Deck 1: Perpetuating the Class System: The Development of Criminal Law

Question 1

The gap between the very rich and the rest of the population can best be described as follows:

A) The gini index of inequality has decreased during the past 20 years.
B) The gini index of inequality has increased during the past 20 years.
C) The top wealthholders have seen their share of the total wealth decline during the past 20 years.
D) There are fewer poor people today than 20 years ago.

Answer 1

B

Question 2

From a consensus/pluralist perspective, the law:

A) Helps to maintain "social order."
B) Reflects a more or less universal consensus on what is or is not "proper" behavior.
C) Protects public, not private interests.
D) All of the above
E) a and b only

Answer 2

D

Question 3

The main difference between the Instrumentalist Perspective and the Structuralist Perspective is that:

A) The former argues that the "state" has some relative autonomy.
B) The latter suggests that the "ruling class" dominates the entire structure of society and therefore the legal system, since it is part of that structure.
C) The former perspective suggests that the "state" is a method whereby the ruling class rules.
D) The latter says that since structural factors determine crime, they also determine law.
E) None of the above.

Answer 3

C

Question 4

Quinney's Social Reality of Crime model is based upon a society that is:

A) Singular
B) Segmented
C) Fragmented
D) Meaningless
E) Purposeful

Question 5

Recent polls suggest that most American citizens believe that the economic system is quite fair to people like themselves.

Question 6

Critical thinking involves:

A) Being able to confront others about their problems
B) Being able to think negatively, through oppositions
C) Being able to ask "why"
D) Being able to dig beneath everyday assumptions
E) All except a

Question 7

Prohibition and various laws against drugs have tended to target the most powerless segments of the society.

Question 8

The "conflict" model of law is based upon a view of society as singular.

Question 9

From the consensus/pluralist perspective, the criminal law:

A) Makes official what are common norms or rules of everyday behavior.
B) Reflects the "social consciousness of a society" and the kind of behavior a community universally condemns.
C) Functions to achieve "social equilibrium" or to maintain "order."
D) Is a form of "social engineering."
E) All of the above

Question 10

The "interest group" or "conflict" model of the law argues that the criminal law:

A) Incorporates the interests of some groups and not others.
B) Defines behaviors that all would argue are harmful.
C) Establishes a system of punishment that most people, except for a few special interest groups, can live with.
D) Is the result of internal conflict that translates into statutes that all come to agree with.
E) All of the above.

Question 11

Quinney's theory of the Social Reality of Crime includes which of the following key concepts?

A) Power
B) Procedures
C) Substantive law
D) Regulation
E) Criminal justice system

Question 12

The sociological imagination, as noted by C. Wright Mills, means that one needs to

A) Distinguish between "personal troubles" and "public issues"
B) Distinguish between "community issues" and "national issues"
C) Distinguish between "personality" and "social structure"
D) Look for answers to society's problems by examining the personal characteristics of individuals

Question 13

Quinney's Social Reality of Crime assumes that power and process are important concepts.

Question 14

The pyrrhic defeat theory means that:

A) The defense loses despite overwhelming evidence that the defendant is innocent.
B) The prosecution loses despite overwhelming evidence that the defendant is guilty.
C) The failure of the criminal justice system benefits those in power.
D) Someone has won the war, even though a specific battle has been lost.

Question 15

The "consensus" model of law is based upon a view of society as segmental.

Question 16

The Marxist/critical model of law is based upon the idea that we need to live under the "rule of law" in order to be safe from crime.

Question 17

The term social justice refers to:

A) People getting everything they want in life.
B) Creating a society based on "market" principles.
C) Creating a society based on cooperative relations.
D) Seeing that "justice" is socialized on the local level.
E) a and b only

Question 18

The consensus model of the law maintains that:

A) The law represents the "will of the people"
B) The law reflects the interests of powerful people
C) The law helps to perpetuate a capitalist system
D) None of the above

Question 19

The term "dangerous classes" refers to:

A) Marx's term lumpenproletariat
B) Marx's term relative surplus population
C) The "underclass" or "rabble"
D) All of these have been used to refer to the same phenomenon
E) a and c only

Question 20

It has been estimated that the annual costs of white collar and corporate crime are about:

A) $50 billion
B) $100 billion
C) $3-$4 billion
D) $1.5 trillion
E) $200 billion

Question 21

Distinguish between the "instrumentalist" and "structuralist" variations of the Marxist/critical model of law.

Question 22

In ancient societies:

A) A harm was considered an act committed against an individual or family.
B) A harm was considered an act committed against the state.
C) The initiation of a criminal case depended upon the initiative of the person wronged or, if he had been killed, by his family or kin folk.
D) a and c only

Question 23

The "sociological imagination" refers to an attempt to grasp history and biography and the relations between the two within society.

Question 24

Who was most likely to be punished during the Salem witchcraft craze?

A) women
B) children
C) adult males
D) slaves
E) immigrants

Question 25

The Puritans of Massachusetts Bay colony, in their effort to establish a righteous community of believers had little tolerance for different religious beliefs. In the mid 1650s which religious group did the Puritans persecute?

A) Jews
B) Catholics
C) Mormons
D) Quakers

Question 26

Which list of traits is indicative of State law?

A) A
B) B

Question 27

The legislative branch of government performs which function?

A) It defines what behaviors are to be prohibited by the criminal law and how the violations are to be punished.
B) It interprets laws and determines whether or not they are constitutionally valid.
C) It creates the official response in terms of agencies, personnel and the like.
D) All of the above.

Question 28

The author argues that you cannot have equal justice in an unequal society. What does he mean by this? Is this argument valid?

Question 29

After the American Revolution the major concern of those in power seemed to center around:

A) riots and disorders
B) robberies
C) prostitution
D) witchcraft

Question 30

The Puritans of Massachusetts Bay injected a strong dose of the Old Testament into the English common law heritage. The puritans cited ___________ authority for each crime and punishment.

A) The King's
B) Common Law
C) Biblical
D) Constitutional

Question 31

From a "social justice" perspective we need to eliminate such systemic problems as poverty, racism, sexism and class inequality which generates most of the crime we experience.

Question 32

Which list of traits is indicative of Tribal law?

A) A
B) B

Question 33

What is meant by the term "rule of law"? Why do you think this is used so often by politicians and other leaders?

Question 34

The Law of the Twelve Tables was:

A) The codification of Roman "customary law."
B) A "bill of rights" granted to common folk in ancient societies.
C) A group of laws originally passed in 18th century New England.
D) A special code passed in France during the reign of Napoleon Bonaparte.

Question 35

Which term best describes a system where land is held by a landlord who grants individuals (peasants) the right to live and work the land as tenant and sometimes perform military service?

A) Feudalism
B) Communism
C) Socialism
D) Nationalism
E) Cannibalism The emergence of criminal law in England did not occur in a vacuum. Rather it emerged in the context of larger structural changes in economic and political institutions. It reflected a shift from feudalism to nationalism. A new legal system emerged as well. Specifically there was a transition from Tribal law to State law. The following lists are indicative of Tribal or State law. A B Territorial ties Blood ties Individual responsibility Collective responsibility State as unit of justice Family as a unit of justice Punishment Feud or Compensation

Question 36

Critically evaluate the consensus, conflict and Marxist/critical models of the law.

Question 37

Critics of the "instrumentalist" position on the state argue that it exaggerates the cohesiveness of the ruling class and its use of the legal order. Short answer/essay questions.

Question 38

Describe in some detail Quinney's theory of the Social Reality of Crime? Outline some of the underlying assumptions of this view, along with some key concepts.

Question 39

Criminal law, as we understand the term today, developed only when the idea of "private vengeance" was replaced by the notion that the entire community was also victimized. From the following list, which points directly apply to what we are describing? (1) "an offense against an individual is also an offense against the public order and the state." (2) "the methods of punishment shall be administered by the state and not solely by the victim." (3) "the protection the law provides theoretically should apply to all citizens, not just particular groups."

A) 1 only
B) 1 and 2 only
C) 1 and 3 only
D) 2 and 3 only
E) 1 and 2 and 3

Question 40

The term "ideology" generally refers to the rationale for the current social order.

Question 41

When William the Conqueror took over England he proceeded to do which of the following?

A) Unify England and declare himself the supreme "landlord" of the country.
B) Separated the lay and ecclesiastical (church) courts.
C) Sent his own judges into the different sections of the country to enforce the law.
D) All of the above

Question 42

The term jus gentium refers to:

A) A form of "natural law" or a law that theoretically protected all the people in Roman times.
B) The idea that all are equal before the law.
C) Justice is reserved for gentlemen only.
D) Justice shall be administered in a gentle manner by wise judges.

Question 43

The Supreme Court case of Plessy v. Ferguson concerned:

A) Treaties with Native Americans.
B) Restriction of Chinese Americans.
C) The doctrine of "separate but equal."
D) The doctrine of "White Man's Burden."

Question 44

The Tramp Acts represent an example of the "consensus" model of the law.

Question 45

Among the methods used to legitimate the dominance of a ruling class include:

A) The use of the law as a form of ideology.
B) The use of a jury of one's peers.
C) The use of religion.
D) All of the above

Question 46

In the 1980s Congress passed legislation that distinguished between:

A) Marijuana and hashish.
B) So-called "hard drugs" and "soft drugs."
C) Crack and powder cocaine.
D) Heroin in both liquid and powered form.

Question 47

The Carrier case of 1473 resulted in a new interpretation of the law of theft.

Question 48

Following the American Revolution, the focus of the criminal law shifted to mostly the enforcement of morality.

Question 49

Legislation concerning crack cocaine ended up targeting which of the following groups?

A) College students.
B) Hippies.
C) African-Americans.
D) Native-Americans.
E) Poor whites

Question 50

Under William the Conqueror a new group of government officials were used to handle disputes. These officials came to be known as:

A) Court juries
B) Grand juries.
C) Petit juries
D) Justices of the peace
E) Appellate court judges.

Question 51

The Carrier Case of 1473 represents:

A) The law of vagrancy.
B) The law of theft.
C) Laws concerning feudal rights and obligations
D) Labor law
E) None of the above

Question 52

Vagrancy laws have been used to:

A) Regulate the mobility of laborers.
B) Secure a steady supply of cheap labor
C) Control the rogues, vagabonds and other criminals
D) All of the above

Question 53

The Johnson-Reed Act of 1924:

A) Restricted immigration for all foreigners.
B) Established quotas for certain immigrant groups.
C) Restricted immigration of Japanese people only.
D) Curtailed the mobility of African-Americans.

Question 54

Under Tribal law, offenses are punished by the state.

Question 55

The Harrison Act of 1914 is significant because it:

A) Made it illegal to trade in opium or its derivatives.
B) Legalized the possession of marijuana.
C) Made the possession of marijuana illegal.
D) Restricted the importation of marijuana.

Question 56

The handling of deviance in acephalous societies was done usually through each of the following ways except:

A) Blood revenge.
B) Retribution
C) Restitution
D) Imprisonment

Question 57

Under Tribal law, responsibility lies with:

A) Collectivities
B) Individuals
C) The church
D) The state

Question 58

The "Statutes of Laborers" was an earlier version of vagrancy laws.

Question 59

Acephalous societies are societies characterized by:

A) Ancient laws taken from the Koran.
B) A government ruled by monarchs.
C) No "state" or identifiable ruler.
D) A strong centralized government of wise men.

Question 60

The emergence of criminal law in England paralleled the:

A) Emergence of the concept of mens rea.
B) Idea that the state was transgressed against.
C) Emergence of the concept of crime.
D) All of the above
E) b and c only

Question 61

The ultimate source of the feudal system was "the act of homage" between two men, one the stronger (the lord) and the other the weaker (the vassal).

Question 62

The roots of our modern criminal justice system can be traced only as far back as the time of William the Conqueror (11th century).

Question 63

Describe how the ruling class of England used "justice," "mercy," and "majesty' to help solidify their rule.

Question 64

Acephalous societies are societies with no identifiable ruler or centralized state.

Question 65

One of the themes of this chapter is that the law favors the rich and the powerful. Why is this the case?

Question 66

In what ways have anti-drug legislation reflected a class and racial bias? Give some specific examples.

Question 67

During the 1980s when "crack" legislation first began, more than 25% of American citizens were using this drug on a daily basis. Essays/short answer questions.

Question 68

The Law of the Twelve Tables guaranteed human rights for all Roman citizens.

Question 69

Write a short essay describing the most recent drug legislation as being the product of a "moral panic" (define the term "moral panic").

Question 70

Throughout the colonial period, concern for public order was generally deemed more important than individual rights.

Question 71

During colonial times, the death penalty was frequently imposed but actually rarely carried out.

Question 72

The Comprehensive Drug Abuse and Prevention Act of 1970 decriminalized marijuana.

Question 73

The most common method of handling crime or deviance in acephalous societies was through "restitution."

Question 74

In early Roman society, the initiation of a criminal case depended upon the initiative of the person wronged or, if he had been killed, by his family or kin folk.