Deck 6: The Purpose of Criminal Punishment

Question 1

The belief that punishment should inflict the same on offenders as the offenders have inflicted on their victims is ______.

A)Lex lionitus
B)Lex linurta
C)Lex talionitis
D)Lex talionis

Answer 1

D

Question 2

In which of the following studies do researchers look for negative associations between crime rates and punishment levels that can be interpreted as having a deterrent effect?

A)interrupted time-series studies
B)ecological studies
C)perceptual studies
D)socioeconomic studies

Answer 2

B

Question 3

Which theory of punishment follows lex talionis?

A)Retribution
B)Deterrence
C)Incapacitation
D)Rehabilitation

Answer 3

A

Question 4

Which of the following would not be a belief of a retributivist?

A)Punishing some innocent people is a price of general deterrence.
B)Offenders are paying a debt to society.
C)Offenders have taken unfair advantage of others.
D)Punishment is a censure of offenders.

Question 5

It is not enough to establish a legal justification for punishment; society must also establish the ______ justification for it.

A)cost-benefit
B)public
C)moral
D)historical

Question 6

Past oriented theories are often referred to as ______.

A)utilitarian
B)contingent
C)retributivist
D)overt

Question 7

Utilitarian and retributive theories of punishment differ primarily in their ______.

A)perspective,as being forward-looking (future)or backward-looking past)
B)emphasis on severity of punishment
C)micro- or macro-level approach
D)ability to justify the stated purposes of punishment

Question 8

With regard to deterrence,the author of the text concludes that overall ______.

A)the evidence shows that individual deterrence works but general deterrence does not
B)the evidence shows that general deterrence works but individual deterrence does not
C)neither form of deterrence has any significant effect on crime
D)there is little agreement among researchers about whether general deterrence works

Question 9

Theories that set the goal of punishment as the prevention of future crime are derived from ______ philosophy.

A)utilitarian
B)Draconian
C)retributivist
D)just deserts

Question 10

In which of the following studies does the data come from surveys?

A)interrupted time-series studies
B)ecological studies
C)perceptual studies
D)socioeconomic studies

Question 11

Legislation that imposes penalties for specific offenses in the belief that those penalties will deter or prevent persons from committing those offenses is a form of ______ deterrence.

A)specific
B)general
C)individual
D)retributive

Question 12

Cesare Becarria took a similar position to that of ______.

A)Jeremy Bentham
B)John Locke
C)John Rawls
D)Aristotle

Question 13

Punishment consists of which of the following elements?

A)It must involve an unpleasantness for the offender.
B)It must be for an offense.
C)It must be imposed by law enforcement before the offender goes to court.
D)It must be deserved.

Question 14

Theories of crime which focus on preventing crime in the future are termed ______.

A)utilitarian
B)contingent
C)retributivist
D)overt

Question 15

The two justifications for punishment which assume that offenders deserve to be punished are ______.

A)incapacitation and rehabilitation
B)retribution and just deserts
C)individual and general deterrence
D)incapacitation and just deserts

Question 16

The theory of punishment that assumes that people will refrain from crime because of fear of punishment is ______.

A)retribution
B)incapacitation
C)just deserts
D)deterrence

Question 17

There is little agreement among researchers that punishment has a ______ effect.

A)retributive
B)rehabilitative
C)restorative
D)deterrent

Question 18

Which position does not allow for social change or social conditions?

A)consensus
B)retributivist
C)vengeance
D)deterrent

Question 19

Individual (or specific)deterrence seeks to ______.

A)deter potential offenders from crime.
B)deter the individual punished.
C)deter both the individual and the public
D)control crime by keeping criminals out of society

Question 20

Jeremy Bentham and Cesare Beccaria supported the ______ theory of punishment.

A)rehabilitation
B)incapacitation
C)just deserts
D)deterrence

Question 21

During which decade did criminologists reconsider the idea of retribution and advance new formations beyond the general thought of retribution as vengeance?

A)1950s
B)1960s
C)1970s
D)1980s

Question 22

Sentencing guidelines were prompted by the growing interest in ______ theory.

A)retribution
B)utilitarian
C)incapacitation
D)just deserts

Question 23

The notion of incapacitation is reflected in such punishment policies as ______.

A)three-strikes legislation
B)mandatory minimum sentences
C)truth in sentencing
D)all of these

Question 24

The article that contributed to the demise of rehabilitation argued that "______".

A)rehabilitation is faulty
B)nothing works
C)rehabilitation programs are ineffective
D)retribution prevents more crime

Question 25

Which of the following is true of punishment?

A)It is a conventional device.
B)It has a symbolic significance largely missing from other kinds of penalties.
C)It expresses more than disapproval.
D)all of these

Question 26

Which of the following is not a problem inherent in incapacitative sentencing:

A)It works only if we lock up those who would have committed further offenses if they had been left free.
B)It works only if those we lock up are not immediately replaced by new recruits.
C)It works only if we fix offenders while we lock them up.
D)It works only if the crimes committed after release are not so frequent or serious so as to negate the effects of the crimes prevented through incapacitative sentencing.

Question 27

The justification for punishment based on turning the offender into a law-abiding person is called ______.

A)incapacitation
B)deterrence
C)rehabilitation
D)just deserts

Question 28

______ believe that wrongdoers deserve to be punished and that punishment imposed should be in proportion to the wrongdoing the offender committed.

A)Deterrence theorists
B)Rehabilitationists
C)Retributivists
D)Restorative justice proponents

Question 29

Placing offenders in custody or executing them so they will not offend again involves the theory of ______.

A)incapacitation
B)deterrence
C)rehabilitation
D)just deserts

Question 30

Which of the following is a problem with communicative theory?

A)It should appeal to a person's rational understanding.
B)It should provide reconciliation with the community.
C)An unrepentant offender.
D)An offender charged with felonies.

Question 31

Which theory of punishment is most likely to be effective for dealing with "career criminals"?

A)retribution
B)rehabilitation
C)incapacitation
D)deterrence

Question 32

Rehabilitation argues for which type of sentences.

A)Consecutive
B)Fixed
C)Determinate
D)Indeterminate

Question 33

Unfair advantage theory focuses on ______.

A)offenders who have taken advantage of others in society
B)those offenders who need to be punished
C)focuses on those who need to be "fixed"
D)none of these

Question 34

One approach to rehabilitation argues that when possible,punishment should preserve opportunities for improving inmates' rational character and developing their virtue.Which inmate rehabilitation programs reflect this rehabilitative approach?

A)drug and substance abuse treatment programs
B)anger management programs
C)sex offender treatment programs
D)all of these

Question 35

Which of the following is not a criteria for the framework of just punishment discussed by Steffen (2012)?

A)The motivation for punishment must be vengeance.
B)Punishment should restore a "value equilibrium" distorted and disturbed by the wrongdoing.
C)Punishments should not be cruel and should be the least harsh sentence.
D)The punishment and sentence must be properly authorized.

Question 36

The demise of rehabilitation began during which decade?

A)1950s
B)1960s
C)1970s
D)1980s

Question 37

Denouncing criminals can also be referred to as ______.

A)empathizing with the victim
B)vengeance
C)alienation
D)all of these

Question 38

Which of the following is not a criticism of just deserts theory?

A)It lacks any principle that determines a properly commensurate sentence.
B)It fails to account for the problem of just deserts in an unjust world.
C)It fails to take account of the fact that there are multiple discretions involved in the sentencing power.
D)It provides closure to victims.

Question 39

Which of the following is true of censure?

A)It is an important component to deterrence thinking.
B)It is simply holding offenders accountable for their conduct.
C)It is connoted by rehabilitation.
D)It will never have a deterrent effect.

Question 40

Which theory argues that we should rehabilitate criminals because it is just to do so and because each person possesses moral worth?

A)Denunciation theory
B)Deterrence theory
C)Deontological theory
D)Restorative theory

Question 41

Durkheim took a/an ______ approach by examining aspects of social life in terms of the functions they perform in society.

A)deterrent
B)functionalist
C)analytic
D)collective

Question 42

Restorative justice is not concerned with,and does not involve,rehabilitation.

Question 43

One criticism of restorative justice is that it is too ready to assume that agreement or reconciliation of the offender,victim and community are possible.

Question 44

The newest theory of punishment is restorative justice.

Question 45

Which of the following is not one of the core principles of restorative justice discussed by Van Ness and Strong (1997)?

A)Justice requires healing of victims,offenders and communities injured by the crime.
B)All victims of crime can benefit from restorative justice.
C)Victims,offenders,and communities should be permitted to actively involve themselves in the justice process in a timely and substantial manner.
D)Roles and responsibilities of the government should be rethought,and in its promotion of justice,government should be responsible for preserving a just order,and the community should be responsible for establishing peace.

Question 46

The principle of ______ argues that the conditions offenders will experience in prison must be worse than anything they are likely to endure outside the prison.

A)punishment
B)less eligibility
C)disadvantage
D)imprisonment

Question 47

Emile Durkheim viewed punishment as promoting social ______ through an affirmation of values,and its expression of outrage upon the commission of an offense.

A)discord
B)solidarity
C)harmony
D)equality

Question 48

How did the Corrective Education Company run afoul of the law while conducting their privately-operated retail theft diversion program in California?

A)They offered shoplifters an alternative to having a criminal record.
B)They offered shoplifters no actual choice and a program agreement amounting to extortion.
C)They showed videos explaining the downside of having a criminal record.
D)They failed to retrieve fees from 45% of the offenders who signed up.

Question 49

The theory of punishment closest to retribution is just deserts.

Question 50

Rusche and Kircheimer (1939)take a Marxist approach and argue that the severity of punishment is directly proportional to ______.

A)the availability of capital
B)economic crises
C)the availability of labor
D)contradictions in capitalism

Question 51

Restorative justice focuses on ______.

A)the offender
B)the victim
C)the community
D)all of these

Question 52

Under ______,proponents of restorative justice envisage offenders would undergo therapy,counseling,or training during their time in custody in a restorative prison.

A)rehabilitative detention
B)restorative detention
C)punishment rationality
D)bureaucratic rationality

Question 53

Rehabilitation theory is consistent with the indeterminate sentence.

Question 54

Theories of punishment which focus on preventing crime in the future are termed "retributivist."

Question 55

The theory of punishment that attempts to repair or heal the offender,victim and community is termed ______.

A)just deserts
B)rehabilitation
C)retribution
D)restorative justice

Question 56

Durkheim theorized that the main purposes of punishment were to ______.

A)affirm social values and promote social solidarity
B)punish the offender and compensate the victim
C)deter the offender and the general public
D)rehabilitate the offender and protect society

Question 57

Proponents of restorative justice generally general reject the paradigm.

A)Deterrence
B)Rehabilitation
C)Punishment
D)Just deserts

Question 58

Retribution and revenge are identical in all aspects.

Question 59

Sociological perspectives on punishment include the thinking of ______.

A)Emile Durkheim
B)Max Weber
C)Michael Foucault
D)all of these

Question 60

Restorative justice is the justification for punishment that most explicitly provides a role for the victim in the punishment process.

Question 61

Which theory of punishment holds that punishment should be aimed at reforming the offender?

Question 62

What is the main criticism of restorative justice?

Question 63

Who/what are the three parties/entities involved in the restorative justice process?

Question 64

The death penalty is consistent with rehabilitation.

Question 65

Retribution is sometimes exemplified by the saying "an eye for an eye and a ______.

Question 66

In Gregg v.Georgia and Furman v.Georgia,the U.S.Supreme Court stated that retribution is a ______ theory of punishment.

Question 67

Name two pre-twentieth century advocates of deterrence theory.

Question 68

The type of deterrence that involves punishing an individual to deter others is called _______.

Question 69

Indeterminate sentences are consistent with rehabilitation.Briefly define "indeterminate sentence."

Question 70

Which theory of punishment believes that punishment is justified because it is deserved?