Deck 11: The Ethics of Punishment and Corrections

Question 1

The retributive rationale postulates that:

A)punishment is an end in itself.
B)punishment is a means rather than an end.
C)punishment is not and should not be the only response to crime.
D)punishment is never an option.

Answer 1

A

Question 2

Which of the following individuals viewed the criminal as rational and as having free will?

A)Kelsey Kauffman
B)Cesare Beccaria
C)Jeremy von Hirsch
D)John Braithwaite

Answer 2

B

Question 3

"Penal harm" refers to the idea that the system:

A)should intentionally inflict pain on offenders during their imprisonment.
B)mus t provid e additiona l pai n i n orde r fo r offender s t o b e trul y rehabilitated.
C)should focus its efforts in reducing harm and increasing rehabilitative programs.
D)should allow corporal punishment but not cause permanent harm.

Answer 3

A

Question 4

Which school of thought sees criminal acts as symptoms of underlying pathology?

A)neo-classical
B)utilitarian
C)positivist
D)formalist

Question 5

In Washington v. Harper , the U.S. Supreme Court ruled that:

A)an inmate's right to refuse antipsychotic medication is not unconstitutional.
B)an inmate does not have the right to question the treatment prescribed by treatment staff and seek a second opinion.
C)an inmate has the right to question the treatment prescribed by treatment staff and to demand a second opinion.
D)an inmate's right to refuse antipsychotic medication did not outweigh the state's need to administer it if there  was a showing that the inmate posed a security risk.

Question 6

Which of the following is not a method of prevention?

A)deterrence
B)treatment
C)incapacitation
D)just deserts

Question 7

In your text, anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior patterns is referred to as:

A)punishment.
B)retribution.
C)treatment.
D)restoration.

Question 8

According to the text, the rationale for punishment and corrections comes from:

A)religious tradition.
B)the Supreme Court.
C)English common law.
D)the social contract.

Question 9

Emile Durkheim believed that criminals actually provide value to the community by:

A)creating jobs in the fields of law enforcement and corrections.
B)establishing the parameters of acceptable behavior.
C)giving citizens a common enemy to unite around.
D)motivating citizens to take better care of their possessions and homes.

Question 10

Which of the following are the two types of deterrence mentioned in the text?

A)restorative and punitive
B)specific and general
C)primary and secondary
D)personal and public

Question 11

Atonement is most closely associated with the concept of:

A)retribution.
B)prevention.
C)deterrence.
D)treatment.

Question 12

Which of the following is not one of Mackie's types of retribution?

A)negative retribution
B)positive retribution
C)punitive retribution
D)permissive retribution

Question 13

A positive retribution:

A)demands that one who is guilty ought to be punished.
B)allows that one who is guilty may be punished.
C)dictates that one who is not guilty must not be punished for a crime.
D)does not allow for atonement.

Question 14

The idea that an offender must suffer in order to achieve salvation is associated with the ________________  punishment rationale.

A)retribution
B)treatment
C)incapacitation
D)deterrence

Question 15

Detaining only those who are at the highest risk of re-offending would be a form of:

A)general deterrence.
B)specific deterrence.
C)selective incapacitation.
D)general incapacitation.

Question 16

Corrections Corporation of America and the GEO Group are private companies that :

A)conduct research into correctional methods and policies.
B)provide training for state correctional officers.
C)build and operate correctional facilities.
D)manufacture the drugs used in lethal injections.

Question 17

Which form of prevention is aimed at the overall community rather than the offender?

A)general deterrence
B)specific deterrence
C)selective incapacitation
D)general incapacitation

Question 18

Von Hirsch's conceptualization that the punishment of the individual should be purely retributive and balanced to  the seriousness of the crime is embodied in the:

A)treatment model.
B)justice model.
C)incapacitation model.
D)restitution model.

Question 19

Which ethical system is used to support preventing crime using deterrence, incapacitation, and/or treatment?

A)ethical formalism
B)ethics of care
C)Rawlsian ethics
D)utilitarianism

Question 20

According to the text, there are five essential elements to the definition of punishment. Which of the following is  not one of these five elements?

A)There are at least two persons involved.
B)The person who inflicts the punishment causes a certain harm to the person who is being punished.
C)The person who inflicts the punishment has been authorized, under a system of rules or laws, to harm the person who is punished in this particular way.
D)The person who is being punished has been identified and judged by his/her victim.

Question 21

Stigmatizing shaming is:

A)the idea that certain types of punishment can reduce recidivism as long as they do not involve banishment.
B)the effect of certain punishments whereby the offender feels rejected by the community.
C)partly accomplished by exiling the individual.
D)no longer practiced in the industrialized world.

Question 22

A sexual predator is nearing completion of his sentence. He has indicated that he is consumed by compulsions that he is not able to resist. Corrections officials are convinced that he will re-offend upon being released. They decide to seek an order committing the offender to a secure treatment facility at the completion of his sentence.
Even though the offender does not wish to be confined, the judge agrees that this is the best course of action, for both the community and the offender. Which of the following ethical systems does not support this decision?

A)utilitarianism
B)ethics of care
C)ethical formalism
D)teleological ethics

Question 23

____________________ basic rationale for punishment provides that the utility of punishment to society (by deterring crime)outweighs the negative of the punishment itself.

A)Kauffman's
B)Bentham's
C)Mackie's
D)Rawls's

Question 24

A new supermarket is being built. The county has required the owner to designate at least eight handicap parking spaces. The county installed a sign in front of each space to indicate that it is reserved for vehicles with a proper sticker. The sign also announces a $250 fine for violators.
The intention behind the sign is to announce to the community at large that there will be a stiff penalty to pay for violating the rule. The belief is that drivers who risk a small fine by parking illegally elsewhere, such as against the curb, will not risk the large fine for parking illegally in the handicap spaces. This point of view is known as:

A)general deterrence.
B)specific deterrence.
C)expiation.
D)incapacitation.

Question 25

Criticism of super max prisons include each of the following except:

A)little human contact for the prisoners.
B)little or no daily exercise.
C)inmates being sent there who do not fit the criteria.
D)frequent escapes due to understaffing.

Question 26

The Eighth Amendment protects all Americans from:

A)illegal search and seizure.
B)cruel and unusual punishment.
C)due process and double jeopardy.
D)trial by jury.

Question 27

You are a prosecutor preparing a case. The facts of the case support a charge of either capital murder or first-degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office.
Mary comes to your office and argues in favor of charging capital murder. She believes that capital punishment is  just, because murder deserves a proportional punishment.  Mary's point of view reflects which ethical system?

A)utilitarianism
B)ethics of care
C)teleological ethics
D)ethical formalism

Question 28

A new supermarket is being built. The county has required the owner to designate at least eight handicap parking spaces. The county installed a sign in front of each space to indicate that it is reserved for vehicles with a proper sticker. The sign also announces a $250 fine for violators.
Ethically, it seems as though the punishment is well out of proportion for the transgression. However, it seems as though it is worth the harm done to a few rule- breakers if the punishment prevents others from parking there. In other words, the "good" to the general community outweighs the harm of the severe individual penalty. The philosophy that supports this is:

A)utilitarianism.
B)ethics of care.
C)deontological ethics.
D)ethical formalism.

Question 29

A sexual predator is nearing completion of his sentence. He has indicated that he is consumed by compulsions that he is not able to resist. Corrections officials are convinced that he will re-offend upon being released. They decide to seek an order committing the offender to a secure treatment facility at the completion of his sentence.
The legal basis for civil commitment can be found in the Supreme Court decision of:

A)Furman v. Georgia .
B)Roper v. Simmons .
C)Atkins v. Virginia .
D)Kansas v. Hendricks .

Question 30

Ethical formalism is most consistent with a __________________  form of punishment.

A)utilitarian
B)retributive
C)preventative
D)incapacitative

Question 31

You are a prosecutor preparing a case. The facts of the case support a charge of either capital murder or first-degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office.
As you consider your options, the court-appointed psychiatrist calls and tells you that he has examined the defendant and finds him to be severely developmentally challenged. The psychiatrist estimates the defendant's IQ to be in the 60's and recommends that you seek his school or medical records to find more information. You decide that, given this information, an attempt to seek the death penalty would not be legally supported, based on the ________________  decision.

A)Furman v. Georgia
B)Roper v. Simmons
C)Atkins v. Virginia
D)Kansas v. Hendricks

Question 32

Which ethical system contends that punishment should be consistent with the veil of ignorance?

A)ethical formalism
B)ethics of care
C)Rawlsian ethics
D)utilitarianism

Question 33

The term " pluralistic ignorance" describes:

A)ignoring the calls of officers in need.
B)the vocal minority shaping the perception of subcultural values.
C)competing interest groups operating within the prison.
D)conflicts between management and officers being reflected in inmate behavior.

Question 34

The author identifies cynicism, lethargy, and individualism as components of the occupational subculture of:

A)probation/parole officers.
B)prison doctors.
C)police officers.
D)prison wardens and administrators.

Question 35

The next offender to come before you is a doctor who has been found guilty of writing fraudulent  prescriptions. Part of his sentence will be a loss of his medical license for one year. Because you intend for his loss of license to mean he will be prevented from committing this same crime again, at least for a year, your sentence is an attempt at:

A)general deterrence.
B)retribution.
C)rehabilitation.
D)incapacitation.

Question 36

The last case of the day involves a 16-year-old high school dropout who was convicted of auto theft. He had no prior record and says that he dropped out of high school to help his family but has not been able to find work. You are convinced that he only stole the car out of economic need. You hand down a sentence consisting of probation, with a condition of attending job training. Your goal is to help the offender improve his chances at landing a job, which should help keep him away from crime. This decision reflects the ________________  ethic.

A)just deserts
B)expiation
C)treatment
D)social contract

Question 37

Death penalty retentionists and abolitionists both use each of the following to support their position except :

A)utilitarianism.
B)ethical formalism.
C)ethics of care.
D)religion.

Question 38

In Kauffman's description of the correctional officer subculture, someone who was perceived as sympathetic to  inmates was known as a(n):

A)white hat.
B)inmate lover.
C)bleeding heart.
D)slam.

Question 39

You are a prosecutor preparing a case. The facts of the case support a charge of either capital murder or first-degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office.
Later, Ted comes by and also argues in favor of seeking the death penalty. His point is that other would-be murderers in the community need to see that they face the ultimate penalty for committing murder. He presents you with research that supports the idea that the death penalty deters crime. He says "I can see why you're not crazy about the idea of putting someone to death - that's a terrible thing. But it's best for the whole community if it sends a message that prevents other murders." Ted's argument is based on:

A)utilitarianism.
B)ethics of care.
C)deontological ethics.
D)ethical formalism.

Question 40

You are a judge considering the sentences of several convicted offenders. The first offender has been found guilty of burglary and larceny for the third time. The report tells you that the offender's previous sentences were probation for the first offense and 14 days in jail for the second . You determine that the offender has not learned his lesson after the first two convictions, and you intend to send him a message with this sentence. Accordingly, you sentence him to the maximum allowed under the guidelines. Because you imposed this long sentence to try to teach this individual a lesson, so that he will not choose to offend again in the future, your sentence is an attempt at:

A)general deterrence.
B)specific deterrence.
C)rehabilitation.
D)​i ncapacitation.

Question 41

The First Amendment to the Constitution protects citizens against cruel and unusual punishment.

Question 42

The Supreme Court has ruled that it is unconstitutional to execute someone who committed their crime when they were under 18 years old.

Question 43

The term __________________  refers to atonement for a wrong to achieve a state of grace.

Question 44

Depo Provera is a substance that is administered by injection to psychotic prisoners to prevent them from causing harm to themselves or others.

Question 45

The Supreme Court has overturned the use of three-strikes laws.

Question 46

Both the American Correctional Association's Code of Ethics and the Law Enforcement Code of Ethics prohibit exploiting one's professional authority for personal gain.

Question 47

The subcultures in the fields of law enforcement and corrections have not yet been affected by the integration of minorities and women into these occupations.

Question 48

Expiation is concerned with making amends or atonement.

Question 49

The  _____________________, or habitual offender laws, call for harsher sentences and are justified by the prediction that previous offenders will commit future crimes.

Question 50

The ethics of care is consistent with restorative justice.

Question 51

The ___________________  defined by von Hirsch stated that the punishment of the individual should be purely retributive and balanced to the seriousness of the crime.

Question 52

The term __________________ refers to anything used to induce behavioral change with the goal to eliminate dysfunctional or deviant behavior and to encourage productive and normal behavior patterns.

Question 53

The Supreme Court has never recognized a prisoner's legal right to rehabilitative treatment .

Question 54

Less than 20 percent of state prison beds are managed by private companies.

Question 55

General deterrence is consistent with ethical formalism.

Question 56

Fogel's idea that the punishment of an individual should be limited by the seriousness of the crime  is referred to as the _____________ model.

Question 57

Determinate sentencing is consistent with the just deserts model of justice.

Question 58

The " veil of ignorance" refers to the concept that in order to be fair, one who is deciding a punishment should not know who the offender or victim are.

Question 59

Professionals in treatment- related occupations that intersect with corrections, such as social workers and secure hospital staff, are guided by the same professional code of ethics as correctional officers.

Question 60

The current trend regarding capital punishment is toward increasing support of the death penalty.

Question 61

Discuss the impact of the corrections subculture on the workplace behavior of correctional officers.

Question 62

The concept of "ecology of cruelty" can be seen in effect in _____________ prisons .

Question 63

A slang term used by both officers and inmates that refers to providing information to authorities is          .

Question 64

The idea that the majority misperceive the prevalence of a belief because of a vocal minority is called  ____________________.

Question 65

___________________ is a slang term used to describe an officer who is sympathetic toward inmates.

Question 66

Megan's Law and Jessica's Law require states to create ___________________  and make them available to the public.

Question 67

Explain the controversial issues surrounding the use of supermax prisons.

Question 68

Define punishment and then discuss the major rationales of punishment.

Question 69

Utilitarian theory would favor ____________________ over punishment if both were to have equal amounts of utility for society .

Question 70

_________________ shaming is a form of punishment that results in the offender feeling cast aside and abandoned by his or her community.

Question 71

Describe the trend in capital punishment since 2000, based on Supreme Court decisions and state legislation .

Question 72

The term ________________ shaming refers to Braithwaite's idea that some type of punishment can lead to a  reduction of recidivism as long as it is not banishment and induces healthy shame in the individual.

Question 73

Compare and contrast the two types of shaming described by Braithwaite, and suggest a crime that would be appropriately punished by each type.

Question 74

Support three-strike laws through a retributive rationale and then through a utilitarian rationale.

Question 75

Defend the rationales of punishment through the use of the ethical systems.

Question 76

In what ways do the codes of ethics differ between correctional and treatment occupations? Explain how these occupations are also guided by different ethical systems.

Question 77

Support or criticize the use of private corrections and give your reasons.

Question 78

Society's urge to react in a hostile manner to harm (such as crime)is a component of human nature; therefore, one  might say that punishment is a(n)  _________________ law.

Question 79

In Roper v. Simmons , the Supreme Court held that executing ____________________  offenders would be cruel and unusual and would violate the Eighth Amendment.

Question 80

How would Bentham defend punishment? Contrast that position with Kant's position.