribution

b. rehabilitation

c. deterrence

d. incapacitation

17. Which of the following used to view criminality in terms of "faulty thinking" and criminals in need of "programming" rather than "treatment."

a. medical model

b. deterrence

c. incapacitation

d. retribution

18. The commonality that all the philosophies of punishment share is:

a. prevention of crime

b. rehabilitation

c. incapacitation

d. retribution

19. Which of Black's (1976) styles of social control usually involves a breach in a harmonious relationship between two people who are now disputants?

a. penal

b. therapeutic

c. conciliatory

d. compensatory

20. Which philosophy of punishment looks to make punishment more certain, swift, and severe?

a. incapacitation

b. rehabilitation

c. deterrence

d. reintegration

21. The penal style of social control shares with the compensatory style the characteristic of being:

a. accusatory

b. therapeutic

c. remedial

d. deterrent

22. The therapeutic style of social control shares with the conciliatory style the characteristic of being:

a. accusatory

b. therapeutic

c. remedial

d. deterrent

23. Which of Black's (1976) styles of social control assigns blame to individuals for their actions and punishes them accordingly?

a. compensatory

b. conciliatory

c. therapeutic

d. penal

24. Which of Black's (1976) styles of social control invests criminals with a capacity for calculation exceeding that of most individuals but pays tribute to their capacity for moral responsibility?

a. conciliatory

b. penal

c. compensatory

d. therapeutic

25. Personal and environmental factors influence the ______________ of criminal behavior, but rightly or wrongly, the law acts as if criminal activity is the product of free choice.

a. type

b. technicality

c. legality

d. probability

26. ______________ rates are determined by dividing the number of people incarcerated per 100,000 people (criminals and noncriminals alike) in the population.

a. crime

b. recidivism

c. conviction

d. incarceration

27. What is defined as pleading guilty in exchange for a lighter sentence?

a. confessing

b. pledging

c. plea bargaining

d. charge bargaining

28. Which of the following is true regarding the benefits of plea bargaining?

a. police enjoy a benefit in that they are saved from numerous appearances in court

b. judges and prosecutors benefit by the speedy and efficient clearing of cases, and the community as a whole saves the cost of a trial

c. victims may be the least satisfied but have the benefit of certain conviction and at least some punishment for the offenders

d. all of the above

29. The text argues that there still appears to be an element of punishment attached to ______________ in a plea bargain.

a. cooperation

b. charge bargaining

c. agreement

d. noncooperation

30. What ultimate form of social control remains highly popular with the American public today?

a. incarceration for life

b. death penalty

c. incarceration

d. probation

31. Support for the death penalty goes up and down with:

a. governmental support

b. societal movements

c. cultural growth

d. crime rates

32. Very few challenges to the death penalty arose until the National Association for the Advancement of Colored People and the American Civil Liberties Union (ACLU) waged a joint attack on it beginning in the early:

a. 1950s

b. 1960s

c. 1970s

d. 1980s

33. The first step to the bifurcated death penalty hearing process is to:

a. charge the defendant

b. impose the sentence

c. carry out the sentence

d. determine guilt

34. In which case did the U.S. Supreme Court decide against mandatory death sentences?

a. Penry v. Lynaugh

b. Gregg v. Georgia

c. Coker v. Georgia

d. Woodson v. North Carolina

35. In which case did the U.S. Supreme Court allow the imposition of the death penalty on juveniles?

a. Atkins v. Virginia

b. Roper v. Simmons

c. Stanford v. Kentucky

d. Baze and Bowling v. Rees

36. In which case did the U.S. Supreme Court reverse itself on Eighth Amendment grounds in the matter of executing the mentally retarded?

a. Roper v. Simmons

b. Atkins v. Virginia

c. Coker v. Georgia

d. Stanford v. Kentucky

37. The death penalty is carried out relatively ___________ in the United States today.

a. rarely

b. frequently

c. often

d. suddenly

38. Opponents of capital punishment argue that our "______________" should preclude the United States from being associated in any way with countries that have the highest rates of executions.

a. evolving standards of decency

b. criminal justice system

c. system of government

d. leaders

39. Proponents of capital punishment often cite its supposed ______________ effect, but opponents say that there is no sound evidence to support that position.

a. retributive

b. moral

c. societal

d. deterrent

40. The _____________ effect is said to have its influence on "fringe" killers who see it as a contradictory message that is sent by the state killing people to teach other people that killing is wrong.

a. brutalization

b. murder

c. prosecution

d. homicide

41. Which of the following is NOT an argument in favor of the death penalty?

a. it is a deterrent if imposed with greater certainty and frequency

b. it is only more costly of a penalty due to the appeals process

c. the moral equivalency of physical acts is not automatically valid

d. it creates a brutalization effect

42. According to DeLisi (2005), in one study of the criminal activity of 39 convicted murderers after they had served their time for their murders found that, between them, they had ________ arrests for serious violent crimes.

a. 863

b. 218

c. 195

d. 122

43. In which case did the U.S. Supreme Court move in the direction of placing limits on death penalty appeals?

a. Coleman v. Thompson

b. McKlesky v. Kemp

c. Brown v. Board of Education

d. Kansas v. Hendricks

44. The solution to biased sentencing is _____________ in sentencing, which implies neither the abolition nor the retention of capital punishment.

a. authorization

b. equity

c. retribution

d. rehabilitation

45. A government's need to control extremes of ______________ is even more important than its need to control crime.

a. mental illness

b. sentencing inequity

c. crime recidivism

d. political dissent

46. Which type of government does not permit political neutrality, thus blurring the distinction between public and private lines?

a. authoritarian

b. democratic

c. totalitarian

d. communist

47. Which type of government exercises less control over political dissent than other forms of government?

a. autocracy

b. plutocracy

c. authoritarian

d. democratic

48. According to Dunn (1982), the Federal Bureau of Investigation burglarized the offices of the Socialist Workers Party no less than ______ times from 1960 to 1966.

a. 86

b. 88

c. 90

d. 92

49. A more welcome method of destroying the appeal of threatening political third parties is to:

a. pass laws against their activities

b. employ “dirty tricks” to discredit them

c. use the Supreme Court to declare them illegal

d. co-opt what is most appealing about their political platforms

50. Which president's administration made far-reaching use of the law to assure political conformity after the United States entered World War I?

a. Jimmy Carter

b. Dwight D. Eisenhower

c. Woodrow Wilson

d. Ronald Reagan

51. Which act(s) made it illegal for anyone to publicly express opposition to the war or to criticize the president or Congress?

a. Espionage Act of 1917

b. Subversive Activities Control Act of 1917

c. Sabotage and Sedition Acts of 1918

d. Espionage and Sabotage Acts of 1918

52. Which of the following acts were NOT an attempt to control and destroy the American Communist Party?

a. Smith Act of 1940

b. Internal Security Act of 1950

c. Communist Control Act of 1954

d. Espionage Act of 1917

53. In which case did the U.S. Supreme Court uphold a provision of the Smith Act of 1940 making it a crime to belong to the Communist Party?

a. Communist Party v. Subversive Activities Control Board

b. Scales v. United States

c. Gitlow v. New York

d. Dennis v. United States

54. The ACLU fears that the USA Patriot Act's definition of "______________" has great potential for abuse.

a. communication

b. privacy

c. citizen

d. terrorism

55. Psychiatry and its concepts of mental health and mental illness are potentially means of achieving ______________ in conjunction with the legal system.

a. therapy

b. social control

c. compensation

d. justice

56. Since the goal of psychiatry is to cure and control, not punish, it is the quintessential example of Black's (1976) ______________ social control.

a. penal

b. conciliatory

c. therapeutic

d. compensatory

57. In the former Soviet Union, "______________" often consisted of the involuntary administration of drugs, and one could not be considered "cured" until deemed to be in conformity with political orthodoxy, deviation from which served as the sole definition of the "illness" in the first place.

a. hospitalization

b. treatment

c. labeling

d. deviation

58. In which case did the U.S. Supreme Court uphold a statute aimed at keeping certain sex offenders behind bars under civil commitment laws after they have served their prison terms if they demonstrated "mental abnormality" or "personality disorder"?

a. Holman v. Gaston

b. Missouri v. Jenkins

c. Hemmens v. Walsh

d. Kansas v. Hendricks

59. Most people in the United States feel that the use of power to enforce rules is ______________ because that is how the law itself is seen.

a. legitimate

b. powerful

c. arbitrary

d. criminal

60. In what case did the U.S. Supreme Court rule that it is permissible to double property taxes in order to build “magnet schools” to attract white students back to the inner city and combat "white flight" to the suburbs?

a. Holman v. Gaston

b. Missouri v. Jenkins

c. Hemmens v. Walsh

d. Kansas v. Hendricks

TRUE/FALSE QUESTIONS

1. Social control is maintained exclusively and most powerfully by the law.

a. True

b. False

2. Direct control is accomplished by the person’s own conscience.

a. True

b. False

3. Indirect control is persuasive and voluntary.

a. True

b. False

4. People who behave well regardless of the presence of an officer are controlled indirectly because they have internalized a belief in the rightness or wrongness of various acts.

a. True

b. False

5. According to legal sociologist Donald Black (1976), the “Law varies upward with other forms of social control”.

a. True

b. False

6. Deterrence is defined as the prevention of criminal acts by the use or threat of punishment.

a. True

b. False

7. The term general deterrence refers to the preventative effect of punishment on the person being punished.

a. True

b. False

8. A philosophy of morality involves justifying the imposition of a painful burden on unwilling subjects.

a. True

b. False

9. Retribution is the most honestly stated justification for punishment.

a. True

b. False

10. James Q. Wilson remarked that: "Wicked people exist. Nothing avails except to set them apart from innocent people."

a. True

b. False

11. Rehabilitation is based on a medical model.

a. True

b. False

12. The medical model used to view criminal behavior as a physical disease requiring treatment.

a. True

b. False

13. Black's (1976) compensatory style of social control involves some breach of obligation resulting in an accused debtor and an alleged victim.

a. True

b. False

14. Black's (1976) therapeutic style of social control is one in which a person has violated some aspect of the penal code and is thus subject to punishment.

a. True

b. False

15. The law assumes rational individuals engage in therapeutic decision-making before they act.

a. True

b. False

16. Plea bargaining is defined as pleading guilty in exchange for a lighter sentence.

a. True

b. False

17. In Bordenkircher v. Hayes, the U.S. Supreme Court upheld the constitutionality of imposing life sentences on defendants who refuse to plea bargain.

a. True

b. False

18. Support for the death penalty goes up and down with crime rates.

a. True

b. False

19. Legal opposition to the death penalty has revolved around the Fourteenth Amendment's equal protection clause.

a. True

b. False

20. In Gregg v. Georgia, the U.S. Supreme Court upheld the constitutionality of the bifurcated hearing in death penalty cases.

a. True

b. False

21. In Baze and Bowling v. Rees, the U.S. Supreme Court ruled that lethal injection did not violate the Eighth Amendment.

a. True

b. False

22. Death penalty abolitionists argue that executions may "cause" a slight rise in the homicide rate due to the prosecution effect.

a. True

b. False

23. In Kansas v. Hendricks the U.S. Supreme Court moved in the direction of placing limits on death penalty appeals.

a. True

b. False

24. Proponents of capital punishment argue that equity in sentencing (given similarly situated defendants, of course) should be achieved by imposing more death sentences, not by imposing the death penalty on no one.

a. True

b. False

25. An authoritarian type of government maintains the distinction between public and private lives by encouraging, but not requiring, political participation and by allowing political plurality.

a. True

b. False

26. The Espionage Act of 1917 defined the term espionage very broadly, and allowed the post office to confiscate any "seditious material".

a. True

b. False

27. In Gitlow v. New York, the U.S. Supreme Court asserted the First Amendment right to freedom of speech and bound the states to it, while upholding the conviction of a socialist convicted of passing out seditious (anti-war) pamphlets in New York.

a. True

b. False

28. Psychiatry and its concepts of mental health and mental illness are potentially means of achieving compensation in conjunction with the legal system.

a. True

b. False

29. The former Soviet Union made widespread use of psychiatric labeling to justify locking up dissidents in mental hospitals.

a. True

b. False

30. A court order compelling a public official to do their duty is known as a writ of mandamus.

a. True

b. False

ESSAY QUESTIONS

1. How did Black explain the relationship between formal and informal control and how is it demonstrated in the juvenile justice system?

2. Outline and explain Black’s legal styles of social control.

3. Choose one philosophy of punishment discussed in the text that you agree with the most. Fully explain this philosophy and why you agree with it over the others.

4. Choose a side (pro or con) in regards to capital punishment and use evidence from the chapter to support your position.

5. Fully explain how the law and psychiatry have impacted social control.