Test Bank Essay Questions Chapter 2 Justice And The Law - Chapter Test Bank | Law & Society 4e Walsh by Anthony Walsh. DOCX document preview.
CHAPTER 2
1. Compare and contrast the due process and crime control models of criminal justice.
- Emphasizes community protection.
- Focuses on efficiency and finality.
- Encourages limited appeals.
- Runs like an assembly line.
- Runs like an obstacle course.
- Encourages numerous appeals.
- Concerned with the integrity of the legal system and focuses on legal guilt rather than factual guilt.
- Focuses on protecting individual rights (police officers must get warrants, evidence may be suppressed, and various motions may be filed) .
2. What are Reichel’s irreducible elements of the rule of law?
- The rule of law is the only way that we can reasonably assure that we are integrating important aspects of justice into our legal systems. The rule of law contains three irreducible elements: (i) A nation must recognize the supremacy of certain fundamental values and principles; (ii) these values must be committed to writing; and (iii) a system of procedures holding the government to these principles and values must be in place.
3. Discuss the differences between transcendental natural law and evolutionary natural law.
- Emphasizes the primacy and superiority of the spiritual over the material.
- Transcendentalists believe that there are timeless and universalistic (natural) laws that transcend the legal interests of a particular society at a particular time in history. In this view, law originates in some transcendental realm and must be followed by all even if it conflicts with human-made (positivist) law.
- Natural law may be considered “law within the law,” a set of moral precepts that tempers positivist law with concerns of fairness and justice that are absolutist principles morally binding on all societies and individuals.
- Attempts to explain the origins of law and justice with reference to the principles of evolutionary biology.
- The evolutionary position begins with human choice. That is, humans are biologically predisposed to make certain choices because those choices promoted the survival and reproductive success (the goal of all living things) of our distant ancestors.
- The evolutionary perspective posits a moral universality, which implies generality but recognizes the possibility of exceptions rather than the absolutism of the transcendental perspective.
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