Deck 3: Criminal Justice and Legal Philosophy

Question 1

The perspective that an individual holds about the role of law in society can have several implications. These include the following:

A) It can affect how an individual enforces the law or thinks it should be enforced.
B) It can affect how an individual actually behaves or thinks others should behave.
C) It can affect how an individual votes or advocates for policies and helps explain why there are sometimes differences that are difficult to reconcile on controversial policy issues.
D) All of the above.

Answer 1

D

Question 2

If individuals perceive that the law has failed, they may

A) Lose confidence in the legal system.
B) Support all laws.
C) Be happy with the legal system.
D) None of the above.

Answer 2

A

Question 3

When actually making the laws and determining what behaviors should or should not be punished under the law, legislators face a dilemma. What is the dilemma?

A) Making the public happy is difficult.
B) Should legislators consider morality when making laws or just be concerned if anyone is being harmed?
C) Should ethics be considered?
D) None of the above.

Answer 3

B

Question 4

There are six concepts of law, which provide a full understanding of the role law plays in society. What are they?

A) Making of law; determining law; writing law; reviewing of law; discerning law; previewing of law.
B) Foundation of law; rationale for law; formation of law; application of law; focal point of law; discretion in law.
C) Establishing law; formatting law; interpreting of law; believing law; transcribing law; applying law.
D) All of the above.

Question 5

Which of the following are in line with the beliefs of John Stuart Mill?

A) Society should be very concerned about morality.
B) The harm principle.
C) Individuality is not necessary to allow a society to progress.
D) All of the above.

Question 6

Devlin issued cautions in developing a morally driven legal code. Which of the following was his belief?

A) The law should focus only on those aspects of morality that meet the rather strict criteria.
B) Laws based on morality must be carefully considered and not made in haste.
C) When enforcing laws based on morality, law enforcement should respect the legal requirements for privacy.
D) All of the above.

Question 7

Which best describes Devlin's beliefs in relation to the foundation of law?

A) Harm to others is the foundation of law for Devlin.
B) The minority's belief is the foundation of law for Devlin.
C) Public morality is the foundation of law for Devlin.
D) All of the above.

Question 8

Which best describes Devlin's beliefs in relation to the rationale of law?

A) To preserve society by maintaining its morality.
B) To preserve society by dictatorship.
C) To give individuals their rights.
D) All of the above.

Question 9

Which best describes Devlin's beliefs in relation to the formation of law?

A) If an action causes harm, it is made illegal.
B) Those ideas of the highest ranking officials are formed into laws.
C) The legal moralist forms law by considering what the average person believes is morally offensive and then criminalizing it.
D) All of the above.

Question 10

Which best describes Devlin's beliefs in relation to the application of law?

A) Laws do not need to permit freedom.
B) Logical principles are used to ensure careful application.
C) Laws in general cause all people to always be virtuous.
D) All of the above.

Question 11

Which best describes Devlin's beliefs in relation to the focal point of law?

A) Punishment is key.
B) The means to the end is most important.
C) If society is preserved, then the law is successful.
D) All of the above.

Question 12

Which best describes Devlin's beliefs in relation to the discretion within the law?

A) One person's private moral judgments should not replace society's views of public morality.
B) There should be as much discretion as possible.
C) Public morality does not need to be considered.
D) All of the above.

Question 13

What are some differences between Devlin's and Hart's theories?

A) Devlin's approach is based on feelings.
B) Hart does not believe that society is threatened by acts that pose no harms, aside from being viewed as immoral.
C) There are no differences; the theories are compatible.
D) Both a and b.

Question 14

Hart believes

A) That Devlin's approach places no limits on lawmakers; if something is viewed as immoral, it can (and to Devlin, must) be made illegal.
B) He is opposed to morality.
C) That morality is not sufficient reason to enact law, even if the majority is morally opposed to a practice.
D) Both a and c.

Question 15

Consider the example of cursing. What types of questions would Hart want to be answered before making cursing illegal?

A) What harm does cursing actually cause?
B) Is cursing immoral?
C) Do most people consider cursing immoral?
D) All of the above.

Question 16

Which best describes Hart's beliefs in relation to the focal point of law?

A) If the law follows its own rules, then it is successful.
B) If society is preserved, then the law is successful.
C) Morality is key.
D) All of the above.

Question 17

Which best describes Hart's beliefs in relation to the discretion within the law?

A) There is no discretion within the law.
B) One person's private moral judgments should not replace society's views of public morality.
C) Discretion is inevitable and can strengthen the system.
D) All of the above.

Question 18

Which best describes Hart's beliefs in relation to the application of law?

A) Logical principles are used to ensure careful application.
B) Professionals may reach different conclusions based on imperfect data.
C) All professionals need to agree.
D) All of the above.

Question 19

Which best describes Hart's beliefs in relation to the rationale of law?

A) The values of society are of utmost importance.
B) To preserve society by maintaining its morality.
C) Individual needs are valued, even if scorned by society.
D) All of the above.

Question 20

Proponents of critical theory believe

A) Throughout American history, laws have been created by those with wealth and power to maintain their interests.
B) The interests of those with power differ from the interests of those without power.
C) The motives and hidden meanings of the law should be questioned to determine whether they marginalize and dehumanize those without power.
D) All of the above.

Question 21

Critical legal theorists have undertaken two distinct but related tasks. They are

A) To agree with current laws and support them.
B) To be critical of the status quo and to remedy problems they have identified in the law.
C) To have laws be based on morality and to promote moral values.
D) All of the above.

Question 22

In critical theory, the morality that they draw upon is precisely focused, exploring issues related to the values of

A) Justice, fairness, and equality for all persons.
B) Religious freedom, happiness, and liberty.
C) Freedom of speech, equal opportunity, and safety.
D) Pursuit of happiness, equality, and peace.

Question 23

A woman needs an antibiotic for a sinus infection. The law states that she needs to see a doctor and receive a prescription for the antibiotic. How would legal paternalists feel about this law?

A) Legal paternalists would argue that this law invades a person's individual freedoms to decide for themselves which medications they need.
B) Legal paternalists would say that the law is not strict enough and the medication should be distributed to people on a daily basis, pill by pill.
C) Legal paternalists would answer that the law should protect people this way because individuals might not know the proper uses and side effects.
D) All of the above.

Question 24

Consider whether motorcycle riders should be required to wear helmets. How would a weak paternalistic respond?

A) With a state-funded media campaign alerting drivers of the risks, with the hope that it would increase their awareness to ensure that a choice not to wear a helmet was made voluntarily and with full information.
B) They would not respond. Each rider should be allowed to make his or her own choice.
C) They would study the data to decide whether action needed to be taken.
D) None of the above.

Question 25

Legal realists give their primary focus to the decision-making processes of the

A) Law enforcement agencies.
B) Courts.
C) Lawyers.
D) Police.

Question 26

What is a successful law to the legal realist?

A) A successful law determines the morality or immorality of an offense.
B) A successful law agrees with what the majority of society believes.
C) A successful law is one that (through the interpretative actions of criminal justice professionals) provides a meaningful answer to the victim of the crime, to the offender, and to society.
D) A successful law prohibits harm from occurring.

Question 27

Most sentencing guidelines work by two factors:

A) An offender's prior record and the seriousness of the crime committed.
B) The amount of rehab an offender has attended and how long since he committed a crime.
C) The type of crime and the age of the offender.
D) The weapons involved and the background of the offender.

Question 28

Which best describes legal realism's beliefs in relation to the foundation of law?

A) Morality should be the sole basis for the law.
B) Morality should be a main consideration for the law.
C) Do not consider morality at all in reference to laws.
D) Morality need not be the basis for law, but realists do not focus on foundations.

Question 29

Which best describes legal realism's primary focus?

A) Decision making of the courts create laws.
B) The moral opinion of society is all that matters.
C) Individual rights are of supreme importance.
D) All of the above.

Question 30

Which best describes legal realism's beliefs in relation to the foundation of law?

A) Based on study and analysis of what behaviors are risky.
B) Legal realists do not claim that the law has a specific foundation.
C) If an action causes harm, it is made illegal.
D) All of the above.

Question 31

Which best describes legal realism's beliefs in relation to the application of law?

A) It is important that laws are written precisely, so there is not room for misinterpretation.
B) Law must be applied to all persons, as written, to minimize risks of harm.
C) The law as written is not always clear or applicable and must be interpreted through discretion and independence.
D) All of the above.

Question 32

According to a legal realist, when making a law what question should be asked?

A) Who are the important decision makers in the legal system?
B) How should those who cause harm be stopped?
C) How can social morality be protected?
D) Does the law make society a better place to live by solving problems?

Question 33

Which best describes legal realism's beliefs in relation to the discretion within the law?

A) Professionals must follow the law exactly as it is written.
B) Professionals make judgments to give law meaning.
C) It is morally wrong to pick and choose who to protect through enforcement of law.
D) None of the above.

Question 34

Which best describes critical legal theory's beliefs about the creation of law?

A) The law was created by powerful individuals to help them remain in power.
B) Those in power know what is best for society.
C) Morality should not be considered when laws are developed.
D) Morality should be the sole basis of law.

Question 35

Critical legal theorist fit into which framework?

A) Idealism.
B) Pragmatism.
C) Protect individuals with an emphasis on justice, fairness, and equality.
D) Those in power should decide matters of importance.

Question 36

Which best describes legal paternalism's beliefs in relation to the formation of law?

A) Analyzes the immediate situation under review.
B) If an action causes harm, it is made illegal.
C) Society's view is most important.
D) Based on study and analysis of what behaviors are risky or may cause harm.

Question 37

Which best describes legal paternalism's beliefs in relation to the application of law?

A) Law must be applied to all persons, as written, to minimize risks of harm.
B) The law as written is not always clear or applicable and must be interpreted.
C) It is important that laws are written precisely, so there is not room for misinterpretation.
D) None of the above.

Question 38

Which best describes interpretative jurisprudence's position regarding the role of morality?

A) Moral considerations cannot be ignored.
B) The primary focus is on the identification of a common morality.
C) While there are differences in how morality is defined, interpretive jurisprudence shares an idealist emphasis.
D) All of the above.

Question 39

Idealistic theories of law tend to share which of the following common ideas?

A) A systematic method is used to develop a legal system based on beliefs held as truths without empirical evidence.
B) Legal decisions draw upon history and tradition, attempting to reflect long-held understandings of the truth.
C) Legal idealism competes with other legal theories and proponents of the theory work to demonstrate its superiority over other theories.
D) All of the above.

Question 40

In idealistic theories of law, laws that do not correspond to the standards of public morality and that do not work to create and serve a moral society are viewed as

A) Invalid.
B) Perfect.
C) Special.
D) Fine.

Question 41

Debates grounded in idealistic and pragmatic thought do not influence perceptions about the law.

Question 42

In reality, there is not uniform agreement about the role of law in society, and individuals may reflect on multiple legal philosophies when making a decision pertaining to law.

Question 43

To Patrick Devlin, religion and morality were linked because he believed that morality must be the basis for law and that religion must be the basis for morality.

Question 44

Devlin believed that private behavior could not violate the public morality.

Question 45

To Devlin, a shared public morality was the bedrock of any society, and without this moral bedrock, the society would collapse.

Question 46

John Stuart Mill argued that society should only concern itself with those actions that pose a direct harm to others.

Question 47

Devlin's theory is idealist.

Question 48

The legal moralist would discourage discretion, instead arguing that criminal justice practitioners should follow the public morality underlying the law, rather than replacing it with their own individual views of morality.

Question 49

Idealists do not perceive the law as a means of enforcing a broad vision of how society ought to be structured.

Question 50

The legal moralist discourages the use of discretion, although understands at times it may be necessary.

Question 51

H. L. A. Hart's beliefs draw upon the pragmatic tradition.

Question 52

Hart is an idealist because truth, harmony, and morality play little role in his theory.

Question 53

Hart identified five criteria for law that further illustrate the theory of legal positivism.

Question 54

Hart's main concern with Devlin's approach is that it places no limits on lawmakers; if something is viewed as immoral, it can (and to Devlin, must) be made illegal.

Question 55

Hart was not opposed to morality, but simply found morality, by itself, to be an insufficient reason for enacting a law.

Question 56

In legal moralism, law is made because it is simply following the natural principles, design, order, or intent of the universe.

Question 57

Dworkin argues that there is a correct answer even to the most difficult of legal problems and it is the obligation of a judge to strive for identifying that right answer through a careful interpretation of legal materials.

Question 58

It seems that critical theory fits more neatly in an idealistic framework than in a pragmatic framework, although there is some degree of overlap.

Question 59

Critical legal theory is not controversial.

Question 60

Legal realists give their primary focus to the decision-making processes of the courts because they believe that the courts actually create law through their accumulated decisions.

Question 61

As the legal realists suggest, the law is what the judges interpret it to be, and different judges may reach different interpretations.

Question 62

The law, in addition to being an activity, is shaped by a multitude of individuals and the responsibility for the law ultimately lies with all people in a democratic society.

Question 63

Judges never utilize sentencing guideline tables when deciding the appropriate punishment for an offender.

Question 64

Legal naturalism most closely reflects legal moralism, not legal positivism.

Question 65

Rights and interpretive jurisprudence most closely reflect legal positivism, not legal moralism.

Question 66

Everyday pragmatism most closely reflects legal moralism, not legal positivism.

Question 67

Legal realism most closely reflects legal positivism, not legal moralism.

Question 68

Legal paternalism most closely reflects legal moralism, not legal positivism.

Question 69

Critical theories of law most closely reflect legal positivism, not legal moralism.

Question 70

A legal principle is a philosophical proposition that establishes a criterion to use in determining whether an act should be prohibited.

Question 71

Proponents of legal naturalism do not believe in the concept of natural law.

Question 72

The protection of rights is important to Dworkin, and he believes that society should take rights seriously.

Question 73

Under the philosophy of legal paternalism, the government can pass laws to protect individuals from self-inflicted harm.

Question 74

The challenge for the paternalist is to determine which behaviors are sufficiently risky to need regulation.

Question 75

Legal naturalists would prefer to see the law based on empirical evidence rather than grand concepts such as morality.

Question 76

The attitudinal model was developed by the political scientists Jeffrey Segal and Harold Spaeth to explain Supreme Court behavior.

Question 77

When the Supreme Court decides a case, it issues a majority opinion that becomes the law of the land.

Question 78

Supreme Court justices who disagree with the majority can write a dissenting opinion, which does not become law, but serves as a statement of a justice's beliefs.

Question 79

Unlike idealists, legal realists do not claim that the law has a specific foundation.

Question 80

Richard Posner argues that the pragmatism of everyday people has become the basis of the law.