Deck 3: Justice and Law

Question 1

The concept of justice is most closely related to:

A)ethical formalism.
B)deontological ethics.
C)the ethics of care.
D)enlightened egoism.

Answer 1

A

Question 2

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 2

C

Question 3

Procedural justice is evidenced most fully in:

A)state bureaucracies.
B)our legal system.
C)a prison's administration.
D)the election of judges.

Answer 3

B

Question 4

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

A)Utilitarian
B)Retributive
C)Substantive
D)Compensatory

Question 5

Which of the following is not a theme of justice as proposed in the text?

A)Fairness
B)Equality
C)Punishment
D)Impartiality

Question 6

Egalitarian theories begin with the premise

A)of equal shares for all.
B)that need should be emphasized above entitlement.
C)that entitlement should be emphasized above need.
D)that society should benefit as a whole by distribution.

Question 7

Which of the following theories give need the most weight?

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

Question 8

What metaphor did Rawls employ to indicate that people will distribute most fairly when they do not know how they will benefit from the distribution?

A)Blindfolded justice
B)The torch of liberty
C)A veil of ignorance
D)A curtain of discretion

Question 9

The concept of "just deserts" is a primary concern of:

A)distributive justice.
B)Marxist theory.
C)utilitarian theory.
D)substantive justice.

Question 10

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

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

Question 11

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 12

Which theory of distributive justice specifically emphasizes entitlement over need?

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

Question 13

Tyler defined the perception of legitimate procedural justice as containing all of the following elements except

A)voice.
B)neutrality.
C)respect.
D)equality.

Question 14

Retributive justice is best described by what term?

A)Balance
B)Deterrence
C)Compensation
D)Rehabilitation

Question 15

The concept of hedonistic calculus is associated with:

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

Question 16

What component of justice concerns itself with the steps taken to determine guilt?

A)Distributive justice
B)Corrective justice
C)Procedural justice
D)Restorative justice

Question 17

The concept of __________ is primarily one of balance.

A)retributive justice
B)substantive justice
C)procedural justice
D)distributive justice

Question 18

In his noteworthy dissent for In re Troy Anthony Davis , Justice Scalia argued

A)the disproportionate execution of minorities should be considered a violation of due process.
B)the Constitution does not forbid the execution of the innocent.
C)the death penalty should be considered cruel and unusual punishment.
D)for "equitable tolling" in the extension of a habeas corpus petition.

Question 19

What may be distributed in distributive justice?

A)Money
B)Opportunities for education
C)Honor
D)All of these are correct

Question 20

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 21

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 22

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 23

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 24

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 pawnshop. 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 25

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 26

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 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 pawnshop. 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

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 29

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 pretrial activities are part of the practice of:

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

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. 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 31

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 32

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 pawnshop. 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 33

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 34

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 35

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 36

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 37

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 38

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

A)Commutative
B)Corrective
C)Utilitarianism
D)Distributive

Question 39

________ 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 40

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 41

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

Question 42

___________ originated in a Greek word, which is associated with the concept of everything staying in its assigned place or natural role.

Question 43

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

Question 44

Racial profiling studies consistently show that black drivers are more likely to have their cars searched, even though they are less likely to have contraband than white drivers.

Question 45

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

Question 46

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

Question 47

The origin of the word "justice" is a Greek word that was associated with stability.

Question 48

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

Question 49

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

Question 50

___________ theories place need above desert or entitlement.

Question 51

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

Question 52

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

Question 53

The Supreme Court has definitively ruled that innocence is more important than legal rules.

Question 54

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

Question 55

Marxist theories state that resources should be distributed according to what one deserves or has earned.

Question 56

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

Question 57

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

Question 58

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

Question 59

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

Question 60

Civil disobedience seeks to break the law.

Question 61

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

Question 62

___________ allowed a person respite from punishment if he or she was within the confines of church grounds.

Question 63

Rawls' idea that people will develop fair principles of distribution only if they are ignorant of their position in society is called the ____________ .

Question 64

Explain how Aristotle and Plato associated natural law with justice.

Question 65

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

Question 66

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

Question 67

Discuss the relationship between race and procedural justice.

Question 68

Discuss the procedural and substantive justice approaches to the death penalty in the United States, and discuss what conclusions the Supreme Court has come to on the issue.

Question 69

Discuss the criteria of civil disobedience, a case from contemporary society in which you think it would be appropriate, why, and what form it should take.

Question 70

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

Question 71

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

Question 72

Describe Aristotle's two categories of justice.

Question 73

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

Question 74

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

Question 75

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

Question 76

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

Question 77

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

Question 78

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

Question 79

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

Question 80

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