Deck 5: Classical and Neoclassical Thought

Question 1

Common law was given considerable legitimacy upon the official declaration that it was the law of the land by the English king Edward the Confessor.

Answer 1

True

Question 2

The Magna Carta emphasized retribution.

Answer 2

False

Question 3

Advocates of selective incapacitation as a crime-prevention strategy point to studies that show the majority of crimes are perpetrated by a small number of hard-core repeat offenders.

Answer 3

True

Question 4

Since time began, humankind has been preoccupied with what appears to be an ongoing war between good and evil, as well as seeking interpretations of good and evil.

Question 5

Early Roman law derived from the Twelve Tables, which were written around 450 B.C.

Question 6

Mala prohibita offences are acts that are fundamentally wrong and subsequently are considered to be crimes in every jurisdiction.

Question 7

According to Cesare Beccaria, punishment should be used to prevent offenders from committing additional crimes.

Question 8

Mores and folkways have been codified into formal strictures created for law enforcement purposes

Question 9

The Classical School's principle of hedonism suggests that reward and punishment are the major determinants of choice.

Question 10

Jean-Jacques Rousseau suggested that man-made law changes over time.

Question 11

The lifestyle theory views criminal behaviour as a function of choices and decisions that are made within a context of situational constraints and opportunities.

Question 12

Common law forms the basis for much of our modern statutory and case law.

Question 13

Rational choice theories have been criticized for failing to consider the role of social factors in the causation of crime.

Question 14

Cesare Becarria was opposed to the use of torture.

Question 15

Hedonistic calculus or utilitarianism advocates that capital punishment is a very strong general deterrent and that individuals know this when they commit capital offences.

Question 16

Determinate sentencing is a criminal punishment strategy that mandates a specified and fixed amount of time to be served for every offence category.

Question 17

Displacement can be defined as a shift in criminal activity from one spatial location to another.

Question 18

The term natural rights refers to the rights that, according to natural law theorists, individuals retain in the face of government action and interests.

Question 19

The Magna Carta is an important source of modern Western laws and legal procedure.

Question 20

The Code of Hammurabi focused on retribution.

Question 21

According to the Classical School of criminological thought, certain key rights of individuals are inherent in the nature of things, and governments should contravene those rights in order to protect the sanctity and validity of the government's right to take away the rights of all individuals and any given point in time.

Question 22

Crime and deviance, according to ________, are similar to any other forms of human activity (i.e., the products of the exercise of free will).

A) common law
B) the Magna Carta
C) natural law
D) the Code of Hammurabi
E) the Classical school

Question 23

According to the Classical School of criminological thought, human beings are fundamentally rational, and most human behaviour is the result of free will coupled with rational choice.

Question 24

________ is the philosophical perspective that certain immutable laws are fundamental to human nature and can be readily ascertained through reason.

A) Folkway
B) Rationalism
C) Utilitarianism
D) Natural law
E) Enlightenment

Question 25

According to this legal philosopher, fear of violent death forces human beings into a social contract with one another to create a state that demands the surrender of certain natural rights and submission to the absolute authority of a sovereign state while offering protection and succour to its citizens.

A) John Locke
B) Charles Louis Montesquieu
C) Thomas Paine
D) Thomas Hobbes
E) Jean-Jacques Rousseau

Question 26

Which of the following is an example of a mala in se offence?

A) Assault
B) Prostitution
C) Drug use
D) Vagrancy
E) Assisted suicide

Question 27

According to ________ only democratic institutions could guarantee the natural rights of individuals.

A) Jean-Jacques Rousseau
B) John Locke
C) Thomas Paine
D) Thomas Hobbes
E) Jeremy Bentham

Question 28

The ________ was a social movement which arose during the eighteenth century and built upon ideas such as empiricism, rationality, free will, humanism, and natural law.

A) Code of Hammurabi
B) Classical school
C) Enlightenment
D) social contract
E) Magna Carta

Question 29

________ put forth the idea that the natural human condition at birth is akin to that of a blank slate upon which interpersonal encounters and other experiences indelibly inscribe the traits of personality.

A) Charles Louis Montesquieu
B) John Locke
C) Cesare Beccaria
D) Jean-Jacques Rousseau
E) Jeremy Bentham

Question 30

Mores, folkways, and laws were terms used by ________ near the start of the twentieth century to describe the three basic forms of behavioural strictures imposed by social groups upon their members.

A) Thomas Paine
B) Thomas Hobbes
C) William Graham Sumner
D) Jean-Jacques Rousseau
E) John Locke

Question 31

The panopticon was a prison design by __________________ that was to be a circular building with cells along the circumference, each clearly visble from a central location staffed by guards.

A) Thomas Paine
B) Cesare Beccaria
C) Jean-Jacques Rousseau
D) John Locke
E) Jeremy Bentham

Question 32

________ advocated the concept of a separation of powers between divisions of government, a notion that the Canadian parliamentary system is based upon to this very day.

A) Charles Louis Montesquieu
B) Jean-Jacques Rousseau
C) Jeremy Bentham
D) John Locke
E) Thomas Paine

Question 33

Geographic profiling is based on "mapping out" probabilities.

Question 34

According to the Classical School of criminological thought, society exists to provide benefits to individuals that they would not receive in isolation.

Question 35

The principle of punishment states that an accused should be presumed innocent until proven otherwise.

Question 36

________ is based upon the belief that behaviour holds value to any individual undertaking it according to the amount of pleasure or pain that it can be expected to produce for that person.

A) Retribution
B) The social contract
C) Natural law
D) Hedonistic calculus
E) Recidivism

Question 37

According to ________, human beings are basically good and fair in their natural state, but historically were corrupted by the introduction of shared concepts and joint activities such as property, agriculture, science, and commerce.

A) Jean-Jacques Rousseau
B) Charles Louis Montesquieu
C) Thomas Paine
D) Thomas Hobbes
E) John Locke

Question 38

According to the Classical School of criminological thought, when men and women band together for the protection offered by society, they increase significantly the benefits that accrue from living in isolation.

Question 39

The heritage left by the Classical school is still operative today in which of the following statements?

A) Society is made possible by individuals cooperating together.
B) An accused person should be presumed guilty until proven otherwise.
C) Retribution is the best justification for punishment.
D) Human behaviour is determined by social forces.
E) Punishment is ineffective in deterring criminal behaviour.

Question 40

To reduce crime, according to ________, the pain of crime commission must outweigh the pleasure to be derived from criminal activity.

A) William Graham Sumner
B) Robert Martinson
C) Jeremy Bentham
D) John Locke
E) Thomas Paine

Question 41

Justinian's code distinguished between ________.

A) mala in se and mala prohibita offences
B) public and private laws
C) the Twelve Tables and Common Law
D) trephination and retribution
E) retribution and rehabilitation

Question 42

In routine activities theory, an individual who effectively discourages crime is known as a ________.

A) motivated offender
B) unmotivated offender
C) defensible victim
D) suitable target
E) capable guardian

Question 43

The term ________________ tranlates into an act that is wrong only because it is prohibited.

A) due process
B) Mala prohibita
C) Mala in se
D) incapacitation
E) rehabilitation

Question 44

The crime prevention effort that focuses not on the people who commit crime but on the context in which crime occurs is known as ________________________.

A) due process
B) situational crime prevention
C) recidivism
D) specific deterrence
E) dangerousness

Question 45

The reduction in criminal opportunity for a particular location, generally through the use of physical barriers, architectural design, and enhanced security measures is known as ________.

A) situational choice theory
B) due-process principle
C) principle of rationality
D) target hardening
E) general deterrence

Question 46

Which of the following concepts is NOT included in capital punishment?

A) Retribution
B) Deterrence
C) Just deserts
D) Specific deterrence
E) Rehabilitation

Question 47

What is the difference between a mala in se offence and a mala prohibita offence ?

Question 48

During sentencing Judge Harvey states, "I am sentencing you to four years in the hopes that this sentence will keep you from committing another crime." Which sentencing goal is he following?

A) Specific deterrence
B) General deterrence
C) Just deserts
D) Recidivism
E) Displacement

Question 49

______________ is a social policy approach that looks to develop greater understanding of crime and more effective crime=prevention strategies through concern with the physical, organizational, and social environments that make crime possible.

A) Utilitarian treatise
B) Wentworth House
C) Situational crime prevention
D) Rubicon
E) Occularatron

Question 50

Jeremy Bentham believed that in order for punishment to be effective it must be "________."

A) strong and harsh
B) lengthy and ambiguous
C) imposed by a judge
D) quick and unpredictable
E) swift and certain

Question 51

According to Sherman's fourth paradigm of ___________________, individuals within the criminal justice system would control their emotions and would work with offenders and victims to bring about a reasonable resolution of the situation that would repair the harm caused by the crime.

A) deterrence
B) recidivism rate
C) natural rights
D) emotional intelligence
E) rehabilitation

Question 52

The _________________ is the percentage of convicted offendeers who have been released from prison and who are later rearrested for a new crime.

A) Law and order rate
B) Recidivism rate
C) Common law rate
D) hedonistic calculus rate
E) Capital punishment rate

Question 53

________ is a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality.

A) General Deterrence
B) Retribution
C) Specific deterrence
D) Recidivism
E) Rehabilitation

Question 54

Why do situational crime prevention advocates argue that studying the context of crime provides a promising alternative to traditional offender-based crime prevention policies?

Question 55

Provisions such as introducing legislation and/or sentencing patterns that lead to the removal from society of entire groups of individuals judged to be dangerous reflect the ________________ approach.

A) bio-behavioural
B) law-and-order
C) psychiatric deterrence
D) common law
E) incapacitation

Question 56

"An accused should be presumed innocent until proven otherwise, and an accused should not be subject to punishment prior to guilt being lawfully established." This principle is known as ______________.

A) rationality
B) hedonism
C) rational choice theory
D) due process
E) situational choice theory

Question 57

Rational choice theorists have been criticized for ________.

A) an overemphasis on individual choice
B) an under emphasis on individual choice
C) an overemphasis on the role of social factors in crime causation
D) an under emphasis on the role of social factors in crime causation
E) an overemphasis on the use of crime-mapping technology

Question 58

Capital punishment, the legal imposition of a sentence of death upon a convicted offender, is based on the notions of ________.

A) dangerousness, natural law, and utilitarianism
B) individual rights, retribution, and deterrence
C) deterrence, retribution, and dangerousness
D) individual rights, natural law, and deterrence
E) deterrence, retribution, and just deserts

Question 59

The cases of Guy Paul Morin and Steven Truscott are two examples of _______________.

A) Recidivism rate
B) Recidivism
C) Incapacitation
D) Retribution
E) Wrongful conviction

Question 60

List and elaborate upon the five principles of the heritage left by the Classical School.