Deck 3: Justice and Law

Question 1

As defined in the text, the mediator between people's essential selfishness and generosity is referred to as:

A)law.
B)ethics.
C)justice
D)mercy.

Answer 1

C

Question 2

An ancient right based on church power that allowed a person respite from punishment as long as he or she was within the confines of church grounds is called:

A)refuge.
B)sanctuary.
C)asylum.
D)haven.

Answer 2

B

Question 3

According to Beccaria's and Bentham's utilitarian rationale, punishment should be based on:

A)the character of the victim
B)the concept of mercy
C)the seriousness of the crime
D)the social status of the perpetrator

Answer 3

C

Question 4

According to the chapter, which of the following is not a valid component of civil disobedience?

A)Any action must be approved by the majority of the community.
B)A major moral issue must be at stake.
C)It must be non-violent.
D)No other legitimate means of correcting the issue should be available.

Question 5

The concept that calls for retaliatory punishments such as "an eye for an eye" is known as :

A)lex talionis.
B)lex salica
C)lex rasa.
D)lex mala.

Question 6

According to Anthony Walsh, our sense of "moral outrage" and emotional need for justice developed through the process of:

A)divine intervention.
B)philosophical argument.
C)government and laws.
D)evolution.

Question 7

Rawls's concept of the "veil of ignorance" states that:

A)welfare should be given to the least advantaged or ignorant in our society.
B)one must be unaware of his or her own position in society in order to make just decisions.
C)ignorance always results in unfairness.
D)because we are ignorant of God's plan, equal distribution of goods is the most just.

Question 8

Bentham theorized that people rationally choose their behaviors by weighing the pleasure or benefit of their actions against the potential pain or cost. This process is known as:

A)the veil of ignorance.
B)the avoidance principle.
C)ethical formalism.
D)hedonistic calculus.

Question 9

Which theory of distributive justice would be most opposed to government involvement in the distribution of goods?

A)libertarian
B)utilitarian
C)egalitarian
D)Marxist

Question 10

______________ theories of distributive justice attempt to maximize benefits for overall society.

A)Libertarian
B)Utilitarian
C)Egalitarian
D)Marxist

Question 11

Which type of justice is concerned with the allocation of society's resources?

A)distributive justice
B)commutative justice
C)exemplary justice
D)corrective justice

Question 12

The type of justice that seeks to achieve the greatest good for all is called:

A)utilitarian justice.
B)restorative justice.
C)compensatory justice.
D)egalitarian justice.

Question 13

Which of the following is not an aspect of Rawls's theory of justice?

A)utilitarian principles
B)concern for rights
C)freedom from government interference
D)concern for the least advantaged members of society

Question 14

While ____________  justice involves the concept of " just deserts," ____________ justice concerns the steps we must take before determining guilt and administering punishment.

A)procedural; substantive
B)substantive; distributive
C)substantive; procedural
D)procedural; distributive

Question 15

Substantive justice and procedural justice are components of:

A)distributive justice.
B)corrective justice.
C)punitive justice.
D)restorative justice.

Question 16

The idea that government should maintain order but the community should establish peace is a characteristic of which concept?

A)utilitarianism
B)restorative justice
C)egalitarian philosophy
D)Marxist philosophy

Question 17

Retributive justice is best described by what term ?

A)balance
B)deterrence
C)compensation
D)rehabilitation

Question 18

Which ethical system is most consistent with a Marxist theory of distributive justice?

A)ethics of Virtue
B)ethical Formalism
C)ethics of Care
D)utilitarianism

Question 19

Which theory of distributive justice considers one's needs rather than what one has earned or deserves?

A)libertarian
B)utilitarian
C)egalitarian
D)Marxist

Question 20

Which theory of distributive justice starts with the basic premise of equality?

A)libertarian
B)utilitarian
C)egalitarian
D)​  Marxist

Question 21

Which type of justice is most closely associated with discussions of criminal law?

A)commutative
B)corrective
C)utilitarianism
D)distributive

Question 22

Mary owns her own consulting business. Among her employees are:
Sue - the receptionist and a single mother of three
Joe - the web designer and marketing manager, single, has an MBA
Alan - a married salesman who makes few sales and cares for an elderly parent
Carla - an unmarried salesperson who makes the majority of the company's sales
Assume that Mary agrees with Marxist theories. Which of the following would you expect?

A)Carla would be the highest-paid employee because of the business she brings in.
B)Alan and Sue would be paid more than their work seems to deserve , due to their family needs.
C)Mary would divide the company's profits equally among all employees.
D)Mary would expect the government to tell her how to pay the employees.

Question 23

________ is an approach to corrective justice that focuses on meeting the needs of offenders as well as victims.

A)Distributive justice
B)Restorative justice
C)Civil justice
D)Utilitarian justice

Question 24

Deterrence is the central theme of what theory of corrective justice?

A)utilitarian
B)retributive
C)substantive
D)compensatory

Question 25

Boss described unjust laws as having several characteristics. Which of the following is not one of these characteristics?

A)They are degrading to humans.
B)They are discriminatory against certain groups.
C)They are universal
D)They are unjustly applied.

Question 26

Mary owns her own consulting business. Among her employees are:
Sue - the receptionist and a single mother of three
Joe - the web designer and marketing manager, single, has an MBA
Alan - a married salesman who makes few sales and cares for an elderly parent
Carla - an unmarried salesperson who makes the majority of the company's sales
Assume that Mary agrees with egalitarian theories. Which of the following would you expect?

A)Carla would be the highest-paid employee because of the business she brings in.
B)Alan and Sue would be paid more than their work seems to deserve , due to their family needs.
C)Mary would divide the company's profits equally among all employees.
D)Mary would expect the government to tell her how to pay the employees.

Question 27

Sam has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Jones' home, causing damage to the sliding door in the process. He stole approximately $500 worth of items, and was caught trying to sell a stolen DVD player at a pawn shop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs.
Assume that Sam accepted the judge's offer to enter into a mediation process, where he and the family he stole from arrived at a mutual solution. As a result, Sam will provide $500 worth of yard work and is responsible for getting the door repaired. This sentence is consistent with the idea of:

A)restorative justice.
B)retributive justice.
C)deterrence.
D)ethics of care.

Question 28

Sam has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Jones' home, causing damage to the sliding door in the process. He stole approximately $500 worth of items, and was caught trying to sell a stolen DVD player at a pawn shop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs.
Assume that Sam was given a sentence that included probation with the condition of drug treatment. The judge is of the opinion that if Sam can break his addiction, then he will not need to return to crime. If the judge's intention is to help Sam, we could say her decision is based on the ethics of care. If her purpose was to rehabilitate Sam so that the community would benefit by removing his need to commit crimes, this would be consistent with the idea of:

A)ethics of care.
B)retributive justice.
C)deterrence.
D)utilitarianism.

Question 29

The concept of hedonistic calculus is associated with:

A)Rawls.
B)Bentham.
C)Hirschi.
D)Sutherland.

Question 30

Before coming to trial, Sam was assigned a public defender, was informed of the charges, and was given a chance to review the evidence against him. At the trial, the prosecutor called the crime scene investigator to the stand, and she provided scientific evidence to show that Sam had indeed been inside the victim's home.
These pre-trial activities are part of the practice of:

A)procedural justice.
B)substantive justice.
C)restorative justice.
D)peacemaking justice.

Question 31

Before coming to trial, Sam was assigned a public defender, was informed of the charges, and was given a chance to review the evidence against him. At the trial, the prosecutor called the crime scene investigator to the stand, and she provided scientific evidence to show that Sam had indeed been inside the victim's home.
The public defender, presentation of charges, and the discovery process were all elements of ____________ , which is guaranteed by the Constitution.

A)restoration
B)due process
C)utilitarianism
D)impartiality

Question 32

Mary owns her own consulting business. Among her employees are:
Sue - the receptionist and a single mother of three
Joe - the web designer and marketing manager, single, has an MBA
Alan - a married salesman who makes few sales and cares for an elderly parent
Carla - an unmarried salesperson who makes the majority of the company's sales
Assume that Mary believes in distributive justice based on "desert." Which of the following would you expect?

A)Carla would be the highest-paid employee because of the business she brings in.
B)Alan and Sue would be paid more than their work seems to deserve , due to their family needs.
C)Mary would divide the company's profits equally among all employees.
D)Mary would expect the government to tell her how to pay the employees.

Question 33

The roots of restorative justice can be found as far back as:

A)Mayan and Aztec law.
B)Chinese law.
C)Roman and Grecian law.
D)Common law.

Question 34

Procedural protections that are part of due process include all of the following except:

A)right to appeal.
B)right to the statement of findings.
C)right to restart proceedings.
D)right to a neutral hearing body.

Question 35

Key elements of community justice models include all of  the following except which?

A)The process of justice employs local leadership, is informal, and invites participation from community members.
B)The goal is to repair the harm done to a community member by another community member in a way that will restore the health of the community relationship.
C)The authority of the justice giver is through the customs and traditions accepted by all members.
D)The punishment imposed by the community should be of equal or greater severity than the crime itself.

Question 36

The voluntary breaking of established laws based on one's moral beliefs is called:

A)due process.
B)moral exception.
C)ethical justice.
D)civil disobedience.

Question 37

Before coming to trial, Sam was assigned a public defender, was informed of the charges, and was given a chance to review the evidence against him. At the trial, the prosecutor called the crime scene investigator to the stand, and she provided scientific evidence to show that Sam had indeed been inside the victim's home.
In order to be allowed at trial, the evidence that the crime scene investigator presented would have had to meet:

A)the "Rawls test."
B)the "veil of ignorance test."
C)the "impartiality standard."
D)the "Daubert standard."

Question 38

The goals of community reparative boards include all the following except:

A)promote citizen ownership of process.
B)provide an opportunity for the offender to take personal responsibility.
C)provide opportunity for victims and community members to confront offenders in a constructive manner.
D)provide an opportunity for the community to enact changes in the law to match their local customs.

Question 39

Sam has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Jones' home, causing damage to the sliding door in the process. He stole approximately $500 worth of items, and was caught trying to sell a stolen DVD player at a pawn shop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs.
Assume that the judge sentenced Sam to a straight jail term. She believes simply that Sam has caused harm and should be punished for it. This sentence is consistent with the idea of:

A)restorative justice.
B)retributive justice.
C)deterrence.
D)ethics of care.

Question 40

Mary owns her own consulting business. Among her employees are:
Sue - the receptionist and a single mother of three
Joe - the web designer and marketing manager, single, has an MBA
Alan - a married salesman who makes few sales and cares for an elderly parent
Carla - an unmarried salesperson who makes the majority of the company's sales
Assume that Mary agrees with libertarian theories. All of the following are possible except :

A)Carla would be the highest-paid employee because of the business she brings in.
B)Alan and Sue would be paid more than their work seems to deserve , due to their family needs.
C)Mary would divide the company's profits equally among all employees.
D)Mary would expect the government to tell her how to pay the employees.

Question 41

In Walsh's theory of the evolution of justice, "grudgers" emerged as a response to "cheaters."

Question 42

Rawls's theory of justice is consistent with rights-based theories of justice.

Question 43

Libertarian theory states that it is the role of government to provide as much guidance and control over the citizens as possible.

Question 44

_______ __ theories start with the basic premise of equal treatment or equal shares for all.

Question 45

Philosophical support for rehabilitative treatment of criminals can be found in natural law.

Question 46

justice is concerned with punishing someone who causes harm or breaks the rules.

Question 47

According to Peterson, race is a valid predictor of criminal behavior.

Question 48

The Latin term lex talionis refers to retaliation against an offender for the harm caused to the victim.

Question 49

Procedural justice is important because it always leads to substantive justice.

Question 50

Marxist theories state that resources should be distributed according to what one needs, rather than what one deserves.

Question 51

Under the utilitarian rationale for punishment, we weigh the punishment to the crime in order to balance the wrong to society.

Question 52

According to Walsh, moral outrage is a(n)             response.

Question 53

____________  justice is concerned with the allocation of the goods and burdens of society .

Question 54

Sanctuary allowed offenders to escape punishment as long as they were members of the clergy.

Question 55

The constitutionally mandated procedural steps designed to ensure fairness to the accused in any American criminal case are called ____________ .

Question 56

Impartiality refers to fair and equal treatment for all, without discrimination or bias.

Question 57

Substantive justice involves the determination of just deserts.

Question 58

Under the retributive system, the reason we punish is for the greater good of society.

Question 59

Some actions might be considered "good" but are not demanded by justice.

Question 60

According to Aristotle, slavery was always unjust, even when individual slaves were naturally best suited to be slaves.

Question 61

Fixating on a preconceived notion and ignoring information that points to other possibilities is known as                                .

Question 62

Describe the theories of distributive justice and provide an example of each.

Question 63

Compare and contrast substantive justice and procedural justice. Give an example of each.

Question 64

 __________ justice concerns the steps taken to reach a determination of guilt, punishment, or other conclusion of law.

Question 65

Describe Aristotle's two categories of justice.

Question 66

One of the advantages of __________  is that it is considered more humane than corporal punishment.

Question 67

Explain how Aristotle and Plato associated natural law with justice.

Question 68

Since they both emphasize meeting needs, "ethics of care" is consistent with a(n)__________theory of justice.

Question 69

_____________ punishment seeks to balance the victim's harm with the offender's pain.

Question 70

Peterson found that living in a(n)__________________ neighborhood made one more likely to commit crime.

Question 71

Define and discuss the concept of civil disobedience. Provide an example and show how it meets the criteria for civil disobedience presented in the chapter.

Question 72

Review and explain the factors that have been shown to sometimes lead to wrongful convictions.

Question 73

____________ justice is concerned with ensuring the best possible outcome for society at large.

Question 74

Community justice is similar to restorative justice, but with more emphasis on _________ .

Question 75

Compare and contrast lex talionis and lex salica . Give an example of each.

Question 76

Bentham's idea that individuals determine their actions by first weighing potential profit or pleasure against potential pain or punishment is called ____________.

Question 77

Explain restorative justice and community justice, and include how they differ.

Question 78

In a utilitarian system, the purpose of punishment is to ________ future crime.

Question 79

Explain the relationship between procedural justice and police-community relations.

Question 80

Discuss the factors associated with the utilitarian argument for punishment.