Deck 11: The Ethics of Punishment and Corrections

Question 1

When did the "just desserts" model regain favor in the United States?

A)1920s-30s
B)1940s-50s
C)1960s-70s
D)1970s-80s

Answer 1

D

Question 2

Which form of prevention is aimed at the offender and not the overall community?

A)General deterrence
B)Specific deterrence
C)Selective incapacitation
D)General incapacitation

Answer 2

B

Question 3

Which of the following is not a method of prevention?

A)Deterrence
B)Treatment
C)Incapacitation
D)Just deserts

Answer 3

D

Question 4

Retribution is consistent with:

A)social contract theory.
B)universalism.
C)utilitarianism.
D)ethics of care.

Question 5

Atonement is most closely associated with the concept of:

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

Question 6

What are the two types of deterrence?

A)Specific and corporeal
B)Preventative and retroactive
C)General and specific
D)Temporal and corporeal

Question 7

The death penalty is an example of _______ deterrence.

A)restorative
B)general
C)specific
D)public

Question 8

Which would be defended by an incapacitative rationale, according to the text?

A)Mandatory psychotherapy
B)The death penalty
C)Three-strikes laws
D)Chemical castration

Question 9

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.

Question 10

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 11

The two concepts that the text cites as being a response to deviant behavior are:

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

Question 12

The Supreme Court case which defined "treatment" of offenders is:

A)Knecht v. Gillman.
B)Washington v. Harper.
C)Ewing v. California.
D)Lockyer v. Andrade.

Question 13

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 14

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 15

Prevention goals are consistent with:

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

Question 16

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 17

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 18

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 19

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

A)should intentionally inflict pain on offenders during their imprisonment.
B)must provide additional pain in order for offenders to be truly rehabilitated.
C)should focus its efforts in reducing harm and increasing rehabilitative programs.
D)should allow corporal punishment but not cause permanent harm.

Question 20

The two major justifications for punishment and treatment are:

A)vengeance and guilt.
B)retribution and prevention.
C)prevention and vengeance.
D)retribution and guilt.

Question 21

Which ethical system would only support punishment as a last resort?

A)Ethical formalism
B)Ethics of care
C)Relativism
D)Utilitarianism

Question 22

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)incapacitation.

Question 23

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. Correctional 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 24

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 25

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 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 26

Criticism of supermax 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 27

The ______ Amendment protects against cruel and unusual punishment.

A)Sixth
B)Seventh
C)Eighth
D)Fourteenth

Question 28

____________________ 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 29

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 30

What system of ethics supports a retributive view of punishment?

A)Ethical formalism
B)Ethics of care
C)Relativism
D)Utilitarianism

Question 31

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 32

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 60s 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 33

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. Correctional 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 34

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 35

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 36

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 37

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 38

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 39

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 40

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 41

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 42

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

Question 43

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

Question 44

The ethics of care is consistent with restorative justice.

Question 45

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

Question 46

Three-strikes laws are defended under a utilitarian rationale.

Question 47

General deterrence is consistent with ethical formalism.

Question 48

_______ defense of punishment starts with Kant's proposition that no one should be treated as a means.

Question 49

The Supreme Court has ruled that chemical castration is a violation of the Eighth Amendment.

Question 50

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 51

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

Question 52

More than 40 percent of state prison beds are managed by private companies.

Question 53

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 54

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 55

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 56

The correctional officer subculture has the same attitude about "ratting" as the inmates they monitor.

Question 57

The Supreme Court has ruled that it is unconstitutional to execute someone who committed his/her crime when he/she was under 18 years old.

Question 58

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

Question 59

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 60

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

Question 61

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 62

Explain the controversial issues surrounding the use of supermax prisons.

Question 63

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

Question 64

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

Question 65

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

Question 66

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 67

Analyze the ways in which the Eighth Amendment has been interpreted by the Supreme Court in relationship to punishment.

Question 68

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 69

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

Question 70

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

Question 71

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

Question 72

Define and describe the source and criticism of Rawlsian approach to punishment.

Question 73

One test of cruel and unusual punishment is whether it shocks the _________.

Question 74

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

Question 75

Define punishment and then discuss the major rationales of punishment.

Question 76

In _____________, the Supreme Court held that executing juvenile offenders would be cruel and unusual and would violate the Eighth Amendment.

Question 77

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

Question 78

Write a defense of sex-offender registries using both a retributive rationale and a utilitarian rationale.

Question 79

The idea that the ____________ misperceive the prevalence of a belief because of a vocal __________ is called pluralistic ignorance.

Question 80

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