TEST BANK FOR Ethical Dilemmas and Decisions in Criminal Justice, 8th Edition

TEST BANK FOR

Ethical Dilemmas and Decisions in Criminal Justice, 8th Edition

TEST BANK FOR Ethical Dilemmas and Decisions in Criminal Justice, 8th Edition Chapter 1-14

Chapter 1 MULTIPLE CHOICE

1.

All public servants have the following characteristics except: a. paid from public purse b. special duties c. power to use force d. held to higher standard

ANS: C

2.

REF: p. 4

OBJ: LO 2

Which of the following is not one of the ethical principles that govern public servants identified by the Josephson Institute? a. accountability b. democratic leadership c. public service d. incomplete judgment

ANS: D

REF: p.4

OBJ: LO 2

3.

Those exempt from legal and moral culpability include all of the following except: a. the insane b. the young c. the poor d. one whose actions were coerced

ANS: C

4.

REF: p. 12

OBJ: LO 4

Which of the following is not one of Braswell’s reasons to study ethics? a. develop critical thinking skills b. become aware and open to ethical issues c. develop wholesight d. improve public image

ANS: D

5.

REF: p. 6

The term

OBJ: LO 1 & 2

refers to what is judged as good conduct.

a. values

b. morality c. honor d. goodness

ANS: B 6.

REF: p. 6

OBJ: LO 3

The discipline investigating the meaning of ethical systems and whether they are relative or are universal is known as:

a. normative ethics b. applied ethics c. forensic ethics d. meta-ethics

ANS: D

7.

REF: p. 6

OBJ: LO 3

ethics determine what people ought to do and defines moral duties based on ethical systems or other means of analysis. a. Applied b. Normative c. Professional d.

Conventional

ANS: B

8.

REF: p. 8

OBJ: LO 3

The application of ethical principles to specific issues such as social research or medical practice is called: a. meta-ethics b. normative ethics c. applied ethics d. practical ethics

ANS: C

REF: p. 8

OBJ: LO 3

9.

While duties are what you must do in order to be good,

are

commendable but not required actions. a. functions b. superogatories c. imperfect duties d. obligations

ANS: B

10.

REF: p. 9

OBJ: LO 3

A good Samaritan who jumps into a river to save a drowning child, risking his or her own life to do so, has performed a(n): a. professional duty b. ethical duty c. superogatory action d. moral duty

ANS: C

11.

REF: p. 9

OBJ: LO 3

Superogatories have to do with: a. duties b. virtues c. laws d. meta-ethics

ANS: A

REF: p. 9

OBJ: LO 3

12.

Which of the following is not an example of an imperfect duty? a. a duty to be honest b. a duty to be generous c. a duty to take your life d. a duty to help the poor

ANS: C

REF: p. 9

OBJ: LO 3

13. 13. If honesty or physical fitness are important to you, these traits would be:

a. Duties b. Values c. Morals d. Superogatories

ANS: B

REF: p. 9

OBJ: LO 3

14. 14. Which of the following is an example of an imperfect duty?

a. to be generous b. to not engage in infidelity c. to not cheat on a test d. to save someone from drowning

ANS: A

REF: p. 9

OBJ: LO 3

15.

Which of the following statements about values is false? a. An explicit value system is a part of every ethical system. b. Our behavior is influenced by our value system. c. Values cannot be empirically verified. d. The value of survival is particular to the U.S. ethical system.

ANS: D

16.

REF: pp. 9-10

OBJ: LO 3

Which of the following would not be considered a moral judgment? a. Capital punishment is just. b. Abortion results in the deaths of fetuses. c. Rich people should give back to the community. d. People who are capable of work should not accept welfare...

ANS: B 17.

REF: pp. 10-11

OBJ: LO 4

According to the text, behavioral decisions that can be judged under ethical standards involve four elements. Which of the following is one of these elements? a. the judge must be present in order to judge the act in question b. value systems are universal c. coerced actions may be judged d. behavior must stem from free will in order to be judged under ethical standards

ANS: D

18.

REF: p. 11

OBJ: LO 4

We usually discuss moral or immoral behavior only in cases in which the behavior significantly:

a. threatens nature b. affects others c. deviates from the norm d. corrupts the social order

ANS: B

19.

REF: p. 13

OBJ: LO 4

Most behaviors that might be judged as ethical or unethical for criminal justice professionals fall into four major categories. Which of the following does not represents one of these four categories? a. theft b. malfeasance

c. harassment d. marital infidelity

ANS: D

20.

REF: pp. 14

OBJ: LO 2,4

The use of facts and objective reasoning to most effectively reach a decision or understand a problem is known as: a. qualitative analysis b. discretion c. ethical balance d. critical thinking

ANS: D

REF: p. 16

OBJ: LO 5

21.

An applied ethics approach presumes that individuals generally prefer to do: a. what they are told to do. b. what is right. c. what is personally most beneficial. d. what is most convenient.

ANS: B

22.

REF: p. 14

OBJ: LO 5

According to the text, broad social questions, often concerning the government’s social control mechanisms and the impact on those governed are called: a. social dilemmas b. moral dilemmas c. ethical issues d. public conundrum

ANS: C

23.

REF: p. 14-15

OBJ: LO 5

Which of the following statements is not an example of an ethical issue? a. what sentences to attach to certain crimes b. decriminalization of soft drugs c. racial profiling d. filing charges against a particular minor

ANS: D

REF: p. 14-15

OBJ: LO 5

24.

Which of the following is not an example of an ethical issue as described in the text? a. what laws to pass b. what sentences to attach to certain crimes c. whether to abolish the death penalty d. whether you should use marijuana for medicinal purposes

ANS: D

REF: p. 14-15

OBJ: LO 5

25. 25. Which of the following best describes a situation in which one person must make a

decision about what to do? a. ethical issues b. ethical dilemmas c. ethical ruse d. ethical crisis

ANS: B

REF: p. 15

OBJ: LO 5

26. 26. Which of the following statements represents an example of an ethical dilemma?

a. what laws to pass b. what sentences to attach to certain crimes c. whether the state should abolish the death penalty d. whether you should use marijuana for medicinal purposes

ANS: D

REF: p. 15

OBJ: LO 5

27.

Which of the following is an example of an ethical dilemma? a. racial profiling b. decriminalizing soft drugs c. the Patriot Act d. a judge reinstating a death sentence in a case

ANS: D

REF: p. 15

OBJ: LO 5

28. 28. According to the text, the first step necessary to clarify any dilemma is:

a. identify of potential values involved b. review all the facts c. identify all possible moral dilemmas d. interview all those involved

ANS: B

REF: p. 16

OBJ: LO 5

29. 29. Which of the following is not one of the five steps necessary to clarify any dilemma

presented in your text? a. identify of potential values involved b. review all the facts c. identify all possible moral dilemmas d. seek the advice of moral or ethical judges

ANS: D

REF: p. 16-17

OBJ: LO 5

30.

According to the text, the last step necessary to clarify any dilemma is: a. identify of potential values involved. b. review all the facts. c. identify all possible moral dilemmas. d. resolve the ethical dilemma by using some means of decision making.

ANS: D

REF: p. 17

OBJ: LO 5

CRITICAL THINKING

Case 1.1 Larry’s house has caught fire, and he is trapped inside. The neighbors called 911. Two firefighters and one of the neighbors entered the house in an attempt to save Larry. Another neighbor tore away the screening around Larry’s porch so that his dog could run to safety.

1.

The neighbor who entered the burning house was performing a: a. moral imperative b. superogatory action c. professional duty d. discretionary duty

ANS: B 2.

REF: p. 9

OBJ: LO 3

The neighbor who entered the burning house was frightened but had always valued the concept of heroism. Now faced with the opportunity, he chose to act heroically. In this example, heroism is an example of a(n):

a. imperfect duty b. universal obligation c. personal obligation d. moral obligation

ANS: A

3.

REF: p. 9

OBJ: LO 3

The neighbor who tore away the screening hesitated at first because he was of the belief that it was wrong to destroy another’s property. At the same time, he also was of the belief that he should rescue the dog. These conflicting beliefs constituted a(n): a. “contradiction of values.” b. superogatory. c. ethical dilemma. d. legal contradiction.

ANS: C

4.

REF: p. 15

OBJ: LO 5

As opposed to the neighbor, the firefighters who attempted to save Larry were performing a(n): a. duty. b. discretionary act. c. imperfect duty. d. superogatory.

ANS: A

REF: p. 8-9

OBJ: LO 3

Case 1.2 John, a mentally handicapped adult, is charged with arson. Upon hearing the court-appointed psychologist’s report and reviewing the defendant’s documented history of mental illness, the judge dismissed the criminal charges.

5.

The judge has determined that John is not to be held responsible because he (John) lacks: a. wholesight. b. discretion. c. a proper value system. d. free will.

ANS: D

REF: p. 12-13

OBJ: LO 3,4

6.

By obtaining the facts and then using objective reasoning to most effectively reach a decision, the judge is exhibiting: a. wholesight b. critical thinking c. legal discretion d. a value system

ANS: B

7.

REF: p. 16

OBJ: LO 1,4

By relating his ethical principles to this specific issue, the judge is providing an example of: a. meta-ethics b. normative ethics c. applied ethics d. universal ethics

ANS: C

REF: p. 8,16

OBJ: LO 5

Case 1.3 Officer Smith is patrolling a city park at night. He comes across a man and woman kissing in a parked car, and tells them that it is not legal to be in the park after dark and that they need to move along. Later, he comes across two men in a parked car. Instead of telling them to move on, Officer Smith writes a citation for the driver.

8.

By allowing the first couple to leave without being cited, despite the fact that technically they were guilty of an infraction, the Officer Smith was exhibiting:

a. normative ethics b. malfeasance c. discretion d. an ethical dilemma

ANS: C

9.

REF: p. 2-3

OBJ: LO 1,3

The officer’s perception of correct behavior and his “moral duty” is based on his ethical system. This in known as: a. professional ethics b. normative ethics c. superogative duty d. imperfect duty

ANS: B

REF: p. 8

OBJ: LO 1,3

10.

By allowing his personal views to result in unequal treatment of members of the public, Officer Smith is in violation of his: a. professional ethics. b. normative ethics. c. superogative duty. d. imperfect duty.

ANS: A

REF: p. 8,14

OBJ: LO 1,3

TRUE/FALSE

1.

According to your text, prosecutors face the most public scrutiny of all criminal justice professionals.

ANS: F

2.

REF: p. 3

OBJ: LO 1

In common usage, the terms “ethical” and “moral” are often considered as being interchangeable.

ANS: T

3.

REF: p. 6

OBJ: LO 3

Superogatories are actions that a moral person must perform.

ANS: F

4.

REF: p. 9

OBJ: LO 3

Imperfect duties are general duties that should be upheld but do not have a specific application as to when or how.

ANS: T

5.

REF: p. 13

OBJ: LO 4

Moral judgments must involve an actual act, not just a thought or belief.

ANS: T

7.

OBJ: LO 3

Committing suicide on a desert island falls within the sphere of moral judgment.

ANS: T

6.

REF: p. 9

REF: p. 11

OBJ: LO 4

Moral culpability is assigned to all human beings since we all have the ability to decide what is good or bad.

ANS: F

REF: p. 12

OBJ: LO 4

8.

The primary distinction between ethical issues and ethical dilemmas is that issues are broad and dilemmas are specific.

ANS: T

9.

REF: pp. 14-15

OBJ: LO 5

The first step in analyzing an ethical dilemma is to consider the underlying values of each of the involved parties.

ANS: F

REF: p. 16

OBJ: LO 5

10. 10. We make ethical judgments using rationales derived from traditional and historical ethical systems.

ANS: T

REF: p. 19

OBJ: LO 5

11. 11. Facts are capable of scientific proof, but values and moral judgments are not.

ANS: T

REF: p. 10

OBJ: LO 3

12. 12. Prosecutors’ primary ethical duty is to pursue a conviction.

ANS: F

REF: p. 3

OBJ: LO 1,2

13.

Roughly half of all college students surveyed have cheated on tests or papers, despite believing cheating to be wrong.

ANS: F

14.

OBJ: LO 5

Exploring with one’s heart as well as one’s mind is known as “wholesight.”

ANS: T

15.

REF: p. 14

REF: p. 6

OBJ: LO 3

An applied ethics approach presumes that individuals generally prefer to do what is right.

ANS: T

REF: p. 14

OBJ: LO 5

FILL-IN-THE-BLANK

1.

The term

ANS: discretion

2.

The term

refers to the power to make a decision or choice.

REF: p. 2

OBJ: LO 1

refers to exploring issues with one’s heart as well as one’s

mind.

ANS: wholesight 3.

REF: p. 6

OBJ: LO 3

The study and analysis of what constitutes good or bad conduct is called

.

ANS: ethics

REF: p. 6

4.

OBJ: LO 3

refers to the application of ethical principles to specific issues.

ANS: Applied ethics

5.

REF: p. 8

OBJ: LO 3

is the discipline investigating the meaning of ethical systems and whether they are relative or universal.

ANS: Meta-ethics

6.

REF: p. 6

defines moral duties based on ethical systems..

ANS: Normative ethics

7.

OBJ: LO 3

The term

REF: p. 8

OBJ: LO 3

refers to applied ethics relevant to a particular occupation

or profession.

ANS: professional ethics

8.

The term order to be considered moral.

REF: p. 8

OBJ: LO 3

refers to commendable actions that are not required in

ANS: superogatories

9.

REF: p. 9

are defined as judgments of desirability, worth, or importance.

ANS: Values

10.

OBJ: LO 3

Ethical

REF: p. 9

OBJ: LO 3

are broad social questions, often concerning the

government’s social control mechanisms and the impact on those governed.

11.

ANS: issues

REF: pp. 14-15

OBJ: LO 5

Asking whether something is

is not necessarily the same question as asking

whether something is right.

ANS: legal

12.

REF: p. 2

OBJ: LO 2

is usually the reason given for criminalizing certain forms of behavior.

ANS: Public safety

REF: p. 2

OBJ: LO 1,2

13.

Many people suffer from personal crises when their actions conflict with their .

ANS: consciences

14.

REF: p. 6

OBJ: LO 5

The study of ethics is especially important for criminal justice professionals because the criminal justice system is uniquely involved in

.

ANS: coercion

OBJ: LO 1,2

15.

REF: p. 6

have the power to define behavior as illegal and, therefore, punishable.

ANS: Legislators

REF: p. 2

OBJ: LO 1,2

ESSAY

1.

List and discuss the elements that all professionals in the criminal justice system have in common.

ANS: answer not provided

REF: p. 4

OBJ: LO 1,2

2.

List and discuss Felkenes’ reasons why it is important for criminal justice professionals to study ethics. Pay particular attention to the aspects of criminal justice occupations that make it so critical that we study and understand ethics.

ANS: answer not provided

3.

OBJ: LO 3

REF: pp. 6-8

OBJ: LO 3

Compare and contrast duties and superogatories. Give an example of each.

ANS: answer not provided

6.

REF: pp. 6-8

List and discuss the four branches of ethics presented in the text.

ANS: answer not provided

5.

OBJ: LO 2

Compare and contrast morals and ethics.

ANS: answer not provided

4.

REF: p. 5

REF: pp. 8-9

OBJ: LO 3

Describe and discuss the relationship between duties and values as presented in your text.

ANS: answer not provided

REF: pp. 8-9

OBJ: LO 3

7.

Consider a judge who must determine whether a 16-year-old who committed a violent crime should be tried as an adult. Identify the ethical dilemma(s) the judge faces and describe how she might arrive at an ethical decision.

ANS: answer not provided

8.

REF: pp. 16-17

OBJ: LO 2,4

According to the text, most behaviors might be judged as ethical or unethical for criminal justice professionals fall into four major categories. List and discuss these four categories and provide an example of each.

ANS: answer not provided

9.

OBJ: LO 4

Compare and contrast ethical issues and ethical dilemmas. Provide an example of each.

ANS: answer not provided

10.

REF: pp. 14

REF: pp. 14-15

OBJ: LO 5

List and discuss the five steps used to clarify any ethical dilemma that are presented in the text.

ANS: answer not provided

REF: p. 16-17

OBJ: LO 5

CHAPTER 2 – Test Bank

MULTIPLE CHOICE

1.

A structured set of principles that defines what is moral is referred to as: a. a norm system b. an ethical system c. a morality guide d. a principled guide

ANS: B

2.

REF: p. 24

OBJ: LO 2

Which of the following is not a requirement of ethical systems? a. universal in nature

b. authoritative c. based on God (however defined) d. not-self serving

ANS: C

REF: p. 25

OBJ: LO 2

3. The difference between deontological ethical systems and teleological ethical systems is that: a. Deontological systems focus on intent instead of consequences. b. Deontological systems prioritize the ends over the means. c. Teleological systems focus on intent instead of consequences. d. Teleological systems prioritize the means over the ends.

ANS: A

4.

REF: pp. 33-35

OBJ: LO 1

Immanuel Kant is most associated with which ethical system? a. Utilitarianism b. ethics of care c. ethics of virtue d. ethical formalism

ANS: D

5.

REF: pp. 33-35

OBJ: LO 1

An ethical system which judges the consequences of an act is referred to as:

a. a deontological ethical system b. a teleological ethical system c. a formal ethical system d. a theological ethical system

ANS: B

REF: p.35

OBJ: LO 1

.

6.

Which statement is not consistent with ethical formalism? a. Moral law is self-imposed. b. Moral actions are determined by reason. c. Lying is never justified. d. Individuals cannot control the consequences of their decisions.

ANS: C

7.

REF: pp. 33-34

OBJ: LO 1

Which statement about hypothetical imperatives is true? a. Hypothetical imperatives command action that is necessary without any reference to intended purposes or consequences b. Hypothetical imperatives refer to the concept that some things just must be and don’t require further justification c. Hypothetical imperatives refer to the imperative that you should do your duty and act the way you want everyone else to act d. Hypothetical imperatives are commands that designate certain actions to attain certain ends

ANS: D

8.

In

REF: p. 34

OBJ: LO 1

utilitarianism, one judges an action in reference to the precedent it

sets and the long-term utility of the rule set by that action. a. Rule b. Act c. Hypothetical

d.

9.

categorical

ANS: A

REF: p. 36

OBJ: LO 1

In

utilitarianism, only the basic utility derived from an action is

examined. a. rule b. act c. hypothetical d. categorical

ANS: B

10.

REF: p. 36

OBJ: LO 1

The authority of religious ethics, in particular such as those of Judeo-Christian ethics, stems from a willful and rational: a. clergy b. leader c. God d. ecclesia

ANS: C

11.

REF: p. 30

OBJ: LO 2

According to Barry, human beings can “know” God’s will in three ways. Which of the following is not one of these three ways? a. Individual conscience

b. Religious authorities c. Holy scriptures d. Individual occurrence

ANS: D

REF: p. 33

OBJ: LO 2

12. 12. Which ethical system embraces human’s inclination for self-preservation?

a. ethical formalism b. natural law c. ethics of care d. ethics of virtue

ANS: B

REF: pp. 29-30

OBJ: LO 2,5

13. 13. Which is not considered a moral virtue?

a. Thriftiness b. Industriousness c. Love d. Honesty

ANS: C

14.

REF: p. 27

OBJ: LO 2

The system of ethics of virtue is associated with: a. Kant b. Aquinas

c. Aristotle d. Hobbes

ANS: C

15.

REF: p. 28

OBJ: LO 2

Aristotle’s concept of moderation, in which one should not err toward excess or deficiency, is called: a. the principle of eudaimonia b. the principle of the golden mean c. the principle of moral latitude d. the principle of the moral exemplar

ANS: B

16.

REF: p. 27

OBJ: LO 2

Which of the following is not one of “The 6 Pillars of Character” presented in the text? a. Fairness b. Caring c. Respect d.

Humility

ANS: D

17.

REF: p. 28

OBJ: LO 2

Which of “The 6 Pillars of Character” encompasses the ideas of altruism and benevolence? a. Citizenship

b. Trustworthiness c. Caring d. Respect

ANS: C

REF: p. 28

OBJ: LO 2,5

.

18. 18. Which of “The 6 Pillars of Character” includes being a good steward of the natural

resources and doing one’s fair share? a. Citizenship b. Trustworthiness c. Caring d. Respect

ANS: A

REF: p. 28

OBJ: LO 2,5

19. 19. Which ethical system is concerned with needs and relationships?

a. Virtue b. Religion c. Ethical Formalism d. Ethics of care

ANS: D 20.

REF: p. 37

OBJ: LO 2,5

The peacemaking process is composed of three parts: connectedness, caring, and: a. Respect b. Mindfulness c. Fairness

d. Equity

ANS: B

REF: p. 39

OBJ: LO 2

. postulates that what is good for one’s survival and personal

21. happiness is moral. a. Altruism b. Narcissism c. Egoism d. Philanthropy

ANS: C

22.

REF: p. 39

OBJ: LO 3,5

Giving to charity or volunteering are examples of: a. enlightened egoism b. altruistic egoism c. psychological egoism d. religious egoism

ANS: C

23.

REF: p. 39

OBJ: LO 3,5

Altruistic acts that benefit the individual by ensuring reciprocal assistance reflect: a. enlightened egoism b. altruistic egoism c. psychological egoism

d. religious egoism

ANS: A

REF: p. 39

OBJ: LO 3

24. 24. Which of the following is one of the three principles of ethical decision making as

described by Krogstand and Robertson? a. the egoistic principle b. the golden mean principle c. the utilitarian principle d. the ethical principle

ANS: C

25. 25. The

REF: p. 41

OBJ: LO 2

_ principle directs a decision maker to act according to a

specific, unbending rule. a. generalization b. imperative c. utilitarian d. golden mean

ANS: B

REF: p. 41

OBJ: LO 1

26.

Subcultural deviance theory is most consistent with which type of ethical system? a. Deontological b. Absolutist c. Legalist d. Relativist

ANS: D

REF: p. 43

27.

OBJ: LO 4 describes the position of what is good or bad

changes depending on the individual or group, and that are no moral absolutes. a. Moral absolutism b. Ethical relativism c. Sub-cultural moralism d. Global relativism

ANS: B

28.

REF: p. 43

OBJ: LO 4,5

Which of the following statements about the principle of forfeiture is false? a. It holds that people who treat others as means to an end forfeit the right to protection of their own freedom and well-being b. It holds that people who aggress forfeit their own right to be protected from harm c. It holds that self-defense is morally unacceptable d. It holds that lying to a person who threatens harm is acceptable

ANS: C

REF: p. 44

OBJ: LO 4

29.

The concept that there are fundamental truths that may dictate different definitions of what is moral in different situations is called: a. moral pluralism b. utilitarianism c. ethical formalism d. natural law

ANS: A

30.

REF: p. 44

OBJ: LO 4,5

Situational ethics is often used as a synonym for: a. absolutism b. relativism c. formalism d. pluralism

ANS: B

REF: p. 44

OBJ: LO 4

CRITICAL THINKING

Case 2.1 Larry has always been a peaceful, law-abiding man, and he has raised his kids to be the same way. He donates to charitable causes and provides a comfortable life for his family. One night he takes his kids to a carnival and in the parking lot, they are confronted by an armed robber. The robber has a knife and threatens to harm one of Larry’s kids if he does not hand over his wallet.

1.

Larry has always professed non-violence, but in this instance he fights the robber to protect his child. Technically, by fighting, he is violating his moral belief that one should be non-violent. His decision to fight in this instance, which he believes to be justified, is an example of:

a. Absolutism b. Universality c. Egoism d. Situational ethics

ANS: D

2.

REF: p. 44

OBJ: LO 4

A deontological response to the situation would require Larry to: a. remain passive, regardless of the consequences

b. pray for guidance c. fight hard against the robber, regardless of the injury he might inflict d. only be concerned with protecting himself

ANS: A

3.

REF: pp. 33-34

OBJ: LO 1,5

A teleological response to the situation would require Larry to: a. remain passive, regardless of the consequences b. pray for guidance c. fight hard against the robber, regardless of the injury he might inflict d. only be concerned with protecting himself

ANS: C

4.

REF: pp. 35-36

OBJ: LO 1,5

As stated in the scenario, Larry donates to charity but still provides a comfortable life for his family. He has found a balance between the competing virtues of giving to the lessfortunate while also ensuring that he provides for his family. This is an illustration of: a. ethical formalism b. egoism c. natural law d. principle of the golden mean

ANS: D

REF: p. 27

OBJ: LO 2,5

Case 2.2 Mary is a new police officer. One day she observes two fellow officers removing drugs from the evidence room. Mary’s ethical system includes a devotion to loyalty, so she is inclined to protect her fellow officers. On the other hand, she also believes in upholding the law.

5.

Mary’s situation is an example of: a. cultural relativism b. egoism c. an ethical dilemma d. the ethics of care

ANS: C

REF: p. 24

OBJ: LO 2

6.

Mary decides to report the crime that she observed, even though it will mean that her fellow officers will lose their jobs and might also be prosecuted. She has decided that the other officers brought this upon themselves; they WERE originally worthy of her loyalty, but lost that loyalty through their own actions. This illustrates:

a. ethical formalism b. egoism c.

principle of forfeiture

d. principle of the golden mean

ANS: C

REF: p. 44

OBJ: LO 4

7.

Mary’s decision to report the crime had negative effects for the two officers involved, and for Mary personally. However, the rest of the community has benefited from the removal of corrupt police officers. A(n)

viewpoint would find this

outcome to be ethical. a. absolutist b. utilitarian c. egoist d. imperative

ANS: B

REF: pp. 36-37

OBJ: LO 1,5

Case 2.3 The environmental movement in the United States seeks to protect forests and other pristine lands. To most Americans, respecting natural lands and animals probably is consistent with their ethical system. In some other countries, laws protecting the lands do not exist. Farmers and ranchers routinely “slash and burn” in order to farm or raise livestock, and loggers harvest trees indiscriminately. There is no ethical dilemma, since their society accepts these practices as normal and necessary.

8.

In this instance, their society’s definitions differ from the American definitions. This is an example of: a. deontology b. egoism c. cultural relativism d. absolutism

ANS: C

REF: p. 43

OBJ: LO 4

9.

Farmers, ranchers, and loggers in these countries engage in these practices because they deem it necessary to provide for their families. Because their focus is on providing for their families and communities, they are adhering to the ethical system known as: a. ethics of care b. egoism c. psychological egoism d. golden mean

ANS: A

10.

REF: p. 44

OBJ: LO 2,5

In America, state, federal, and local governments have enacted laws to protect forests from destruction. Through these laws, the overall community is protected, even though individuals may be negatively affected. By meeting the needs of the overall community, these laws exhibit: a. principle of forfeiture b. principle of the golden mean c. hypothetical imperative d. utilitarianism

ANS: D

REF: p. 44

TRUE/FALSE

1.

Ethical systems are the same as moral rules.

OBJ: LO 1,5

ANS: F

REF: pp. 25-26

OBJ: LO 2

2.

Ethical formalism is a deontological ethical system.

ANS: T

3.

REF: p. 33

OBJ: LO 1

Giving someone a car because they need it is a good act according to ethical formalism, even if he later dies in a crash because the brakes failed.

ANS: T

4.

REF: p. 33

OBJ: LO 1,5

Telling a lie to someone who doesn’t deserve the truth is not a lie according to ethical formalism.

ANS: T

5.

OBJ: LO 1

Utilitarianism would sacrifice the individual for the good of the majority.

ANS: T

6.

REF: pp. 34-35

REF: pp. 35-36

OBJ: LO 1,5

The definition of eudaimonia or happiness is equivalent to the idea of hedonism.

ANS: F

REF: p. 27

OBJ: LO 2

7.

Under the ethics of virtue philosophy, it is possible to have an excess of honor, truth, or shame.

ANS: T

8.

OBJ: LO 3

REF: p. 41

OBJ: LO 1

The most commonly utilized ethical systems are religion and egoism.

ANS: F

11.

REF: p. 39

The imperative principle is associated with utilitarianism.

ANS: F

10.

OBJ: LO 2

Acts of charity are inconsistent with enlightened egoism.

ANS: F

9.

REF: p. 27

REF: p. 26

OBJ: LO 2

Socrates believed that ignorance leads to bad behavior because if one was rational and wise, he or she would know what virtue was and behave accordingly.

ANS: T

REF: p. 26

OBJ: LO 2

12.

Aristotle believed that, by nature, we are born “good” and some later learn to be evil.

ANS: F

REF: pp. 26-27

OBJ: LO 2

13. 13. A man makes a donation to charity for the purpose of looking good to his friends. A deontological review of this action would find it immoral.

ANS: T

REF: p. 33

OBJ: LO 1,5

14. 14. A teleological ethical system would approve of a bad act if it resulted in a good consequence.

ANS: T

REF: p. 35

OBJ: LO 1,5

15.

“Situational ethics” is an example of an absolutist ethical system.

ANS: F

REF: pp. 44-45

OBJ: LO 4

FILL-IN-THE-BLANK 1.

systems emphasize the intent of the actor or good will as the key element of morality.

ANS: Deontological ethical

2.

The term

REF: p. 33

OBJ: LO 1

holds that the only thing truly good is a good will, and

what is good is that which conforms to the categorical imperative ethical system.

ANS: ethical formalism

3.

REF: p. 33

OBJ: LO 1,5

is an ethical system that defines good as that which results in the greatest good for the greatest number.

ANS: Utilitarianism

4.

REF: p. 35

OBJ: LO 1,5

suggests that preservation of one’s own being is a basic

principle of morality.

ANS: Natural law

5.

REF: pp. 29-30

OBJ: LO 2,5

is an ethical system that bases ethics largely upon character and possession of valued qualities.

ANS: ethics of virtue

6.

REF: p. 26

OBJ: LO 2

is an ethical system that defines what is good as meeting needs and preserving and enriching relationships.

ANS: ethics of care

7.

REF: p. 37

According to the concept of

OBJ: LO 2,5

humans naturally and inherently

seek self-interest, and that they can do nothing else because it is their nature.

ANS: psychological egoism

8.

The term

REF: p. 39

OBJ: LO 3

refers to the idea that many values and behaviors

differ from culture to culture and are functional to the culture that holds them.

ANS: cultural relativism

9.

The

REF: p. 43

OBJ: LO 4

refers to the idea that when one violates

someone else’s rights, he gives up his own right to be treated under the principles of respect.

ANS: principle of forfeiture

REF: p. 44

OBJ: LO 4

10.

is the philosophical position that, although there are a few universal trut different situations call for different response; therefore, some action can be right or wrong depending on situational factors.

ANS: situational ethics

11.

REF: p. 44

OBJ: LO 4

have several characteristics; among them are the facts that they are the source of moral beliefs and that they are the underlying premises upon which we base our judgments.

ANS: Ethical systems

12.

REF: p. 24

Harris defined ethical systems as a systematic ordering of

ANS: moral principles

13.

OBJ: LO 2

REF: p. 25

.

OBJ: LO 2

Socrates and Plato identified four virtues: justice, wisdom,

, and

.

ANS: fortitude and temperance

14.

According to Hinduism, the concept of

REF: p. 26

OBJ: LO 2

suggests that what happens in

a future life is determined by how we behave in our present life.

ANS: karma

15.

Under

REF: p. 32

OBJ: LO 2

_ ethics, the murder of one person would be justified if it resulted

in many others being saved.

ANS: utilitarian

REF: pp. 35-36

OBJ: LO 1

ESSAY 1.

Discuss the differences between teleological systems and deontological systems.

ANS: answer not provided

2.

OBJ: LO 1

Describe two teleological ethical systems and describe two deontological systems.

ANS: answer not provided

3.

REF: pp. 33-36

REF: pp. 33-37

OBJ: LO 1

Compare and contrast hypothetical and categorical imperatives. Provide an example of

each.

ANS: answer not provided

REF: p. 34

OBJ: LO 1

4.

Discuss the similarities between the religious systems presented in the chapter.

ANS: answer not provided

5.

OBJ: LO 2

REF: pp. 29-31

OBJ: LO 2

Describe another way of resolving ethical dilemmas that does not use the ethical systems.

ANS: answer not provided

8.

REF: pp. 32-34

Describe and discuss the ethics of virtue ethical system. Provide examples.

ANS: answer not provided

7.

OBJ: LO 2

Compare the natural law system with religion.

ANS: answer not provided

6.

REF: pp. 31-33

REF: pp. 41-42

OBJ: LO 2

Define cultural relativism. Provide examples.

ANS: answer not provided

REF: pp. 43-44

OBJ: LO 4

9.

Discuss the arguments against and supporting relativism. Do the same for absolutism.

ANS: answer not provided

10.

REF: pp. 43-44

OBJ: LO 4

Review egoism and identify its relationship to natural law.

ANS: answer not provided

REF: pp. 39-40

OBJ: LO 3

CHAPTER 3 – Test Bank

MULTIPLE CHOICE

1.

The mediator between people’s essential selfishness and generosity is referred to as: a. law b. ethics c. justice d. mercy

ANS: C

REF: p. 52

OBJ: LO 1

2.

Anthony Walsh describes the following types of humans in his illustration of justice as a result of evolution, except: a. “cheaters” b. “grudgers” c. “suckers” d. “judgers”

ANS: D

3.

REF: p. 52

OBJ: LO 1

According to the chapter, which of the following is NOT a valid component of civil disobedience? a. Any activity must be approved by whatever authority is in power. b. A major moral issue must be at stake. c. It must be nonviolent. d. No other legitimate means of correcting with the issue should be available.

ANS: A

4.

REF: p. 71

OBJ: LO 5

Which type of justice is concerned with the allocation of society’s resources? a. distributive justice b. commutative justice c. exemplary justice d. corrective justice

ANS: A

REF: p. 53

OBJ: LO 2

5.

Which theory of distributive justice would be most opposed to government involvement in the distribution of goods? a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

ANS: A

6.

REF: p. 54

OBJ: LO 2

theories of distributive justice attempt to maximize benefits for individuals and society in a mixed emphasis on entitlements and needs. a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

ANS: B 7.

REF: p. 54

OBJ: LO 2

Which theory of distributive justice places need above desert or entitlement? a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

ANS: D

8.

REF: p. 54

OBJ: LO 2

Which theory of distributive justice starts with the basic premise of equality?

a. Libertarian b. Utilitarian c. Egalitarian d. Marxist

ANS: C

9.

REF: p. 54

OBJ: LO 2

The idea that government should restore order, but the community should establish peace is a characteristic of which concept? a. Substantive justice b. Restorative justice c. Egalitarian philosophy d. Marxist philosophy

ANS: B

10.

REF: pp. 67-68

OBJ: LO 4

Which of the following is not an aspect of Rawls’s theory of justice? a. utilitarian principles b. concern for rights c. freedom from government interference d. concern for the least advantaged members of society

ANS: C

REF: p. 59

OBJ: LO 2

11.

Rawls’s veil of ignorance states that: a. Welfare should be given to the least advantaged or ignorant in our society. b. One must be ignorant of their own position in society in order to make just decisions. c. Ignorance results in unfairness. d. Because we are ignorant of God’s plan, equal distribution of goods is the most just.

ANS: B

12.

REF: p. 59

OBJ: LO 2

Which ethical system is most consistent with a Marxist theory of distributive justice? a. Ethics of Virtue b. Ethical Formalism c. Ethics of Care d.

Utilitarianism

ANS: C

REF: p. 59

OBJ: LO 2

13.

While

justice involves the concept of just deserts, justice concerns the steps we must take before administering

punishment. a. procedural; substantive b. substantive; distributive c. substantive; procedural d. procedural; distributive

ANS: C

14.

REF: p. 60

OBJ: LO 3

Substantive justice and procedural justice are components of: a. distributive justice b. corrective justice c. punitive justice d. restorative justice

ANS: B

REF: p. 60

OBJ: LO 3

.

15.

Which of the following statements is false? a. The ethics of care is consistent with a Marxist theory of justice since both emphasize need. b. Utilitarian theories try to maximize societal good, thus some balance of need and merit would be necessary to provide the incentive to produce. c. Ethical formalism is concerned solely with rights, thus, issues of societal good may not be as important. d. Rawls’s theory is solely Kantian because it demands a basic level of individual rights.

ANS: D

16.

REF: pp. 59-60

OBJ: LO 2

“An eye for an eye” and “a tooth for a tooth” are examples of: a. lex talionis b. lex salica c. lex rasa d. lex mala

ANS: A

17.

REF: p. 61

OBJ: LO 3

Retributive justice is best described by what term? a. Balance b. Deterrence c. Compensation d. Rehabilitation

ANS: A

18.

REF: p. 61

OBJ: LO 3

An ancient right based on church power which allowed a person respite from punishment as long as he or she was within the confines of church grounds is called: a. Refuge b. Sanctuary c. Asylum d. Haven

ANS: B

REF: p. 63

OBJ: LO 3

19.

The type of justice that seeks to achieve the greatest good for all is called: a. utilitarian justice b. restorative justice c. compensatory justice d. egalitarian justice

ANS: A

20.

REF: p. 63

OBJ: LO 3

According to Beccaria’s and Bentham’s utilitarian rationale, punishment should be based on: a. the character of the victim b. the concept of mercy c. the seriousness of the crime d. the social status of the perpetrator

ANS: C

21.

REF: p. 63

OBJ: LO 3

The concept of hedonistic calculus is associated with: a. Rawls b. Bentham c. Hirschi d. Sutherland

ANS: B

REF: p. 63

OBJ: LO 3

22.

Deterrence is the central theme of what theory of corrective justice? a. Utilitarian b. Retributive c. Substantive d. Compensatory

ANS: A

23.

REF: pp. 63-64

OBJ: LO 3

Procedural protections that are part of due process include all of the following except: a. Right to appeal b. Right to the statement of findings c. Right to restart proceedings d. Right to a neutral hearing body

ANS: C

24.

REF: pp. 64-65

OBJ: LO 3

Boss described unjust laws as having several characteristics. Which of the following is not one of these characteristics? a. they are degrading to humans b. they are discriminatory against certain groups c. they are universal d. they are unjustly applied

ANS: C

REF: p. 70

OBJ: LO 5

25.

The voluntary breaking of established laws based on one’s moral beliefs is called: a. due process b. moral exception c. ethical justice d. civil disobedience

ANS: D

REF: p. 71

26.

OBJ: LO 5 is an approach to corrective justice that focuses on

meeting the needs of offenders as well as victims. a. Distributive justice b. Restorative justice c. Civil justice d. Utilitarian justice

ANS: B

27.

REF: pp. 67-68

OBJ: LO 4

Hallmarks of community justice models include the following except: a. The process of justice employs local leadership, is informal, and invites participation from community members. b. The goal is to repair the harm done to a community member by another community member in a way that will restore the health of the community relationship. c. The authority of the justice giver is through the customs and traditions accepted by all members. d. The punishment imposed by the community should be of equal or greater severity than the crime itself.

ANS: D

REF: p. 68

OBJ: LO 4

28.

The roots of restorative justice can be found as far back as: a. Mayan and Aztec law b. Chinese law c. Roman and Grecian law d. Common law

ANS: C

REF: p. 68

OBJ: LO 4

29. 29. The goals of community reparative boards include all the following except: a. promote citizen ownership of process b. provide an opportunity for the offender to take personal responsibility c. provide opportunity for victims and community members to confront offenders in a constructive manner d. provide an opportunity for the community to enact changes in the law to match their local customs

ANS: D

REF: p. 68

OBJ: LO 4

30. 30. Which type of justice is most closely associated with discussions of criminal law? a. Commutative b. Corrective c. Utilitarianism d. Distributive

ANS: B

REF: pp. 53-54

OBJ: LO 3

CRITICAL THINKING

Case 3.1 Sam has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Jones’ home, causing damage to the sliding door in the process. He stole approximately $500 worth of items, and was caught trying to sell a stolen DVD player at a pawn shop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs.

1.

Assume that Sam was given a sentence that included probation with the condition of drug treatment. The judge is of the opinion that if Sam can break his addiction then he will not need to return to crime. If the judge’s intention is to help Sam, we could say her decision is based on the ethics of care. If her purpose was to rehabilitate Sam so that the community would benefit by removing his need to commit crimes, this would be consistent with the idea of: a. restorative justice b. retributive justice c. deterrence d. utilitarianism

ANS: D

2.

REF: pp. 61,64

OBJ: LO 3

Assume that Sam accepted the judge’s offer to enter into a mediation process, where he and the family he stole from arrived at a mutual solution. As a result, Sam will provide

$500 worth of yard work and is responsible for getting the door repaired. This sentence is consistent with the idea of: a. restorative justice b. retributive justice c. deterrence d. ethics of care

ANS: A

3.

REF: pp. 67-68

OBJ: LO 4

Assume that the judge sentenced Sam to a straight jail term. She believes simply that Sam has caused harm and should be punished for it. This sentence is consistent with the idea of: a. restorative justice b. retributive justice c. deterrence d. ethics of care

ANS: B

REF: p. 61

OBJ: LO 3

Case 3.2 Before coming to trial, Sam was assigned a public defender, was informed of the charges, and was given a chance to review the evidence against him. At the trial, the prosecutor called the crime scene investigator to the stand, and she provided scientific evidence to show that Sam had indeed been inside the victim’s home.

4.

The public defender, presentation of charges, and the discovery process were all elements of

, which is guaranteed by the Constitution.

a. restoration b. due process c. utilitarianism d. impartiality

ANS: B

5.

REF: pp. 64-65

OBJ: LO 3

These pre-trial activities are part of the process of: a. substantive justice b. procedural justice c. ethics of care d. peacemaking justice

ANS: B

6.

REF: p. 64

OBJ: LO 3

The evidence that the crime scene investigator presented would have had to meet:

a. the “Rawls test” b. the “veil of ignorance test” c. the “impartiality standard” d. the “Daubert standard”

ANS: D

REF: p. 73

OBJ: LO 3

Case 3.3 Mary owns her own consulting business. Among her employees are: Sue -- the receptionist and a single mother of three; Joe -- the web designer and marketing manager, single, has an MBA; Larry -- a married salesman who makes few sales and cares for an elderly parent; and Carla -- a single salesperson who makes the majority of the company’s sales.

7.

Assume that Mary agrees with Marxist theories. Which of the following would you expect? a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company’s profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

ANS: B

8.

REF: pp. 54-55

OBJ: LO 2

Assume that Mary agrees with egalitarian theories. Which of the following would you expect? a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company’s profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

ANS: C

REF: pp. 54-55

OBJ: LO 2

9.

Assume that Mary believes in distributive justice based on “desert.” Which of the following would you expect? a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company’s profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

ANS: A

10.

REF: p. 54

OBJ: LO 2

Assume that Mary agrees with libertarian theories. All of the following are possible EXCEPT: a. Carla would be the highest-paid employee because of the business she brings in b. Larry and Sue would be paid more than their value indicates, due to their family needs c. Mary would divide the company’s profits equally among all employees d. Mary would expect the government to tell her how to pay the employees

ANS: D

REF: pp. 54,56

OBJ: LO 2

TRUE/FALSE

1.

Some actions might be considered “good” but are not demanded by justice.

ANS: T

2.

REF: p. 52

OBJ: LO 1

According to Aristotle, slavery was not necessarily unjust, as long as the slaves were naturally best suited to be slaves.

ANS: T

3.

REF: p. 53

OBJ: LO 2

Distributing society’s goods based on need is associated with the Marxist approach to justice.

ANS: T

4.

REF: p. 59

OBJ: LO 2

Substantive justice involves the determination of just deserts.

ANS: T

6.

OBJ: LO 2

Rawls’s theory of justice is consistent with rights-based theories of justice.

ANS: T

5.

REF: p. 54

REF: pp. 60-61

OBJ: LO 3

Procedural justice necessarily produces substantive justice.

ANS: F

7.

REF: p. 64

OBJ: LO 3

Sanctuary allowed offenders to escape punishment as long as they were members of the clergy.

ANS: F

8.

REF: p. 61

OBJ: LO 3

Under the retributive system, the reason we punish is for the greater good of society.

ANS: F

10.

OBJ: LO 3

The Latin term associated with “an eye for an eye” is lex salica.

ANS: F

9.

REF: p. 63

REF: p. 61

OBJ: LO 3

Under the utilitarian rationale for punishment, we weigh the punishment to the crime in order to balance the wrong to society.

ANS: F

REF: p. 63

OBJ: LO 3

11.

Marxist theories state that resources should be distributed according to what one needs, rather than what one deserves.

ANS: T

12.

REF: p. 55

OBJ: LO 2

Philosophical support for rehabilitative treatment of criminals can be found in natural law.

ANS: F

13.

REF: p. 61

OBJ: LO 3

In Walsh’s theory of the evolution of justice, “grudgers” emerged as a response to “cheaters.”

ANS: T

14.

OBJ: LO 1

Impartiality refers to fair and equal treatment for all, without discrimination or bias.

ANS: T

15.

REF: p. 52

REF: p. 52

OBJ: LO 1

Libertarian theory states that it is the role of government to provide as much guidance and control over the citizens as possible.

ANS: F

REF: p. 56

OBJ: LO 2

FILL-IN-THE-BLANK

1.

According to Walsh, moral outrage is a(n)

ANS: evolutionary

response.

REF: p. 52

2.

OBJ: LO 1

is concerned with punishments and sanctions.

ANS: Corrective justice

3.

REF: pp. 53-54

OBJ: LO 3

justice is concerned with the allocation of the goods and burdens of society.

ANS: Distributive

4.

REF: p. 54

OBJ: LO 2

theories start with the basic premise of equal treatment or equal shares for all.

ANS: Egalitarian

5.

REF: pp. 54-55

OBJ: LO 2

The constitutionally mandated procedural steps designed to ensure fairness in any governmental deprivation of protected liberty, life, or property are called ,

ANS: due process

6.

REF: p. 64

OBJ: LO 3

justice concerns the steps taken to reach a determination of guilt, punishment, or other conclusion of law.

ANS: Procedural

REF: pp. 60,64

OBJ: LO 3

punishment seeks to balance the victim’s harm with the

7. offender’s pain.

ANS: Retributive

8.

REF: p. 61

OBJ: LO 3

Rawls’ concept of a way to make moral judges unbiased by not knowing what role one might play in a moral issue is referred to as

ANS: veil of ignorance

.

REF: p. 59

OBJ: LO 2

9.

justice is concerned with ensuring the best possible outcome for society at large.

ANS: Utilitarian

10.

REF: p. 63

OBJ: LO 3

Bentham’s idea that individuals weigh potential profit or pleasure against potential pain or punishment is called

.

ANS: hedonistic calculus

11.

REF: pp. 63-64

OBJ: LO 3

Since they both emphasize meeting needs, “ethics of care” is consistent with a theory of justice.

ANS: Marxist

12.

REF: pp. 54-55

One of the advantages of

OBJ: LO 2

was that it was considered more humane

than corporal punishment.

ANS: imprisonment

13.

REF: p. 61

OBJ: LO 3

In order for scientific evidence to be entered into a criminal trial, it must meet the standard in most states.

ANS: Daubert

14.

15.

REF: p.73

OBJ: LO 3

In a utilitarian system, the purpose of punishment is to

future crime.

ANS: deter

OBJ: LO 3

REF: pp. 63-64

Community justice is similar to restorative justice, but with more emphasis on .

ANS: prevention

REF: p. 68

ESSAY

1.

Explain how Aristotle and Plato associated natural law with justice.

ANS: answer not provided

2.

REF: p. 53

OBJ: LO 2

Review Rawls’ theory and explain the criticisms that have been offered.

ANS: answer not provided

REF: p. 59

OBJ: LO 2

OBJ: LO 4

3.

Describe Aristotle’s two categories of justice.

ANS: answer not provided

4.

OBJ: LO 2

REF: pp. 60-65

OBJ: LO 3

Compare and contrast lex talionis and lex salica. Give an example of each.

ANS: answer not provided

7.

REF: pp. 54-56

Compare and contrast substantive justice and procedural justice. Give an example of each.

ANS: answer not provided

6.

OBJ: LO 2

Describe the various theories of distributive justice.

ANS: answer not provided

5.

REF: pp. 53-54

REF: p. 61

OBJ: LO 3

Explain the relationship between mercy and justice.

ANS: answer not provided

REF: pp. 62-63

OBJ: LO 3

8.

Explain restorative justice and community justice, and include how they differ.

ANS: answer not provided

9.

OBJ: LO 4

Discuss the factors associated with the utilitarian argument for punishment.

ANS: answer not provided

10.

REF: pp. 67-69

REF: pp. 63-64

OBJ: LO 3

Define and discuss the concept of civil disobedience. Provide examples.

ANS: answer not provided

REF: pp. 71-72

OBJ: LO 5

CHAPTER 4 – Test Bank

MULTIPLE CHOICE

1.

Which part of the brain is associated with feelings of empathy? a. frontal lobes b. inferior parietal lobe c. left hemisphere d. right hemisphere

ANS: A

2.

REF: p. 82

OBJ: LO 1

Which of the following is not a characteristic of frontal lobe damage? a. difficulty in logical reasoning b. impulsivity c. tendency toward apathy d. loss of motor function

ANS: D

3.

REF: p. 82

OBJ: LO 1

Which of the following is a type of test that measures an individual’s ability to recognize and/or agree with moral terms? a. memory tests b. spatial skill tests c. recognition tests d. intelligence tests

ANS: C

4.

REF: p. 89

OBJ: LO 1

Studies regarding biological sex differences in brain activity found evidence of sex differences in all except: a. antisocial tendencies b. delinquency c. conduct disorders d. intelligence

ANS: D

5.

REF: p. 82

OBJ: LO 1

Shermer believes that morality is a product of? a. Learning b. Reasoning c. Evolution d. Negative reinforcement

ANS: C

6.

REF: p. 81

OBJ: LO 1

According to learning theorists: a. Behavior arises from moral beliefs. b. Moral behavior arises through reason. c. Moral beliefs arise from a habit of moral behavior that is the product of reinforcement.

d. Negative reinforcement is the most effective way to teach moral belief.

ANS: C

7.

REF: p. 83

OBJ: LO 1

Which of the following is not associated with learning theory? a. moral reasoning b. cognitive dissonance c. reinforcement d. modeling

ANS: A

8.

REF: pp. 83-84

OBJ: LO 1

Ethical leaders should foster personal relationships with their subordinates in order to facilitate: a. caring b. modeling c. knowledge of weaknesses d. friendship

ANS: B

9.

REF: p. 98

OBJ: LO 5

Pinker refers to the incorrect belief that the body is separate from the mind as: a. the “blank slate” b. ”moral imagination” c. the “ghost in the machine” d. the “noble savage”

ANS: C

10.

REF: p. 80

OBJ: LO 3

A survey of police chiefs found that they recommend that ethics training should focus on rather than rules. a. shared values and problem solving b. legal requirements for each position c. reviewing and updating the organization’s Code of Ethics d. defining basic terms for new recruits

ANS: A

11.

REF: p. 95

OBJ: LO 4

Social learning theory was developed by: a. Albert Bandura b. Jean Piaget c. Erik Erikson d. B. F. Skinner

ANS: A

REF: p. 83

OBJ: LO 1

can be defined as the individual’s feelings of competence, and

12.

this sense is developed by comparing the self to others. a. Cognitive dissonance b. Self-efficacy c. Euphemistic morality d. Self-adequacy

ANS: B

13.

REF: p. 83

OBJ: LO 1

Sanitizing language, such as “wasting” or “whacking” instead of killing is an example of: a. behavioral classification b. metaphorical cataloging c. cognitive adage d. euphemistic labeling

ANS: D

REF: p. 92

OBJ: LO 3

14.

Which of the following statements about social learning theory is true? a. Social learning theory was developed by Lawrence Kohlberg. b. Social learning theory reflects the idea of modeling as the mechanism of development. c. Social learning theorists believe moral behavior is hierarchical. d. Social learning theorists believe that as we develop, we move from pure egoism toward altruism.

ANS: B

15.

REF: p. 83

OBJ: LO 1

According to Bandura, self-regulation can be “turned off,” leading to inhumane acts, through cognitive restructuring via several different mechanisms. Which of the following is not one of these mechanisms? a. Dehumanization b. Displacement of responsibility c. Advantageous labeling d. Disregard of the consequences

ANS: C

16.

REF: p. 92

OBJ: LO 3

Who of the following is not associated with developmental theories? a. Kohlberg b. Bentham c. Gilligan d. Piaget

ANS: B

17.

REF: pp. 84-87

OBJ: LO 1

Which of the following statements about developmental theories is false? a. Developmental theories propose that individuals mature physically, cognitively, and emotionally. b. Developmental theories argue that individuals have normal growth phases in areas such as morality and emotional maturity. c. Jean Piaget and Lawrence Kohlberg are well-known developmental theorists. d. Kohlberg’s moral stages of development consist of two levels of moral reasoning, with three stages in each level.

ANS: D

18.

REF: pp. 84-85

OBJ: LO 2

Research indicates, for instance, that when workers are busy and stressed, they are more likely to make unethical choices because, possibly, the brain processes responsible for is already overloaded with other demands a. remembering ethics training b. perceiving instructions being given c. communicating with co-workers d. rationally deciding the correct action

ANS: D

REF: p. 91

OBJ: LO 5

19.

According to Kohlberg, which is the first stage of moral development? a. punishment and obedience orientation b. instrument and relativity orientation c. social contract orientation d. law and order orientation

ANS: A

REF: pp. 84-86

OBJ: LO 2

20. 20. Which of Kohlberg’s moral stages has an interpersonal concordance orientation?

a. Stage 1 b. Stage 2 c. Stage 3 d. Stage 4

ANS: C

REF: pp. 84-86

21. 21. During Kohlberg’s

OBJ: LO 2

level, the person approaches a moral issue

motivated purely by personal interests. a. pre-conventional b. post-conventional c. un-conventional d. conventional

ANS: A

REF: pp. 84-86

OBJ: LO 2

22.

During Kohlberg’s

level, a person moves beyond the norms and

laws of a society to determine universal good, that is, what is good for all societies. a. pre-conventional b. post-conventional c. un-conventional d. conventional

ANS: B

23.

REF: pp. 84-86

During Kohlberg’s

OBJ: LO 2

level, people perceive themselves as members

of society, and living up to role responsibilities is paramount in believing oneself to be good. a. pre-conventional b. post-conventional c. un-conventional d. conventional

ANS: D

24.

REF: pp. 84-86

OBJ: LO 2

Which of Kohlberg’s moral stages centers on universal ethical principles? a. Stage 3 b. Stage 4 c. Stage 5 d. Stage 6

ANS: D

25.

REF: pp. 84-86

OBJ: LO 2

Kohlberg advanced the possibility of a seventh stage described as a: a. “enlightened” stage involving law-and-order orientation b. “soft” stage of ethical awareness with an orientation of cosmic or religious thinking c. “universal” stage where the child becomes aware of and is concerned with others’ needs d. “final” stage where the individual performs conventionally determined good behavior to be considered a good person

ANS: B

26.

REF: p. 85

OBJ: LO 2

Which of the following individuals added a “care perspective” to Kohlberg’s theory? a. Jean Piaget b. Albert Bandura c. Carol Gilligan d. Jackson Flanagan

ANS: C

27.

REF: p. 86

OBJ: LO 2

Which of the following statements about developmental theories is true? a. Developmental theories propose that individuals mature physically, cognitively, and emotionally b. Developmental theorists believe that exceptionally bright individuals can skip stages c. Bentham is a well-known developmental theorist d. Developmental theories argue that individual have normal “moral imaginations”

ANS: A

28.

REF: p. 84

OBJ: LO 1

According to the “corruption continuum” organizations can become corrupt through all of the following except: a. administrative indifference toward integrity b. ignoring obvious ethical problems c. hypocrisy and fear dominated culture d. charismatic leadership

ANS: D

29.

REF: pp. 95-96

OBJ: LO 5

are often put into place to guard against ethics problems but sometimes have the unintended effect of actually increasing unethical behavior. a. Polygraph examinations b. Compliance systems c. The ‘honor system’ d. Security cameras

ANS: B

30.

REF: p. 93

OBJ: LO 5

According to the text, injury to the frontal lobe of the brain can result in all of the following except: a. memory loss b. decreased attention span

c. an difficulty following directions d. tactless behavior

ANS: A

REF: p. 82

OBJ: LO 1

CRITICAL THINKING

Case 4.1 A terrorist leader has recruited new volunteers and is addressing them. He tells them that their mission will “eliminate” many people but that they would be serving a higher purpose. He explains that their group’s struggle depends on martyrs such as themselves. He goes on to say that their victims belong to a lesser class of people and refers to them with an insulting ethnic slur. He declares that they deserve to be eliminated. The new volunteers not only agree to take part in a suicide mission, they are happy to have been chosen.

1.

By telling the recruits that their victims are a lesser class of people and calling them an insulting name, the leader is using which method of cognitive restructuring? a. Dehumanization b. cognitive dissonance c. advantageous comparison d. displacement of responsibility

ANS: A

REF: p. 92

OBJ:LO 3

2.

By referring to the recruits as “martyrs” and saying that their mission will serve a higher purpose, leader is using which method of cognitive restructuring? a. Dehumanization b. moral justification c. advantageous comparison d. displacement of responsibility

ANS: B

3.

REF: p. 92

OBJ:LO 3

The volunteers accept the instructions of their leader and intend to carry out the mission.

They have no ethical reservations, as they have been trained to follow orders. Which method of cognitive restructuring are the volunteers employing? a. Dehumanization b. cognitive dissonance c. advantageous comparison d. displacement of responsibility

ANS: D

4.

REF: p. 92

OBJ:LO 3

By telling the recruits that they will be “eliminating” victims (as opposed to “killing,” “blowing up,” “gunning down,” etc), the leader is using which method of cognitive restructuring? a. euphemistic labeling b. cognitive dissonance c. advantageous comparison d. displacement of responsibility

ANS: A

REF: p. 92

OBJ:LO 3

Case 4.2 Joe is in charge of an FBI field office. His office has been monitoring an organized crime family in his jurisdiction. The criminals have been unusually active lately, and there has been much criticism in the media about the FBI’s inability to shut them down. Joe approves the use of GPS trackers to gather intelligence, despite having been told in the past that doing so without a warrant was a violation of suspects’ rights.

5.

Joe’s decision to ignore his ethical reservations is a result of the pressure he feels to obtain results. Bazerman and Tenbrunsel would refer to Joe’s decision as: a. euphemistic labeling b. motivated blindness c. advantageous comparison d. failure of duty

ANS: B

6.

REF: p. 92

Goldberg would assert that Joe has failed to act as: a. a post-conventional adult b. a synthesizing mind c. an ethical role model d. a “noble savage”

OBJ:LO 5

ANS: C

REF: p. 98

OBJ:LO 5

NARR: Case 4.2

7.

If an agent in Joe’s office reports Joe’s actions, that agent would be referred to as: a. an inside reporter b. a whistleblower c. a “disciplined mind” d. a “noble savage”

ANS: B

REF: p. 97

OBJ:LO 5

Case 4.3 In the text, the author describes an experiment in which a group of children were told a hypothetical story in which an adult punished a neutral act, such as a child practicing a musical instrument. Afterward, the children classified the act of playing a musical instrument as bad behavior.

8.

This experiment lends credence to the power of: a. cognitive dissonance b. modeling c. the “blank slate” d. reinforcement

ANS: D

REF: p. 83

OBJ:LO 1

Case 4.4 The text describes the case of Penn State football coach Jerry Sandusky, who was convicted of more than 40 counts of child sexual assault. His crimes occurred over a span of more than ten years, as Penn State administrators failed to act, despite their knowledge of his behavior. At one point, another coach witnessed an assault, but only reported it to the head coach, who in turn only reported it to his superior. NARREND

9.

Which of Bandura’s methods of “cognitive restructuring” is illustrated by the other coaches who felt they had done their duty by merely passing the information up the chain? a. diffusion of responsibility b. euphemistic labeling c. dehumanization d. advantageous comparison

ANS: A

10.

REF: p. 92

OBJ:LO 3

All of the following elements of Trautman’s “corruption continuum” seem to be present in the description of the Penn State scandal found in the chapter, except: a. ignoring obvious ethical problems

b. administrative indifference toward integrity c. lack of a published Code of Ethics for the organization d. a survival-of-the-fittest approach by employees, who commit unethical acts to protect themselves

ANS: C

REF: pp. 95-96

OBJ:LO 5

TRUE/FALSE

1.

Some biological theorists believe that morality lies in the “emotion” centers of the brain.

ANS: T

2.

REF: p. 82

OBJ: LO 1

Correctional programs have been shown to improve morality scores among offender populations.

ANS: T

3.

REF: p. 90

OBJ: LO 1

The brain releases oxytocin in settings where there are feelings of anger or fear.

ANS: F

REF: p. 81

OBJ: LO 3

4.

According to learning theory, moral behavior is learned best through reinforcement and exposure to higher order reasoning.

ANS: F

5.

OBJ: LO 1

According to Kohlberg, moral development is closely related to intellectual development.

ANS: T

6.

REF: pp. 83-85

REF: pp. 84

OBJ: LO 2

According to Kohlberg, all people progress through each stage of moral development until they reach the highest stage.

ANS: F

7.

REF: p. 84

OBJ: LO 2

According to Gilligan, men are not capable of analyzing an ethical dilemma using the care perspective.

ANS: F

8.

REF: p. 86

OBJ: LO 2

Kohlberg’s seventh stage of moral development centers on the concept of agape.

ANS: T

9.

REF: p. 85

OBJ: LO 2

According to the text, training classes in ethics have more influence over the behavior of employees than the behavior of administrators and supervisors.

ANS: F

REF: p. 95

OBJ: LO 4

10. 10. Zak refers to oxytocin as the “moral molecule.”.

ANS: T

REF: p. 81

OBJ: LO 1

11. 11. An employee who reveals unethical behavior in an organization is known as a whistleblower.

ANS: T

REF: pp. 97-98

OBJ:LO 5

12. 12. The importance of Kohlberg’s work is the link he makes between gender and moral development.

ANS: F

13.

REF: p. 84

OBJ:LO 2

Sherman suggests that coercion is a key element in criminal justice, so the moral issues related to coercion should be studied.

ANS: T

REF: p. 94

OBJ:LO 4

14.

Kohlberg’s research indicates that, while there are six stages of moral development, people pass through these stages in different orders, depending on their upbringing.

ANS: F

15.

REF: pp. 84-85

OBJ:LO 2

Albert Bandura is best-known for his theories regarding the biological factors that influence one’s moral development.

ANS: F

REF: pp. 83-84

OBJ:LO 1

FILL-IN-THE-BLANK are “paper-and-pencil” tests that measure an individual’s

1.

ability to recognize and/or agree with moral terms.

ANS: Recognition tests

2.

REF: p. 89

OBJ: LO 1

Sherman says that ethics courses relating to criminal justice should include understanding the morality of

, since this concept is intrinsic to the criminal justice

system.

ANS: coercion

REF: p. 94

OBJ: LO 3

3.

Using words that downplay the seriousness of our actions is an example of .

4.

ANS: euphemistic labeling

REF: p. 92

The term

refers to an individual’s feeling of competence.

ANS: Self-efficacy

REF: p. 83

5.

OBJ: LO 3

OBJ: LO 1

theories of behavior propose individuals have normal growth patterns in such areas as morality and emotional maturity.

ANS: Developmental

6.

REF: p. 84

Kohlberg’s “moral stages” are

OBJ: LO 1

, meaning that each succeeding stage

encompasses and is more comprehensive and complicated than the preceding stage.

ANS: hierarchical

7.

REF: p. 84

OBJ: LO 2

refers to a non-exclusive love and acceptance of everyone.

ANS: Agape

8.

REF: p. 85

OBJ: LO 2

Gilligan suggests women tend to approach moral dilemmas with an orientation emphasizing relationships and needs; she refers to this as the .

9.

ANS: care perspective

REF: p. 86

OBJ: LO 2

According to

theorists, the most effective way to change the

ethics of a profession is to utilize rewards and punishments to change behaviors; that is, supervision and discipline are the vehicles to creating an ethical organization.

ANS: learning

10.

REF: p. 89

OBJ: LO 5

are employees who expose what they believe to be wrongdoing or illegality in their organization.

11.

ANS: Whistleblowers

REF: p. 97

OBJ: LO 5

Pinker’s concept of the

refers to the idea that humans are naturally peaceful

and altruistic.

ANS: “noble savage”

REF: p. 80

OBJ:LO 1

12.

A person whose moral development has progressed to the point where he or she has moved beyond the norms of society to determine universal good is, according to Kohlberg, at the

level.

ANS: post-conventional

13.

REF: p. 85

OBJ:LO 2

Gilligan found that most men analyze moral decisions with a rules or justice orientation (Stage 4), whereas many women see the same moral dilemma with an orientation toward

ANS: needs and relationships

14.

REF: p. 86

OBJ:LO 2

Research indicates that workers are more likely to make unethical choices when they are .

ANS: busy and stressed

15.

REF: p. 91

OBJ:LO 5

One who justifies unethical behavior by claiming to only be following orders is using Bandura’s

method of cognitive restructuring.

ANS: displacement of responsibility REF: p. 92

OBJ:LO 3

ESSAY

1.

What are the three basic approaches used to explain human behavior? Explain each.

ANS: answer not provided

2.

REF: p. 79-87

OBJ: LO 1

Briefly explain how men and women differ in their moral development, according to the research presented in the text..

ANS: answer not provided

3.

REF: pp. 82, 85-86

OBJ: LO 1,2

Describe and discuss modeling and reinforcement and how they are related to moral development.

ANS: answer not provided

4.

REF: p. 83-84

OBJ: LO 1

Describe Bandura’s definition of self-regulation and discuss at least four of the ways it can be “turned off.”

ANS: answer not provided

REF: p. 92

OBJ: LO 3

5.

Describe and discuss Kohlberg’s moral development theory. What problems do critics see with his theory?

ANS: answer not provided

6.

REF: pp. 84-86

OBJ: LO 2

Describe how organizations can become corrupt, according to Trautman’s “Corruption Continuum.”

ANS: answer not provided

7.

REF: pp. 95-96

OBJ: LO 4

List and discuss the necessary elements that Sherman identified for teaching ethics in criminal justice.

ANS: answer not provided

8.

OBJ: LO 4

What advice does Souryal offer to those who desire to be good leaders?

ANS: answer not provided

9.

REF: p. 94

REF: p. 97

OBJ: LO 5

What advice does Metz offer for leaders?

ANS: answer not provided

REF: p. 97

OBJ: LO 5

10.

Review the role that biochemistry plays in one’s moral development.

ANS: answer not provided

REF: p. 81

OBJ: LO 1

Chapter 5 – The Police Role in Society

MULTIPLE CHOICE 1.

Crime control is an approach that is consistent with the following except: a. Criminals are the enemy. b. Police officers are soldiers in a war. c. Police officers serve all the people. d. Efficiency is a top priority.

ANS: C

2.

REF: p.105

OBJ: LO 1

The crime control and due process models were developed by: a. Carl Klockars b. Herbert Packer c. Lawrence Sherman d. John Crank

ANS: B

REF: p.105

OBJ: LO 1

3.

According to Packer, which of the following is one of the principles under which the crime control model operates? a. efficiency is rejected if it involves shortcuts b. protection of process is as important as protection of innocents c. a conveyor belt is the model for the system d. the coercive power of the state is always subject to abuse

ANS: C

4.

REF: p. 105

OBJ: LO 1

According to Packer, which of the following is one of the principles under which the due process model operates? a. efficiency is a top priority b. there is a presumption of guilt c. protection of process is as important as protection of innocents d. emphasis is on speed and finality

ANS: C

5.

REF: p. 106

OBJ: LO 1

The public servant model of policing includes all the following except: a. Criminals are not a distinct group. b. Police have a limited ability to control crime. c. Protection of the process of justice is as important as crime control. d.

Police are not public servants of those who commit crime.

ANS: D

REF: pp.105

OBJ: LO 1

6.

The first era of police professionalism began in the: a. 1920s b. 1930s c. 1960s d. 1980s

ANS: A

7.

REF: p.107

OBJ: LO 1

In relation to community policing and ethics, all of the following is true except: a. Community policing ethical issues arise from the closer relationships formed with community members. b. There is evidence that there is more corruption in community policing models than with traditional law enforcement. c. Community policing reduces cynicism and burnout which may reduce corruption. d.

Community policing may increase the potential for gratuities.

ANS: B

8.

REF: pp.109-110

OBJ: LO 2

A model of law enforcement that creates partnerships with the community and addresses underlying problems rather than simply enforcing the law is referred to as: a. crime control policing b. reactive policing c. traditional policing d. community policing

ANS: D

REF: p. 109

OBJ: LO 1

9.

Harris’ “preventive policing” model includes: a. the concepts of community policing, problem-oriented policing, and accountability mechanisms b. the concepts of community policy and the practices of crime control policing c. the concepts of problem-oriented policing, and counter-terrorism efforts d. the concepts of accountability mechanisms and counter-terrorism efforts

ANS: A

10.

REF: p. 110

OBJ: LO 1

Authority is defined as: a. the right to inherent in a role to use any means to overcome resistance b. the use of signs and symbols to induce compliance c. the use of words and arguments to induce compliance d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

ANS: D 11.

REF: p. 111

OBJ: LO 2

Power is defined as: a. the right inherent in a role to use any means to overcome resistance b. the use of signs and symbols to induce compliance c. the use of words and arguments to induce compliance d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

ANS: A

REF: p. 111

OBJ: LO 2

12.

Persuasion is defined as: a. the right to inherent in a role to use any means to overcome resistance b. the use of signs, symbols, words, and arguments to induce compliance c. the use of force and coercion to get one’s way d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

ANS: B

13.

REF: p. 111

OBJ: LO 2

Force is defined as: a. the right to inherent in a role to use any means to overcome resistance b. the use of signs, symbols, words, and arguments to induce compliance c. the use of physical coercion to overcome the will of the individual d. the unquestionable entitlement to be obeyed that comes from fulfilling a specific role

ANS: C

14.

REF: p. 111

OBJ: LO 2

According to Klockars, what are the four elements of police power? a. power, persuasion, threat, and force b. power, persuasion, force, and authority c. authority, threat, force, and persuasion d. force, coercion, persuasion, authority

ANS: B

15.

REF: pp.111

OBJ: LO 2

Cohen and Feldberg include all of the following as ethical standards derived from the

social contract except: a. safety and security b. efficiency c. fair access d. teamwork

ANS: B

16.

REF: p.112

OBJ: LO 2,3

Cohen and Feldberg proposed five ethical standards that can be derived from the social contract between society and the individuals. Which of the following is not one of these standards? a. Teamwork b. Objectivity c. Equality d. Fair access

ANS: C

17.

REF: p. 112

OBJ: LO 2,3

Cohen and Feldberg propose five ethical standards that can be derived from the social contract. Which of the following is not one of these five principles? a. fair access b. punishment c. teamwork d. decentralization

ANS: D

REF: p. 112

OBJ: LO 2,3

18.

is different from the other three means of control in that it is physical. a. Force b. Authority c. Discretion d. Persuasion

ANS: A

REF: p. 111

OBJ: LO 2

19. 19. Wilson described types of police as including all except: a. legalistic b. service c. watchman d. caretaker

ANS: B

REF: pp.112-113

OBJ: LO 2

20. 20. Muir’s typology of police styles includes: a. The professional b. The avoider c. The enforcer d. The watchman

ANS: D

REF: p. 113

OBJ: LO 2

21.

In Muir’s typology of police styles, the professional: a. used coercion exclusively b. avoided situations where they might be challenged c. balanced coercion with compassion d. had citizens solve problems and made deals to keep the peace

ANS: C

22.

REF: p. 113

OBJ: LO 2

In Brown’s typology of police styles, the old-style crime fighters: a. are concerned only with action that might be considered crime control b. avoided situations where they might be challenged c. balanced coercion with compassion d. had citizens solve problems and made deals to keep the peace

ANS: A

23.

REF: p. 113

OBJ: LO 2

In Muir’s typology of police styles, the reciprocator: a. used coercion exclusively b. avoided situations where they might be challenged c. balanced coercion with compassion d. had citizens solve problems and made deals to keep the peace

ANS: D

REF: p. 113

OBJ: LO 2

24.

In Brown’s typology of police styles, which type of officer emphasizes public order and peace officer tasks? a. the professional-style officer b. the service-style officer c. the clean-beat officer d. the old-style crime fighter

ANS: B

25.

REF: p. 113

OBJ: LO 2

The four major themes of formal ethical codes for law enforcement include all except: a. fairness b. personal conduct c. service d. education

ANS: D

26.

REF: pp.115-116

OBJ: LO 3

The informal values of police have been said to include which of the following? a. Cynicism b. Loyalty c. Force d. All these are informal values of police

ANS: D

REF: p.118

OBJ: LO 4

27.

Another name for the code of silence or the practice of police officers to remain silent when fellow officers commit unethical actions is: a. the blue wall b. the blue curtain of secrecy c. the green wall of silence d. the blue code

ANS: B

28.

REF: p. 121

OBJ: LO 4

Souryal argued that there are different kinds of loyalty to superiors or to fellow officers, including all of the following except: a. integrated loyalty b. personal loyalty c. institutional loyalty d. fragmented loyalty

ANS: D

29.

REF: pp. 125-126

OBJ: LO 4

Which of the following statements about police subculture is false? a. increasing diversity of police recruits has eliminated the social homogeneity of the workforce b. civil litigation has increased the risk of covering for another officer c. decreasing crime rates have reduced the need for a “code of silence” d. police unions have contributed to the weakening of the police subculture

ANS: C

REF: pp. 126-127

OBJ: LO 5

30.

The law enforcement approach first implemented when William Bratton was police chief in New York City in the 1990s is called: a. community policing b. “safe for tourists” zone c. zero-tolerance policy d. blue wall of integrity

ANS: C

REF: p. 106

OBJ: LO 1

CRITICAL THINKING

Case 5.1 A new police chief is sworn in. The city has been plagued with street crime and a poor relationship with the community. He has pledged to reduce crime and improve public satisfaction.

1.

Assume the new chief sets up a D.A.R.E. program with the local schools, orders 25% of his patrol officers to switch to foot patrol, and sets up a citizen’s advisory board. These actions would be consistent with: a. A ‘zero tolerance’ policy b. An intelligence-based strategy c. Predictive policing d. Community policing

ANS: D

2.

REF: pp. 109-110

OBJ: LO 1

If the new chief issues orders requiring patrol officers to issue citations or make arrests for any observed infraction, no matter how minor, this would be consistent with: a. A ‘zero tolerance’ policy b. An intelligence-based strategy c. Predictive policing d. Community policing

ANS: A

3.

REF: p. 106

OBJ: LO 1,2

If the chief invests in new technologies such as GIS mapping software and data analysis tools, in order to better deploy police resources, this would be known as: a. A ‘zero tolerance’ policy b. An intelligence-based strategy c. Predictive policing d. Community policing

ANS: C

4.

REF: p. 110

OBJ: LO 1

If the chief wants to pursue an intelligence-led policing strategy, he would: a. Require his officers to obtain bachelor’s degrees b. Improve relations with the local media c. Increase surveillance of known criminal organizations d. Research successful police methods from other cities

ANS: C

REF: p. 110

OBJ: LO 1

Case 5.2 Roland is a police officer in pursuit of a fleeing rape suspect. The chase is on foot, and Roland is a much faster runner than his partner. He catches the suspect out of sight of his partner. When his partner, Ted, arrives on the scene, he observes Roland striking the suspect, despite the fact that the suspect is already in handcuffs.

5.

Ted chooses not to report his partner. He arrived at this decision by deciding that the greater good is served by preserving the rapist’s conviction, rather than risk losing it due to an excessive force complaint. Ted does believe that Roland acted improperly, but decides that the community is better off if the rapist is incarcerated than if a complaint is pursued against an otherwise excellent officer. Ted’s decision is consistent with: a. utilitarianism b. ethical formalism c. ethics of care d. zero tolerance

ANS: A

6.

REF: p. 124

OBJ: LO 4

The suspect does file a complaint with Internal Affairs, and Ted is questioned about the incident. Ted tells the investigator that he observed nothing out of the ordinary: when he arrived at the scene the suspect was in custody and Roland was reading him his rights.

This is an example of: a. the blue curtain of secrecy b. discretion c. persuasion d. “dilemma of duty”

ANS: A

7.

REF: p. 121

OBJ: LO 4

When the case comes to trial, Ted maintains his story on the witness stand. This is known informally as: a. a blue screen b. discretion under oath c. “dilemma of duty” d. “testilying”

ANS: D

8.

REF: p. 119

OBJ: LO 4

Ted understands that committing perjury in this case is wrong, and technically qualifies as corruption. What type of corruption is this? a. “Noble cause” corruption b. Gratuitous corruption c. Legalistic corruption d. “Blue curtain” corruption

ANS: A

REF: pp. 118-119

OBJ: LO 4

Case 5.3 Our new police chief has determined that the strong police subculture and code of silence are detrimental to the department.

9.

According to the text, all of the following methods would help the new chief weaken the existing subculture EXCEPT:

a. Work with the police union to address officer issues b. Emphasize formal ethics training in the police academy c. Increase diversity in the force through new hires d. Use less severe punishments for officer misconduct

ANS: B

10.

REF: p. 128

OBJ: LO 5

If the chief institutes a policy to help officers with stress, anger, or substance abuse, rather than seek to terminate or punish them, this policy would be consistent with: a. blue curtain b. ethics of care c. noble cause d. managerial discretion

ANS: B

REF: p. 125

OBJ: LO 4

TRUE/FALSE

1.

The crime control paradigm of policing is most consistent with ethical formalism.

ANS: F

2.

REF: p. 106

OBJ: LO 1

Cohen and Feldberg believe that the justification for police power comes from natural law.

ANS: F

3.

OBJ: LO 3

The public service paradigm of policing is consistent with utilitarianism.

ANS: F

4.

REF: p.111

REF: p.106

OBJ: LO 1

One problem critics have with The Law Enforcement Code of Ethics is that it is focused more directly on the public servant role, as opposed to the crime fighter role.

ANS: T

5.

REF: p.116

OBJ: LO 3

The four themes found in formal codes are fairness, service, importance of law, and continuing education.

ANS: F

6.

REF: pp.115-116

OBJ: LO 3

According to Scheingold, the values of police subculture are like dominant American values, only they are more extreme.

ANS: T

7.

REF: p.118

OBJ: LO 4,5

Reuss-Ianni found that the informal subculture of police enforced the notion that managers were not to be trusted.

ANS: T

8.

OBJ: LO 4,5

Informal police subculture may be breaking down, in part because of police unions.

ANS: T

9.

REF: p.118

REF: p.126

OBJ: LO 5

Muir’s police types included the professional, the reciprocating officer, the enforcer, and the clean beat officer.

ANS: F

REF: p.113

OBJ: LO 2

10. 10. Brown and Muir both included the “peacemaker” officer in their typologies.

ANS: F

REF: p.113

OBJ: LO 2

11. 11. Loyalty to groups or persons is logical and based on fact, not emotion.

ANS: F

12.

REF: p.125

OBJ: LO 4

According to Packer’s crime control model, one of the key principles is that repression of criminal behavior is more important than procedural justice.

ANS: T

13.

REF: p.105

OBJ: LO 1

A perception of the police officer as public servant implies a much more restrictive view of the use of force and police power.

ANS: T

14.

REF: p.106

OBJ: LO 1

“Testilying” is the practice of lying to a suspect in order to elicit information or a confession.

ANS: F

15.

REF: p.119

OBJ: LO 4

In the early days of American policing, the police performed social services such as housing indigents and running soup kitchens.

ANS: T

REF: p.107

OBJ: LO 1

FILL-IN-THE-BLANK

1.

An unquestionable entitlement to be obeyed that comes from fulfilling a specific role is called

ANS: authority

.

REF: p.111

OBJ: LO 2

2.

The term

means to have the power to make a decision

between two or more choices.

ANS: discretion

3.

REF: p. 112

A program where officers and community members form partnership to prevent crime is called a

program.

ANS: community policing

4.

REF: p.109

REF: p.117

.

OBJ: LO 4

The responsibilities that are attached to a specific role are called

ANS: duties

6.

OBJ: LO 1

A perception that everyone is weak or corrupt is called

ANS: cynicism

5.

OBJ: LO 2

REF: p.112

.

OBJ: LO 2

The term used to describe the use of physical power to overcome the will of another individual is

ANS: force

.

REF: p.111

OBJ: LO 2

7.

The use of signs, symbols, words, and arguments to induce compliance is called .

ANS: persuasion

8.

REF: p.111

OBJ: LO 2

is the right, inherent in a role, to use any means to overcome resistance.

ANS: power

9.

10.

REF: p.111

OBJ: LO 2

Since the police are paid from the public purse and are expected to serve the public good, they are considered

.

ANS: public servants

REF: p.105

OBJ: LO 1

The law enforcement approach whereby small violations and ordinances are enforced to the maximum with the expectation that this will reduce more serious crime is called the policy.

ANS: zero-tolerance

11.

REF: p.106

OBJ: LO 1,2

The idea that just about any practices are allowed in the pursuit of crime control is justified by a

ANS: utilitarian

view of ethics.

REF: p.106

OBJ: LO 1

12.

were divisions within some police departments that spied on organizations thought to be promoting socialism.

ANS: Red squads

13.

REF: p.108

OBJ: LO 1

Because community policing results in more personal, one-on-one interaction between individual officers and members of the public, there is an increased likelihood of .

ANS: gratuities

14.

REF: p.109

OBJ: LO 1

An element of the police subculture is that some police see themselves as a

, due

in part to low pay.

ANS: victim

15.

REF: p.117

OBJ: LO 4

Improper police behavior in the pursut of fighting crime, such as falsifying information to obtain a warrant, is known as

ANS: noble-cause

ESSAY

corruption.

REF: p.118

OBJ: LO 4

1.

Explain the public servant role and the crime fighter role and why the two may be inconsistent.

ANS: answer not provided

2.

OBJ: LO 1

Compare and contrast the due process model and crime control model.

ANS: answer not provided

3.

REF: pp.104-107

REF: p. 105-106

OBJ: LO 1

Discuss what potential ethical issues arise with community policing. Why might community policing act as an “insulator” against unethical behavior?

ANS: answer not provided

4.

OBJ: LO 1

List and discuss Klockars’ four elements of police control.

ANS: answer not provided

5.

REF: p.109

REF: pp.111

OBJ: LO 2

Explain how the social contract is the source of police power and explain the elements or characteristics of policing that logically flow from such power.

ANS: answer not provided

REF: pp.111-112

OBJ: LO 3

6.

Describe the elements of the formal code of ethics and contrast them with the values of the police subculture.

ANS: answer not provided

7.

REF: p.115-116

OBJ: LO 4

List and discuss Brown’s typology of police styles. Discuss it compared to Muir’s typology.

ANS: answer not provided

8.

REF: p.117

OBJ: LO 4

Explain the forces that have had the effect of reducing police subculture.

ANS: answer not provided

10.

OBJ: LO 2

Describe Sherman’s police “values.”

ANS: answer not provided

9.

REF: p. 113

REF: pp.126-127

OBJ: LO 5

Describe Wilson and Brown’s typologies of police and explain how each might perceive the role of discretion.

ANS: answer not provided

CHAPTER 6 – Test Bank

REF: pp.112-113

OBJ: LO 2

MULTIPLE CHOICE

1.

Which of the following statements is false? a. Most studies indicate that blacks express more distrust of police than whites or Hispanics. b. Blacks are more likely than Hispanics to believe police will use excessive force. c. More blacks report disrespectful language or swearing by police officers. d. Hispanics are less likely than blacks to report feeling that the police would treat them fairly.

ANS: D

2.

REF: pp. 138-139

OBJ: LO 1

In May 2010, Arizona passed a controversial law requiring police officers in the state to: a. ask for proof of citizenship or residency from everyone they stopped b. ask for proof of citizenship or residency from all motorists c. ask for proof of citizenship or residency if there was reasonable suspicion that the person was an illegal immigrant d. ask for proof of citizenship or residency if the person looked Hispanic

ANS: C

3.

REF: p. 140

OBJ: LO 1

“The ‘end’ of drug interdiction justifies the ‘means’ of harassing and inconveniencing a racial or ethnic minority group.” This statement is most likely to be supported by:

a. an ethical formalist system b. a utilitarian system c. a relativist system d. a rational system

ANS: B

4.

REF: p. 143

OBJ: LO 1

In Barker and Carter’s typology of lies, accepted lies are:

a. those that are “necessary evils” b. used to control the person c. those used during undercover investigations d. never acceptable in police work

ANS: C

5.

REF: p. 144

OBJ: LO 2

Barker and Carter proposed a typology of lies that included: a. deviant lies b. blue lies c. necessary lies d. placebo lies

ANS: A

6.

REF: p. 144

OBJ: LO 2

In Barker and Carter’s proposed typology of lies, tolerated lies are: a. those that are “necessary evils”

b. used to control the person c. those used during undercover investigations d. never acceptable in police work

ANS: A

7.

REF: p. 144

OBJ: LO 2

According to Barker and Carter, accepted lies must meet all of the following standards except: a. they must be in furtherance of a legitimate organizational purpose. b. there must be a clear relationship between the need to deceive and the accomplishment of an organizational purpose. c. the nature of the deception must be one wherein officers and the management structure acknowledge that deception will better serve the public interest than the truth. d. those involved in the lie must readily admit lying if prompted by a superior officer or legal authority.

ANS: D

8.

REF: p. 144

OBJ: LO 2

Lies that are used to control the person or to make the job easier in situations where force could be used are called: a. deviant lies b. blue lies c. tolerated lies d. accepted lies

ANS: B

REF: p. 144

OBJ: LO 2

9.

According to Klockars, lying to a mentally ill person by telling him/her that the police will take care of laser beams from Mars is an example of: a. blue lies b. deviant lies c. police placebos d. tolerated lies

ANS: C

REF: p. 144

OBJ: LO 2

10. 10. Which of the following is not included in Barker and Carter’s typology of lies? a. Accepted Lies b. Deviant Lies c. Normative Lies d. Tolerated Lies

ANS: C

REF: pp.144

OBJ: LO 2

11. 11. In Barker and Carter’s proposed typology of lies, deviant lies are: a. those that are “necessary evils” b. used to control the person c. those used during undercover investigations d. those used in the courtroom to make a case or cover up a wrongdoing

ANS: D

REF: p. 144

OBJ: LO 2

12.

Civilians who are used to obtain information about criminal activity and/or participate in it so evidence can be obtained for an arrest are called: a. snitch b. informants c. tattlers d. witness

ANS: B

13.

REF: p. 146

OBJ: LO 2

Which of the following statements is true? a. One of the biggest problems with informants is that their reliability is highly questionable. b. In most cases, officers have manufactured informants. c. Generally speaking, informants tend to be cost-prohibitive. d. “Confidential informants” are usually more trustworthy than witnesses.

ANS: A

14.

REF: p. 148

OBJ: LO 2

The strongest ethical argument against undercover officers having intimate relationships with suspects comes from: a. utilitarianism b. ethical formalism c. ethics of care d. religion

ANS: C

15.

REF: pp. 149-150

OBJ: LO 2

According to South, some of the ethical problems with informants include all except: a. engaging in love affairs with informants b. overestimates of veracity c. being used by informants d. informant being killed

ANS: D

16.

REF: p.148

OBJ: LO 2

The term entrapment refers to when an otherwise innocent person commits an illegal act because: a. of police encouragement or enticement. b. they were told by police that it was not against the law. c. he or she was forced to do so by a police officer. d. they were trapped in the location.

ANS: A

17.

REF: p. 150

OBJ: LO 2

There are two approaches used to determine whether entrapment has occurred: a. the primary and the secondary approaches b. the objective and the subjective approaches c. the before- and after-the-fact approaches d. whether entrapment has occurred cannot be determined

ANS: B

18.

REF: p. 150

OBJ: LO 2

approach examines the government’s participation and

The

whether it has exceeded accepted legal standards to determine in entrapment occurred. a. secondary b. objective c. subjective d. primary

ANS: B

19.

REF: p. 150

OBJ: LO 2

approach looks at the defendant’s background, character,

The

and predisposition toward crime to determine if entrapment occurred. a. secondary b. objective c. subjective d. primary

ANS: C

20.

REF: p. 150

OBJ: LO 2

Which approach to determine entrapment has the U.S. Supreme Court endorsed? a. the objective approach b. the subjective approach c. the combined approach d. the U.S. Supreme Court has not endorsed any approach as of yet

ANS: B

21.

REF: p. 150

OBJ: LO 2

According to the objective approach, if the state provided an “essential element” that made the crime possible, or if there was extensive and coercive pressure on the defendant to engage in criminal actions, a court might rule that: a. the defendant was guilty b. the case can move to the trail stage c. entrapment had occurred d. entrapment had not occurred

ANS: C

22.

REF: p. 150

OBJ: LO 2

The continuum-of-force approach allows the officer to. a. overwhelm the suspect with force to deter resistance. b. employ increasing levels of force in direct response to escalating resistance of the suspect. c. call for assistance from additional officers if a suspect is unruly. d. remain at a safe distance from a violent suspect until backup arrives.

ANS: B

23.

REF: p.164

OBJ: LO 4

In terms of undercover operations, ethical formalism would most likely: a. condemn undercover operations where innocent people are deceived because the actions could not be justified under the categorical imperative. b. support undercover operations even if innocent people are deceived or involved in any other way. c. support undercover operations under any circumstances.

d. allow undercover operations only if the general community supported them at that time.

ANS: A

24.

REF: p. 151

OBJ: LO 2

Which of the following statements about interrogations is true? a. the “third degree” approach involves a sympathetic paternal figure for the defendant to confide to b. the “third degree” is only used in extreme cases c. the “third degree” is no longer legitimate d. the father confessor approach typically involves physical force

ANS: C

25.

REF: p. 153

OBJ: LO 3

The classic father confessor approach to interrogations involves: a. physical force in the form of beatings to get a confession b. a sympathetic figure for the defendant to confide to c. a nice guy and a seemingly brutal, threatening officer d. a nice guy and a seemingly uncaring, withdrawn officer

ANS: B

26.

REF: p. 155

OBJ: LO 3

The use of physical force to obtain a conviction became illegal with: a. Diaz v. Texas b. Bartley v. Montana

c. Brown v. Mississippi d. Miranda v. Connecticut

ANS: C

27.

REF: p. 153

OBJ: LO 3

The most common reasons for false convictions include all of the following EXCEPT: a. inaccurate reporting in the media b. false confessions c. inaccurate eyewitness identifications d. mishandled evidence

ANS: A

28.

REF: p. 156

OBJ: LO 3

Which of the following statements about use-of-force statistics is false? a. It is difficult to determine the true number of incidents of excessive force because they often do not find their way into official statistics. b. Researchers use civil rights complaints to ask people what their experiences with police have been. c. Researchers use official documents, such as police incident reports, to help guide them. d. The vast majority of people believe that excessive force is used fairly frequently.

ANS: D

29.

REF: p. 167

OBJ: LO 4

Which one of the following incidents is an example of deadly force?

a. the Rodney King incident b. the Amadou Diallo incident c. the Abner Louima incident d. the Michael Mineo incident

ANS: B

30.

REF: p. 168

OBJ: LO 4

According to research provided in the text, which of the following is not a factor associated with the use of force by police? a. Time of year (season) b. Suspect’s mental illness c. Suspect’s gang membership d. Presence of onlookers

ANS: A

REF: p. 159 OBJ: LO 5

CRITICAL THINKING

Case 6.1 Midland County has become a major thoroughfare for distributors of crystal methamphetamine.

Sheriff Johnson has put together a profile of meth dealers and distributors, specifically identifying their tendency to travel by motorcycle or older-model van, and noting they often sport tattoos and facial hair. He has instructed his deputies to be on the lookout for people matching this profile.

1.

When challenged, Sheriff Johnson explained that the goal of protecting society by interdicting illegal drugs outweighs the inconvenience suffered by innocent people who may be stopped and harassed. This explanation represents which ethical system? a. Utilitarianism b. Universalism c. Ethics of care d. Ethical formalism

ANS: A

2.

REF: p. 143

OBJ: LO 1

A citizen who objects to the Sheriff’s plan points out that he might dismiss it as an ‘inconvenience’ to innocent people, but that he would probably not agree that he himself and members of his family should be subjected to such suspicion and treatment. This citizen is making the

argument against the policy.

a. utilitarian b. pretext c. legalistic d. universality

ANS: D

3.

REF: p. 143

OBJ: LO 1

The practice of stopping motorists who meet the profile for a minor infraction, with the hope of catching some in possession of methamphetamine, is known as: a. proactive investigation b. reactive investigation c. pretext stop d. Terry stop

ANS: C

4.

REF: p. 141

OBJ: LO 1

Research presented in the text indicates that while many people would oppose such a use of profiling for the purpose of drug interdiction, they would support the same process if it were a response to

.

a. terrorism b. court order c. citizen suggestion d. prostitution

ANS: A

REF: p. 143

OBJ: LO 1

Case 6.2 Prior to the 2004 Republican convention in New York, undercover officers infiltrated activist groups that they believed might cause problems during the convention. Officers attended meetings, made friends, signed petitions, and then reported on the group’s activities to supervisors.

5.

In order to support such a plan from a utilitarian viewpoint, all of the following must be true, except: a. the process of undercover intelligence gathering must be a plausible way to achieve the desired outcome b. there must be no better alternative to achieve the goal of collecting the intelligence c. the gathering of this intelligence must be more important to society than the privacy of the people in the targeted groups

d. the general community must be consulted and indicate its approval

ANS: D

6.

REF: p. 151

OBJ: LO 2

All of the following ethical systems would reject this plan, except a. utilitarianism b. ethical formalism c. religious ethics d. legalistic ethics

ANS: A

7.

REF: p. 151

OBJ: LO 2

The operation described in this case can be described as a(n)

.

a. informal inquiry b. proactive investigation c. reactive investigation d. pretext investigation

ANS: B

REF: p. 144

OBJ: LO 1

Case 6.3 A bomb exploded at the 1996 Olympic Games in Atlanta, Georgia, killing one and wounding more than 100. The FBI conducted an investigation and within days, Richard Jewell was identified as a suspect. After several months, the Justice Department announced that Jewell was no longer a suspect. Jewell was publicly scorned, and followed incessantly by the media and law

enforcement for the three months that he was believed to be the bomber. Evidence in the case was interpreted in such a way as to support the idea that Jewell was guilty. For example, Jewell was known to have seen the bag containing the bomb before it detonated, and moved people from the area. This life-saving act was seen as evidence that he was the bomber, because the investigators believed that he had planted the bomb in order to be able to be seen as a hero for saving people.

8.

According to the author, the tendency to ignore contrary evidence or overstate existing evidence when investigators believe they have identified the guilty party is a practice of a. all investigators b. prejudiced or racist investigators c. ethical formalists d. utilitarian ends-oriented investigators

ANS: D

9.

REF: p. 153

OBJ: LO 3

In this case, the FBI was under intense scrutiny from the public, which demanded a resolution to the investigation. This public pressure may have led to the premature naming of a suspect. When investigators are committed to a conclusion, they may be tempted to engage in “

” corruption and alter evidence to ensure a

conviction. a. blue-curtain b. reactive c. pretext d. noble-cause

ANS: D

REF: p. 151

OBJ: LO 3

10.

The operation described in this case can be described as a(n)

.

a. informal inquiry b. proactive investigation c. reactive investigation d. pretext investigation

ANS: C

REF: p. 151

OBJ: LO 3

TRUE/FALSE

1.

In asset forfeiture cases, most property is seized through civil asset forfeiture actions which require less due process than criminal procedures.

ANS: T

2.

REF: p.145

OBJ: LO 2

Telling a complainant that a tinfoil helmet will stop “gamma rays” from “messing up” his brain is an example of a police placebo lie.

ANS: T

3.

REF: p.144

OBJ: LO 2

Police are required to divulge the name of the informant on affidavits for search warrants unless there is evidence that revealing the informant’s identity would be dangerous.

ANS: F

4.

OBJ: LO 2

The use of informants is guided by CALEA standards.

ANS: T

5.

REF: p.148

REF: p.148

OBJ: LO 2

The fact that the suspect had a prior history of committing the same crime would be considered significant in the subjective test for entrapment.

ANS: T

6.

REF: p.150

OBJ: LO 2

Schoeman, in criticizing the exploitation of personal relationships in undercover operations, argues from a utilitarian perspective.

ANS: F

7.

REF: p.149

OBJ: LO 2

Thirteen convictions in death penalty cases in Illinois were later overturned when evidence indicated that the convicted might be innocent or, at the very least, did not receive due process.

ANS: T

8.

REF: p.157

OBJ: LO 3

Deontological ethics would focus on the duty of the officer when determining whether physical coercion or deception is ethically justified.

ANS: T

9.

REF: p. 157 OBJ: LO 4

Research indicates that lack of empathy and antisocial and paranoid tendencies are associated with police officers who use greater than average amounts of force.

ANS: T

10.

REF: p. 159 OBJ: LO 4

The U.S. Supreme Court has defined legal force as the force which is objectively reasonable.

ANS: T

11.

REF: p. 158

OBJ: LO 4

Research indicates that use-of-force incidents are evenly distributed among all patrol officers.

ANS: F

12.

REF: pp. 158-159

OBJ: LO 4

A “CED” is a formal complaint procedure resulting from an incident of excessive force.

ANS: F

REF: p. 162

OBJ: LO 4

13.

Research shows that having a black chief in charge of a police department seems to moderate the level of distrust of blacks in the community.

ANS: T

14.

REF: p. 138

OBJ: LO 1

Entrapment occurs when an otherwise innocent person commits an illegal act because of police encouragement or enticement.

ANS: T

15.

REF: p. 150

OBJ: LO 2

Most ethical dilemmas that police officers face derive from their powers of discretion.

ANS: T

REF: p. 136

OBJ: LO 1

FILL-IN-THE-BLANK

1.

, as defined by Klockar, are lies that are told to make a job easier or to control a person.

ANS: “Blue lies”

REF: p.144

OBJ: LO 2

2.

Klockars’ concept of

refers situations in which the police office’s

lie is in the best interest of those being lied to.

ANS: placebos

REF: p. 144

3.

OBJ: LO 2

are civilians who are used to obtain information about criminal activity and/or participate in it so that evidence can be obtained for an arrest.

ANS: Informants

4.

REF: p.146

The term

OBJ: LO 2

refers to a situation where an otherwise innocent person is

enticed or encouraged by police to commit a crime.

ANS: entrapment

5.

REF: p.150

OBJ: LO 2

of entrapment is a test that determines an offender’s

The

predisposition to commit a crime to determine if the police created the crime.

ANS: subjective approach

6.

REF: p. 150

OBJ: LO 2

When forensics labs “make up” scientific results it is referred to as .

ANS: drylabbing

7.

REF: p. 153

- oriented thinking is a type of utilitarian thinking.

ANS: Ends

8.

REF: p. 153

OBJ: LO 3

The Supreme Court held that the test used for whether or not force was excessive should be “

.”

ANS: objective reasonableness

9.

OBJ: LO 3

REF: p. 158

OBJ: LO 4

The frequency of use--of--force events varied by region, with the highest in the .

ANS: South

10.

The

REF: p. 158

OBJ: LO 5

_ approach allows proportional force to the suspect’s resistance,

with increasing levels of force by the officer in direct response to escalating resistance of the suspect.

ANS: continuum--of—force

REF: p. 164

OBJ: LO 5

11.

is the type of control that allows police officers to use non–physically coercive means to achieve their goal, including the use of deception.

ANS: Persuasion

12.

A“

REF: p. 136

OBJ: LO 1

” refers to the practice of police officers to use some minor traffic

offense to stop the individual and, in the course of the traffic stop, look for evidence of wrongdoing.

ANS: “pretext stop”

13.

REF: p. 141

OBJ: LO 1

was the landmark Supreme Court case that resulted in the requirement of prosecutors to disclose potentially exculpatory information to the defense.

ANS: Brady v Maryland

14.

In

REF: p. 145

OBJ: LO 2

police investigations, police officers initiate investigations rather than

simply respond to crimes.

ANS: proactive

15.

REF: p. 144

OBJ: LO 2

are especially prone to psychological manipulation.

ANS: Juveniles

REF: p. 156

OBJ: LO 3

ESSAY

1.

List and discuss the three standards that accepted lies must meet.

ANS: answer not provided

2.

REF: pp. 144-145

OBJ: LO 2

Explain some of the reasons why an innocent suspect might confess to a crime.

ANS: answer not provided

4.

OBJ: LO 2

List and discuss the types of police lies described by Klockars. Give examples.

ANS: answer not provided

3.

REF: p. 144

REF: pp. 155-156

OBJ: LO 3

List and describe the ethical problems of using informants summarized by South.

ANS: answer not provided

REF: pp. 147-148

OBJ: LO 2

5.

List and discuss the two approaches used to determine whether entrapment has occurred.

Give an example of each.

ANS: answer not provided

6.

REF: p. 141

OBJ: LO 1

Define and describe what is meant by ‘reactive investigations.’ Give an example.

ANS: answer not provided

8.

OBJ: LO 2

Explain the constitutional issues associated with ethnic or racial profiling.

ANS: answer not provided

7.

REF: p. 150

REF: pp. 151-152

OBJ: LO 3

Compare and contrast the “third degree,” the father confessor,” and the “good cop/bad cop” approaches to police investigations.

ANS: answer not provided

9.

REF: pp. 153-155

OBJ: LO 3

List and discuss the psychological traits associated with officers that are likely to use excessive force.

ANS: answer not provided

REF: p. 159

OBJ: LO 5

10.

Discuss what the law says about the use of force by police officers.

ANS: answer not provided

REF: pp. 157, 161

OBJ: LO 4

CHAPTER 7 – Test Bank

MULTIPLE CHOICE

1.

The term Baksheesh is a euphemism for: a. bribes

b. protection money c. graft d. rewards

ANS: C

2.

REF: p. 175

OBJ: LO 1

In terms of police corruption, the so-called “Queensland model” has become the most

well-known: a. ethical model b. integrity model c. utilitarian model d. critical model

ANS: B

REF: p. 175

OBJ: LO 1

3.

According to the text, citizens from which country report trusting their police more any other professional group? a. Denmark b. Canada c. Britain d. Finland

ANS: D

4.

REF: p. 177

OBJ: LO 1

The Knapp Commission coined the term “grass eaters” to refer to officers who did all of the following except: a. took offered bribes b. took offered gratuities c. picked up merchandise at a crime scene d. accepted unsolicited protection money

ANS: C

5.

REF: p. 178

OBJ: LO 1

The term grass eaters refers to police officers in: a. New York City officers who accepted bribes, gratuities and protection money b. Boston officers who sold their services to the highest bidders c. Los Angeles officers who “shopped” at burglary scenes d. Chicago officers who used marijuana on a regular basis

ANS: A

REF: p. 178

OBJ: LO 1

6.

A study of police ethics around the world revealed that in the United States, the offense considered most serious by the officers surveyed was: a. accepting bribes b. accepting kickbacks c. stealing from a crime scene d. lying under oath

ANS: C

7.

REF: p. 186

OBJ: LO 3

Barker and Carter proposed that police abuse of authority comes in all of the following areas except: a. physical abuse b. psychological abuse c. legal abuse d. sexual abuse

ANS: D

8.

REF: p. 178

OBJ: LO 1

According to Barker and Carter, harassment and ridicule are examples of which of the following types of abuse? a. physical abuse b. psychological abuse c. legal abuse d. sexual abuse

ANS: B

9.

REF: p. 178

OBJ: LO 1

According to Barker and Carter, unlawful searchers or seizures are examples of which of the following types of abuse? a. physical abuse b. psychological abuse c. legal abuse d. sexual abuse

ANS: C

10.

REF: p. 178

OBJ: LO 1

Some new officers experience cynicism when they encounter citizen disrespect, bureaucratic barriers, and the realities of the justice system. This can lead them to distrust the department’s administration and the citizens of the community, leaving them more prone to corruption. This process is known as the

a. spiral of cynicism b. disillusionment process c. chain of corruption d. continuum of compromise

ANS: D

11.

REF: p. 201

OBJ: LO 4

Which of the following is not one of the “Big Five” personality traits? a. punctuality b. extroversion c. openness

d. conscientiousness

ANS: A

12.

REF: p. 203

OBJ: LO 5

Fyfe and Kane discuss three types of police misconduct including all of the following except: a. police crime b. police corruption c. abuse of power d. abuse of authority

ANS: D

13.

REF: pp. 178-179

OBJ: LO 1

According to Fyfe and Kane, conduct-related probationary failures is: a. the use of excessive force, psychological abuse, or discrimination b. all offenses except those that are drug-related with the goal of profit c. simple failure to meet job expectations d. violating one or more departmental rules

ANS: C

14.

REF: p. 179

OBJ: LO 1

According to Fyfe and Kane, on-duty abuse is: a. the use of excessive force, psychological abuse, or discrimination b. all offenses except those that are drug-related with the goal of profit c. simple failure to meet expectations

d. violating one or more departmental rules

ANS: A

15.

REF: p. 179

OBJ: LO 1

Items of value received by an individual because of his or her role or position rather than because of a personal relationship with the giver are called: a. pay offs b. gratuities c. bribes d. rewards

ANS: B

16.

REF: p. 179

OBJ: LO 2

Kania believes that gratuities should be allowed because: a. officers don’t make much money. b. they cement social bonds. c. they are in payment for special services. d. they are without cost.

ANS: B

17.

REF: p.180

OBJ: LO 2

The two major arguments against gratuities are the slippery slope argument and the: a. anti-utilitarian argument b. blue erosion argument c. unjust enrichment argument

d. anti-bribe argument

ANS: C

18.

REF: p. 180

OBJ: LO 2

An important distinction between a gift and a gratuity is that a gift is: a. clearly given with expectations of reciprocity b. clearly given with no strings attached c. something that can only be given to an off duty police officer d. something that is received from someone recently arrested

ANS: B

19.

REF: p. 183

OBJ: LO 2

The practice of not ticketing an officer who is stopped for speeding or for other driving violations is called: a. blue gratuity b. professional gift c. professional courtesy d. blue graft

ANS: C

20.

REF: p. 184

OBJ: LO 3

Which of the following is not considered graft? a. bribes b. protection money c. taking merchandize from a crime scene

d. rewards for referring certain bail bondsmen

ANS: C

21.

REF: p. 186

OBJ: LO 3

In Barker and Carter’s study, they found that up to what percent of police may have used drugs on duty? a. 20 b. 2 c. 10 d. 40

ANS: A

22.

REF: p. 185

OBJ: LO 1

According to Carter, the elements of police work that can lead to drug use include all of the following except: a. exposure to a criminal element b. time spent in traffic patrol duties c. relative freedom from supervision d. uncontrolled availability of contraband

ANS: B

23.

REF: p. 185

OBJ: LO 1

Graft is defined as the exploitation of one’s role by: a. utilizing excessive force while arresting someone b. utilizing excessive force to obtain a confession

c. accepting free coffee from convenience stores d. accepting bribes or protection money

ANS: D

REF: p. 186

OBJ: LO 3

24. 24. In studies of sexual harassment, what percent of female officers reported being

victimized? a. 30 percent b. 70 percent c. 10 percent d. 50 percent

ANS: B

REF: p.188

OBJ: LO 1

25. 25. The Buddy Boys operated in which city?

a. New York b. L.A. c. Boston d. Detroit

ANS: A

26.

REF: p.192

OBJ: LO 3

According to the text, explanations of corruption include all of the following except: a. individual explanations b. institutional explanations c. sub-cultural explanations d. systemic explanations

ANS: C

27.

REF: p. 196

OBJ: LO 4

In his “corruption continuum,” Trautman argues that organizations create unethical employees through several steps. Which of the following is not one of these steps? a. ignoring obvious ethical problems b. perceived sense of victimization c. survival of the fittest d. hypocrisy and fear-dominated culture

ANS: B

REF: p. 201

OBJ: LO 4

28. 28. Research on excessive force finds that:

a. It is a widespread problem. b. It seems to be an activity that is disproportionally engaged in by a small number. c. It is increasing. d. It is particularly a problem in the south.

ANS: B

Ref: p.205

OBJ: LO 5

29. 29. The “rotten bushel” explanation is which type of explanation for police deviance?

a. Societal b. Organizational c. Individual d. Philosophical

ANS: C

30.

REF: p.197

OBJ: LO 4

Lack of background checks, poor internal discipline procedures, and poor supervision are all examples of what type of explanations for police deviance? a. Societal b. Organizational c. Individual d. Philosophical

ANS: B

REF: pp.200-201

OBJ: LO 4

CRITICAL THINKING

Case 7.1 You are an Internal Affairs officer investigating corruption in the city police department. You have been assigned to ride along as a partner to Officer Jones, who has a reputation for being corrupt. Officer Jones has been told that you are a patrol officer who has been transferred from another district within the department.

1.

While on patrol, Officer Jones stops a car for speeding and running a red light. You observe the interaction between Officer Jones and the driver. Jones allows the driver to leave without penalty. When you ask why he gave the driver a break, Jones tells you that the driver turned out to be a fellow police officer. By letting him go without a citation, Jones has demonstrated which type of corruption?

a. Graft b. Gratuity c. Abuse of power d. Professional courtesy

ANS: D

2.

Ref: p.184

OBJ: LO 3

At break time, you and Officer Jones stop for coffee and a snack at a local diner. When it is time to return to patrol, you are surprised to see Officer Jones get up and leave without paying. He explains that the owner of the diner doesn’t charge police officers, which is why he chose that particular diner. This is an illustration of: a. graft. b. gratuity. c. abuse of power. d. professional courtesy.

ANS: B

3.

Ref: pp.179-180

OBJ: LO 2

While on patrol, Officer Jones notices a car that is parked illegally. He uses his cell phone to call a towing company, identifying himself as a “friend” on the phone. When the tow truck arrives, the driver thanks Officer Jones for calling in the job, and discreetly hands him a twenty-dollar bill. This is an example of: a. graft. b. gratuity. c. abuse of power. d. professional courtesy.

ANS: A

4.

Ref: p.186

OBJ: LO 3

If any of these examples were arranged specifically to observe Officer Jones to see how he would react to an opportunity for misconduct, the activity would be an example of a: a. graft check. b. corruption review. c. random integrity test. d.

targeted integrity test.

ANS: D

Ref: p.205

OBJ: LO 5

Case 7.2 After completing your observations of Officer Jones, you are asked to summarize your observations for a study being conducted by an ethicist studying police behavior.

5.

In the above example regarding the driver who ran the red light, we could say that Jones’ actions were unethical because he had a duty to enforce the law. This viewpoint would be consistent with a

ethical system.

a. deontological b. teleological c. ethics of care d. ethics of virtue

ANS: A

Ref: p.184

OBJ: LO 3

6.

Let’s assume that the driver turned out to be an undercover police officer who was engaged in surveillance. Jones intended at first to write a citation. However, when he found out the driver was an officer, he decided to let him go, so that the undercover officer would not have attention drawn to him while Jones wrote the citation. Jones decided that letting the officer go would best serve the greater good. This would be consistent with: a. universality b. professional courtesy c. utilitarianism d. deontology

ANS: C

7.

Ref: pp.184-185

OBJ: LO 1,3

Assume that the waitress at the diner was new, and did not know about Officer Jones’ arrangement with the owner. She brought a check for the food and coffee, and Officer Jones grudgingly paid. Because the choice of the diner was motivated by Officer Jones’ desire for a free meal, _

would consider his actions immoral even though

he paid. a. universality b. ethical formalism c. utilitarianism d. teleological ethics

ANS: B

Ref: p.183

OBJ: LO 2

Case 7.3 You have been hired to consult with the new chief of a police department that has been fraught

with complaints of officer misconduct.

8.

The chief explains that the department has its own section dedicated to monitoring the department’s officers and investigating complaints. This is known as a. the self-policing model b. the internal affairs model c. a consent decree d. the “rotten barrel” scenario

ANS: B

9.

Ref: p.206

OBJ: LO 5

After reviewing the reports of officer misconduct, you determine that they seem to be individual acts for the most part. You recommend an improved screening process, random integrity tests, and a process of reviewing use-of-force reports in order to detect possible warning signs. This approach is known as a a. rotten apple b. rotten barrel c. consent decree d. “Big Five”

ANS: A

Ref: pp.203-204

OBJ: LO 5

response.

10.

You draft recommendations to improve the hiring process. You advise the chief that one particular category of recruits was more likely to be terminated during probation. Which group is this? a. Female recruits b. Recruits with only a high-school diploma c. Recruits with military experience d. Recruits under the age of 22.

ANS: D

Ref: p.199

OBJ: LO 4

TRUE/FALSE

1.

Studies indicate that gratuities do not influence the way that officers patrol.

ANS: F

2.

REF: p.184

OBJ: LO 2

In the NYC study, it was found that women were much less likely than men to be fired for cause.

ANS: F

REF: p.199

OBJ: LO 4

3.

Transparency International finds that the country with the highest integrity scores for their law enforcement agencies include the United States.

ANS: F

4.

REF: pp. 176-177

OBJ: LO 1

In the international study of police integrity, officers in the United States rated bribery as the most serious form of misconduct.

ANS: F

5.

REF: p.186

OBJ: LO 3

Kania believes that every officer goes through a slippery slope where small lapses lead to larger acts of corruption.

ANS: F

6.

OBJ: LO 2

A gift is different from a gratuity.

ANS: T

7.

REF: p.180

REF: p.183

OBJ: LO 2

In Macintyre and Prenzler’s study of whether police officers would issue a ticket to a business owner who gave them gratuities, less than half said they would issue the ticket.

ANS: T

8.

REF: p.184

OBJ: LO 2

Research shows that there is no relation between an officer’s level of education and the number of citizen complaints received.

ANS: F

9.

OBJ: LO 4

Ref: p.201

OBJ: LO 4

All American police departments have strict “no gratuities” policies.

ANS: F

12.

REF: p.201

Gilmartin and Harris coined the term “continuum of compromise.”

ANS: T

11.

OBJ: LO 4

Noble-cause corruption is a type of organizational level explanation for police deviance.

ANS: T

10.

REF: p.199

REF: p.183

OBJ: LO 2

According to a 2006 study of police in New York City, the most common reason for termination was a failed drug test.

ANS: T

13.

REF: p.186

OBJ: LO 3

Police officers with criminal records for sexual offenses are prevented from obtaining law enforcement positions in other jurisdictions.

ANS: F

14.

REF: p.188

OBJ: LO 3

Greene’s study showed that the area an officer patrols is associated with the likelihood of receiving discipline, complaints, or becoming involved in police shootings.

ANS: T

15.

REF: p.199

OBJ: LO 4

An operation in which a police officer is placed in a position where he or she might be tempted to break a rule or a law and is monitored to see what he or she will do is known as a “graft check.”

ANS: F

REF: p.205

OBJ: LO 5

FILL-IN-THE-BLANK

1.

When one acts upon opportunities created by one’s authority for the purpose of personal gain at the expense of the public, it is called

.

ANS: corruption

2.

The term

REF: p.177

OBJ: LO 1

was used by the Knapp Commission to describe NYC

police officers who were taking bribes, gratuities, and unsolicited protection money and who were fairly passive in their deviant practices.

ANS: grass eaters

3.

The term

REF: p.178

OBJ: LO 1

was used by the Knapp Commission to describe

deviant NYC police officers who engaged in shakedowns, shopped at burglary scenes, and engaged in more serious practices.

ANS: meat eaters

4.

REF: p. 178

OBJ: LO 1

are items of value received by an individual because of his or her role or position rather than because of a personal relationship with the giver.

ANS: Gratuities

5.

The term

REF: p.179

OBJ: LO 2

was used by Ruiz and Bono to describe the situation

wherein officers are frequently offered gratuities.

ANS: “blue discount suit”

6.

REF: p.182

In order to find gratuities ethical,

OBJ: LO 2

would indicate that we must be

comfortable with a universal law allowing all businesses to give all police officers certain favors or gratuities

ANS: ethical formalism

7.

The term

REF: p. 183

OBJ: LO 2

refers to any exploitation of one’s role, such as

accepting bribes, protection money, or kickbacks.

ANS: graft

8.

REF: p.186

The New York City officers, called the

OBJ: LO 3

were involved in theft,

robbery, and selling drugs in the 1980’s.

ANS: “Buddy Boys”

9.

The

REF: p. 192

OBJ: LO 3

argument states that the officer alone was deviant and that

it was simply a mistake to hire him or her.

ANS: rotten-apple

REF: p. 197

OBJ: LO 4

10.

The idea that small unethical acts will lead to larger ones over time is called the argument.

ANS: slippery slope

11.

In 2010, prison officials in

REF: p. 204

OBJ: LO 4,5

allowed prisoners to leave and gave them guns

and cars so that they could kill rival cartel members before returning to the prison.

ANS: Mexico

12.

REF: p.176

OBJ: LO 3

involves actions where officers physically injure a citizen or offend a citizen’s sense of dignity.

ANS: Abuse of power

13.

REF: p.179

OBJ: LO 1

Conflict-of-interest laws recognize the reality that a public official’s

is

compromised after receiving things of value from stakeholders.

ANS: discretion

14.

REF: p.183

OBJ: LO 2

Exposure to a criminal element, relative freedom from supervision, and uncontrolled availability of contraband can lead to drug use, especially for officers engaged in work.

ANS: undercover

15.

REF: p.185

OBJ: LO 4

Regardless of formal ethical codes, police are influenced by the standards of behavior they observe in

ANS: their supervisors

.

REF: p.208

OBJ: LO 5

ESSAY

1.

List and discuss examples of law enforcement corruption in other countries.

ANS: answer not provided

2.

OBJ: LO 1

List and discuss Barker and Carter’s types of abuse.

ANS: answer not provided

3.

REF: pp. 175-177

REF: p.178

OBJ: LO 1

Compare and contrast ‘grass eaters’ and ‘meat eaters.’

ANS: answer not provided

4.

REF: p.178

OBJ: LO 1

Discuss the difference between on-duty and off-duty misbehavior by police, distinguishing between police corruption and police crime.

ANS: answer not provided

5.

REF: pp. 180-184

OBJ: LO 2

What are the arguments against gratuities? Provide examples.

ANS: answer not provided

7.

OBJ: LO 1,3

What are the arguments for the acceptance of gratuities?

ANS: answer not provided

6.

REF: pp. 179-180

REF: pp.180-184

OBJ: LO 2

What does research show concerning the number of officers who use drugs on duty?

Discuss the findings and their implications.

ANS: answer not provided

8.

REF: pp.185-186

OBJ: LO 3

Explain the “continuum of compromise” as it relates to police misconduct, including how it might help supervisors recognize warning signs. .

ANS: answer not provided

9.

REF: p.201

OBJ: LO 4,5

What are the individual, organizational, and societal level explanations for police officer deviance?

ANS: answer not provided

10.

REF: pp. 196-199

OBJ: LO 4

Discuss the research concerning use of force. What factors seem to be associated with it?

ANS: answer not provided

REF: pp. 199, 206-208

OBJ: LO 4

CHAPTER 8 – Test Bank

MULTIPLE CHOICE

1.

Positivist law refers to: a. those laws written and enforced by society b. the idea that principles of morals are inherent in nature c. the idea that law are not human made and are discovered by reason d. those laws that regulate natural rights

ANS: A

2.

REF: p. 216

OBJ: LO 2

Natural law refers to: a. those laws written and enforced by society b. the idea that principles of morals and rights are inherent in nature c. the idea that law is human made d. those laws that regulate innate but undesirable behavior

ANS: B

3.

REF: p. 216

OBJ: LO 2

Criminal law is also called: a. natural law b. positivist law c. corrective law d. human contract law

ANS: C

4.

REF: p. 217

According to

OBJ: LO 1

theory, each individual gives up some liberties

and, in return, is protected from others who have their liberties restricted as well. a. natural law b. social control c. social contract d. reciprocity

ANS: C

5.

REF: p. 217

OBJ: LO 1

According to Hobbes, Rousseau, and Locke, a social contract is between: a. the individual and God b. the individual and society c. the individual and mother earth d. the individual and the generalized others

ANS: B

6.

REF: p. 217

OBJ: LO 1

John Stuart Mill proposed the “harm principle,” which basically is the idea that every individual should: a. limit their behavior to that which is not harmful to any living thing b. be controlled by social institutions at all times to limit his/her ability to do harm c. be imprisoned for life if they harm others or themselves d. have the utmost freedom over their own actions unless they harm others

ANS: D

7.

REF: p. 217

OBJ: LO 1

Legal paternalism refers to: a. laws that protect children against their parents b. laws that protect societal morals c. laws that protect individual from hurting themselves d. laws that guarantee the rights of the father

ANS: C

8.

REF: p. 218

OBJ: LO 1

Which of the following is not a rule of legal paternalism? a. Laws should protect children and other people whose decision-making ability is impaired. b. Laws should restrict freedom only to the extent that is necessary to protect. c. Laws should restrict only actions that can produce serious and irreversible harm. d. Laws should allow private individuals to make decisions about private matters.

ANS: D

9.

REF: p.218

OBJ: LO 1

Legal moralism refers to: a. laws that protect children against their parents b. laws that protect societal morals c. laws that protect individual from hurting themselves d. laws that guarantee the rights of the father

ANS: B

10.

REF: p. 219

OBJ: LO 1

Legal moralism is used to justify laws against: a. prostitution b. speeding c. panhandling d. driving without a license

ANS: A

11.

REF: p.219

OBJ: LO 1

Lawrence v. Texas dealt with: a. prostitution b. pornography c. sodomy d. pedophilia

ANS: C

REF: p. 219

OBJ: LO 1

12. 12. Emile Durkheim is associated with which paradigm of law?

a. Consensus Paradigm b. Pluralism c. Conflict Paradigm d. Utilitarian Paradigm

ANS: A

REF: p.221

OBJ: LO 2

13. 13. Which of the following is not consistent with Consensus Paradigm?

a. Law unifies society. b. Crime is objectively defined. c. Law resolves conflicts fairly. d. Law is representative of the ruling classes only.

ANS: D

REF: pp. 221-222

OBJ: LO 2

14.

The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is most consistent with: a. the pluralist paradigm b. the conflict paradigm c. the consensus paradigm d. the repressive paradigm

ANS: C

15.

REF: p. 221

OBJ: LO 2

The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is most consistent with: a. the pluralist paradigm b. the conflict paradigm c. the consensus paradigm d. the repressive paradigm

ANS: B

16.

REF: p. 222

OBJ: LO 2

The concept that there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power is most consistent with: a. the pluralist paradigm b. the conflict paradigm c. the consensus paradigm d. the repressive paradigm

ANS: A

REF: pp. 224-225

OBJ: LO 2

.

17.

The concepts of mechanical solidarity and organic solidarity are most closely associated with the work of: a. Karl Marx b. Emile Durkheim c. Cesare Beccaria d. Jeremy Bentham

ANS: B

REF: p. 221

OBJ: LO 2

18. 18. The belief that loyalty to one’s client surpasses individual and private morality is

characteristic of: a. the legal agent position on the attorney-client relationship b. the moral agent position on the attorney-client relationship c. the special relationship position on the attorney-client relationship d. none of these is correct

ANS: A

REF: p. 231

OBJ: LO 4

19. 19. According to the conflict paradigm:

a. those who control major social institutions determine how crime is defined b. law arises from minority interest groups but coalitions and shared interests may shift the balance of power c. law serves as a tool of unification d. law contributes to the collective conscience by providing an example of deviance

ANS: A

20.

REF: p. 222

OBJ: LO 2

According to the pluralist paradigm: a. those who control major social institutions determine how crime is defined b. law arises from interest groups but coalitions and shared interests may shift the balance of power c. law serves as a tool of unification d. law contributes to the collective conscience by providing an example of deviance

ANS: B

21.

REF: p. 226

OBJ: LO 2

Pro bono legal services means: a. services one provides for one’s self (serving as one’s own lawyer) b. services provided for the benefit of society rather than one person c. services provided free of charge d. services provided by someone who is not a bar-approved attorney

ANS: C

22.

REF: p. 36

OBJ: LO 5

Which paradigm of law highlights the inequity of a capitalist system? a. Consensus Paradigm b. Pluralism c. Conflict Paradigm d. Utilitarian Paradigm

ANS: C

23.

REF: p.222

OBJ: LO 2

Which of the following is not a true statement about the pluralism paradigm? a. Law is representative of the ruling classes only. b. Interest groups influence law. c. Powerful groups in society define law. d. Power changes hands over time in a society.

ANS: A

REF: p.224, 226

OBJ: LO 2

24. 24. The approach in which each case is treated as one of many is called:

a. assembly line justice b. bureaucratic justice c. rational justice d. wedding-cake illustration justice

ANS: B

REF: p. 228

OBJ: LO 3

25. 25. The model of justice in which the largest portion of criminal cases forms the bottom

layers and the few serious cases form the top layer is called: a. assembly line justice b. bureaucratic justice c. rational justice d. wedding-cake illustration justice

ANS: B

26.

REF: p. 229

OBJ: LO 3

In Shaffer and Cochran’s typology, the guru: a. engages the client in moral dialogue and tries to convince client of proper course of action b. controls the client with his own moral compass as guide c. promotes clients’ interest above all others d. does what the client wants

ANS: B

REF: p. 231

OBJ: LO 4

27. 27. In Shaffer and Cochran’s typology, the godfather:

a. engages the client in moral dialogue and tries to convince client of proper course of action b. controls the client with his own moral compass as guide c. promotes clients’ interest above all others d. does what the client wants

ANS: C

28.

REF: p. 231

OBJ: LO 4

In Shaffer and Cochran’s typology, the hired gun: a. engages the client in moral dialogue and tries to convince client of proper course of action b. controls the client with his own moral compass as guide

c. promotes clients’ interest above all others d.

does what the client wants

ANS: D

29.

REF: p. 231

OBJ: LO 4

Cohen suggests some principles attorneys must follow to be considered moral. Which of the following is not one of these principles? a. treat others as ends in themselves and not as mere means to winning cases b. treat clients and other professional relations who are relatively similar in a similar fashion c. do not deliberately engage in behavior that is apt to deceive the court as to the truth d. share your clients’ information with your associates so they can help you make decisions

ANS: D

30.

REF: pp. 231

OBJ: LO 4

The Model Code of Judicial Conduct is organized into four canons including all of the following except: a. a judge shall uphold and promote the independence, integrity, and impartiality of the judiciary b. a judge shall perform the duties of judicial office impartially, competently, and diligently c. a judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office d. a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views

ANS: D

REF: p. 237

OBJ: LO 5

CRITICAL THINKING

Case 8.1 The dictator of a small country has been removed and a new government is forming. Among the first tasks for the new government is to review and revise the country’s laws.

1.

The country’s main industries are tourism and petroleum. A group representing the hospitality industry is participating in the law review process, as are groups representing the oil companies and military. The result of the process is that new laws allow the country’s hotels to add casinos (but only to be patronized by foreign visitors). Other new laws remove workplace restrictions for the oil companies and impose a requirement for all able-bodies males to serve in the military for two years. This scenario describes: a. the conflict paradigm b. the consensus paradigm c. the pluralist paradigm d. the Marxist paradigm

ANS: C

2.

REF: p.224, 226

OBJ: LO 2

Instead of the above scenario, the new leadership re-writes the rules so that the ethnic minorities in the country no longer have the right to vote. They also remove any restrictions against discriminatory practices, which will allow employers and landlords to

refuse jobs and housing to members of minorities. This scenario describes: a. the conflict paradigm b. the consensus paradigm c. the pluralist paradigm d. the Marxist paradigm

ANS: A

3.

REF: pp.222-224

OBJ: LO 2

Instead of the above scenarios, the new government institutes a policy that allows all adult citizens to vote for representatives who will make new laws and serve in government. This describes: a. the conflict paradigm b. the consensus paradigm c. the pluralist paradigm d. the Marxist paradigm

ANS: B

4.

REF: pp. 221-222

OBJ: LO 2

If the country’s population is relatively homogenous, defining morality and deviance will be easier for the new lawmakers. A common or collective conscience, in which each individual’s moral beliefs are indistinguishable from the whole is known as: a. organic solidarity b. mechanical solidarity c. Marxism d. Division of labor

ANS: B

REF: p. 221

OBJ: LO 2

Case 8.2 You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon.

5.

It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client’s “speedy trial” rights. This action would indicate your view that you are serving as your client’s: a. legal agent b. moral agent c. confidant d. paternal guide

ANS: A

6.

REF: p. 231

OBJ: LO 4

Your client tells you that he has a friend that you can call as a witness. Even though this friend was not actually present at the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon.

You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client’s: a. legal agent b. moral agent

c. confidant d. paternal guide

ANS: B

7.

REF: p. 231

OBJ: LO 4

Your client tells you that there really was a weapon, and that the police missed it at the crime scene. According to the ABA’s Model Rules of Professional Conduct, your duty is to: a. report the information to the prosecution b. call your defendant to the witness stand and let him decide for himself whether he will reveal the fact that there was a weapon c. maintain the confidentiality of your communications with your client d. the Model Rules do not address this situation

ANS: C

REF: p. 234

OBJ: LO 5

Case 8.3 You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is overreaching and is too restrictive of personal freedom.

8.

You try to convince opponents to support your proposed law by pointing out that sometimes it is the job of government and the law to do what is best for people, even if they may not want to do it for themselves. Your description is an example of: a. ethical formalism b. utilitarianism

c. legal moralism d. legal paternalism

ANS: D

9.

REF: p. 218

OBJ: LO 1

You try to convince opponents to support your proposed law by pointing out that injuries from car accidents are costly to society, especially when victims’ insurance does not cover the medical care they require. Sometimes it is the job of government and the law to do what is best for the overall society, even if it might mean inconveniencing some individuals. Your description is an example of: a. ethical formalism b. utilitarianism c. legal moralism d. legal paternalism

ANS: B

10.

REF: p. 218

OBJ: LO 1

Opponents to your bill would cite John Stuart Mill, and would say that your proposed law would violate the: a. harm principle b. noble cause c. natural law d. conflict paradigm

ANS: A

REF: p. 217

OBJ: LO 1

TRUE/FALSE

1.

Law can be seen as a tool of behavior change.

ANS: T

2.

OBJ: LO 2

REF: p. 216

OBJ: LO 2

Legal paternalism is consistent with the ethical system of ethics of care.

ANS: T

5.

REF: p.224

Natural law refers to man-made law.

ANS: F

4.

OBJ: LO 2

Jeremy Bentham and Cesare Beccaria were adherents of the conflict paradigm.

ANS: F

3.

REF: p.216

REF: p.218

OBJ: LO 1

Pornography must be considered harmful to individuals in order for legal moralism to be a valid justification for laws against it.

ANS: F

REF: p.219

OBJ: LO 1

6.

Durkheim’s concept of mechanical solidarity is the idea that we are all different parts that make up a whole.

ANS: F

7.

OBJ: LO 2

Organic solidarity has to do with the idea that everyone is similar.

ANS: F

8.

REF: p.221

REF: p.221

OBJ: LO 2

The idea that people agree on how serious punishments should be supports the pluralist paradigm of law.

ANS: F

9.

OBJ: LO 2

Lawyers who perceive themselves as legal agents would break rules for their clients.

ANS: F

10.

REF: p.224, 226

REF: p. 231

OBJ: LO 4

Lawyers who perceive themselves as moral agents may refuse to pursue a client’s wish to pursue a particular legal tactic if they didn’t believe in it.

ANS: T

REF: p. 231

OBJ: LO 4

11.

The conflict paradigm states that law is NOT value-neutral; it is bent toward the interests of the powerful.

ANS: T

12.

REF: p. 224

OBJ: LO 2

The pluralist paradigm says the definition of crime may change, depending on which interest groups are in power.

ANS: T

13.

REF: p. 226

OBJ: LO 3

Prosecutors are required to pursue a conviction above all other goals.

ANS: F

15.

OBJ: LO 2

More than half of the Presidents of the United States have been lawyers.

ANS: T

14.

REF: p. 224

REF: p. 234

OBJ: LO 5

The Supreme Court has held that defendants do not have a constitutional right to postconviction DNA testing.

ANS: T

REF: p. 235

FILL-IN-THE-BLANK

OBJ: LO 5

1.

refers to laws that protect individuals from hurting themselves.

ANS: Legal paternalism

2.

REF: p.218

The term

OBJ: LO 1

refers to the justification for law that allows for

protection and enforcement of societal morals.

ANS: legal moralism

3.

A

REF: p.219

OBJ: LO 1

refers to the process of organizing knowledge; a way of seeing the

world.

ANS: paradigm

4.

OBJ: LO 2

Durkheim’s concept of collective conscience is referred to as

ANS: mechanical solidarity

5.

REF: p.220

REF: p. 221

Durkheim’s concept of

OBJ: LO 2

is based upon differences among people,

as exemplified by the division of labor.

ANS: organic solidarity

REF: p.221

OBJ: LO 2

.

6.

According to the

paradigm, there are many groups in society

and they form allegiances and coalitions in a dynamic exchange of power.

ANS: pluralistic

REF: p.221

OBJ: LO 2

is the name given for Durkheim’s view (associated with

7.

mechanical solidarity) that law controls behavior that is different from the norm.

8.

ANS: Repressive law

REF: p. 221

OBJ: LO 2

The term

refers to Durkheim’s view that law resolves

conflicts between equals, as in commutative justice (related to organic solidarity).

ANS: restitutive law

9.

REF: p.221

The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view is called the

ANS: consensus paradigm

10.

OBJ: LO 2

.

REF: p.221

OBJ: LO 2

The idea that groups in society have fundamental differences and that those in power control societal elements, including law, is called the

ANS: conflict paradigm

REF: p.221

.

OBJ: LO 2

11.

rights conflict with the government’s right to enforce morality.

ANS: Privacy

12.

REF: p.219

OBJ: LO 1

would support paternalistic laws because of the benefit to society that results from protecting each of its members.

ANS: Utilitarianism

13.

REF: p.218

Plea bargaining is consistent with the

OBJ: LO 1

justice system because it is the

most efficient way of getting maximum punishment with minimum work.

ANS: bureaucratic

14.

REF: p.228

The ABA’s rules prohibit attorney from using

OBJ: LO 3

, which are non-attorneys

who follow up on accidents in order to obtain clients.

ANS: “runners”

15.

REF: p.235

OBJ: LO 5

The ideal of the justice system is that two advocates of equal ability will engage in a pursuit of truth, guided by a

ANS: neutral

judge.

REF: p.227

OBJ: LO 3

ESSAY

1.

Summarize the ABA’s requirements regarding ethical behavior for attorneys.

ANS: answer not provided

2.

OBJ: LO 1

REF: p. 216

OBJ: LO 1

List and discuss the major justifications for law presented in the text.

ANS: answer not provided

5.

REF: p. 216

What are Good Samaritan laws? Give examples.

ANS: answer not provided

4.

OBJ: LO 5

Compare and contrast natural law and positivist law.

ANS: answer not provided

3.

REF: pp. 233-237

REF: pp. 217-220

OBJ: LO 2

Discuss some laws justified by legal paternalism – provide the rationale for such laws as well as opposing arguments.

ANS: answer not provided

REF: pp. 218-219

OBJ: LO 2

6.

Discuss some types of laws that are justified by legal moralism. What are the major arguments for and against such laws?

ANS: answer not provided

7.

REF: pp. 220-226

OBJ: LO 2

Compare and contrast pluralism and conflict theory as they relate to law and justice.

ANS: answer not provided

9.

OBJ: LO 2

List and discuss the three paradigms of law.

ANS: answer not provided

8.

REF: pp. 219-220

REF: pp. 222-226

OBJ: LO 2

Describe the moral agent, legal agent, and special relationship views of the attorney– client relationship.

ANS: answer not provided

10.

REF: pp. 230-231

OBJ: LO 4

What is Cohen’s position regarding the lawyer’s role? How do Memory and Rose criticize this position?

ANS: answer not provided CHAPTER 9 – Test Bank

REF: pp. 231-232

OBJ: LO 4

MULTIPLE CHOICE

1.

In a pro se defense: a. the defendant defends him or herself b. the defendant is represented by one attorney only c. the defendant does not enter a plea d. the defendant is not able to stand trial

ANS: A

2.

REF: p. 247

OBJ: LO 1

The vast majority of cases in the criminal justice system are settled by:

a. a hung jury b. a judge c. a plea bargain d. a jury of citizens

ANS: C

3.

REF: p. 249

OBJ: LO 1

Which of the following statements regarding lawyers’ actions is false? a. The lawyer may not engage in motions or actions to intentionally and maliciously harm others. b. The lawyer may not knowingly advance unwarranted claims or defenses.

c. The lawyer may not knowingly make a false statement of law or fact. d. The lawyer may not directly communicate with opposing attorneys

ANS: D

4.

REF: p. 250

OBJ: LO 1

A shadow jury is a: a. panel of people selected by the press that observes the trial and provides feedback to the press b. panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney c. panel of people selected by the prosecutor that observes the trial and provides feedback to the prosecutor d. panel of people selected by the judge that observes the trial and provides feedback to the judge

ANS: B

5.

REF: p. 251

OBJ: LO 1

The inability of authorities to compel an attorney to disclose confidential information regarding his or her client is called: a. fiduciary privilege b. anti-incriminatory privilege c. attorney-client privilege d. theological privilege

ANS: C

REF: p. 251

OBJ: LO 1

6.

The only situations wherein a lawyer can ethically reveal confidences of a client include all of the following except: a. when the client consents b. when disclosure is required by law or court order c. when one needs to defend oneself or employees against an accusation of wrongful conduct d. when the attorney is served with a formal request for information from the media

ANS: D

7.

REF: p. 252

OBJ: LO 1

Which of the following is not an exception to the confidentiality rule for defense attorneys? a. prevention of future crime of imminent death or grievous bodily harm b. client consent c. court order d. knowledge of evidence of a murder

ANS: D

8.

REF: p.252

In

OBJ: LO 1

, the Supreme Court held that it did not violate the

defendant’s Sixth Amendment right to counsel for the attorney to refuse to help the defendant commit perjury. a. Bartley v. Montana b. Brown v. Mississippi c. Miranda v. Connecticut d. Nix v. Whiteside

ANS: D

9.

REF: p. 254

The

OBJ: LO 1

model utilizes a more absolute or legalistic model in that

behavior would always be considered wrong or right depending on the ethical rule guiding the definition. a. situational b. systems c. rational d. bureaucratic

ANS: B

10.

REF: p. 256

In the

OBJ: LO 1

model lawyers weigh the priorities and decide each case on

the specific factors present. a. situational b. systems c. rational d. bureaucratic

ANS: A

11.

REF: pp. 255-256

OBJ: LO 1

Aronson discusses two methods for resolving ethical dilemmas: a. the rational model and the legal model b. the bureaucratic model and the popular model c. the general model and the narrow d. the situation model and the systems model

ANS: D

12.

REF: pp. 255-256

OBJ: LO 1

Which factor would be unethical for a prosecutor to consider in making charging decisions? a. the severity of the crime b. the quality of evidence c. the ability to obtain a conviction d. income of the victim

ANS: D

13.

REF: p.257

OBJ: LO 2

A Harvard study that examined the performance of private attorneys who are appointed to represent indigent clients in federal cases concluded: a. they performed far better than full-time public defenders b. they billed the government for more services than they actually provided c. they treated their clients with disrespect d. they achieved worse results than full-time public defenders

ANS: D

14.

REF: p. 247

OBJ: LO 1

Which of the following is not a component of due process? a. Guaranteed appeals b. The opportunity to present evidence and witnesses c. The ability to cross-examine witnesses

d. Notice of charges

ANS: A

15.

REF: p. 247

OBJ: LO 1

Which ethical system would limit a defense attorney’s actions to only those allowed by a strict adherence to the Model Rules? a. Utilitarianism b. Ethical formalism c. Egoism d. Ethics of care

ANS: B

REF: p. 251

OBJ: LO 1

16. 16. Which of the following is not a motivation for prosecutors to offer a plea bargain?

a. The victim’s wishes b. The strength or weakness of the evidence c. The fact that prosecutors are paid more when they take a case through trial d. Public interest in the case

ANS: C

17.

REF: p. 262-263

OBJ: LO 2

According to the text, which of the following is true, regarding the exclusionary rule? a. The exclusionary rule has been effective in reforming police behavior b. Police officers are generally not very well educated about the rule c. The rule only applies to cases in those states that have enacted the rule

d. Evidence seized without a warrant but in the interest of public safety is not excluded by the rule

ANS: D

18.

REF: p. 275

OBJ: LO 4

A legal tool used to confiscate property and money associated with organized criminal activity is called: a. asset seizure b. wealth audit c. asset forfeiture d. embezzlement

ANS: C

19.

REF: p. 261

OBJ: LO 2

Which of the following statements about plea bargaining is correct? a. plea bargaining generally is not accompanied by ethical concerns b. plea bargains must be formally requested by the defense c. plea bargaining occurs in the vast majority of criminal cases d. plea bargaining is the prerogative of the trial judge

ANS: C

20.

REF: p. 262

In

OBJ: LO 2

, the Supreme Court held that the prosecution must share

any exculpatory information with the defense that is material to the case. a. Bartley v. Montana

b. Brown v. Mississippi c. Brady v. Maryland d. Nix v. New Jersey

ANS: C

REF: p. 263

OBJ: LO 2

21. 21. The ethical concern regarding expert witnesses is about whether they are really:

a. Paid b. Expensive c. Recognizable d. Qualified

ANS: D

REF: p. 266

22. 22. According to the

OBJ: LO 2

standard, evidence must be from a reliable

scientific methodology. a. Nix b. Massey c. Daubert d. Brady

ANS: C

23.

REF: p. 266

OBJ: LO 2

The halo effect refers to: a. the phenomenon in which a defendant is seen as innocent and naïve b. the phenomenon in which a person with expertise or status in one area is given deference in all areas c. the phenomenon in which the defense attorney is given deference even when he is

clearly stretching the truth d. the phenomenon in which the witness is a member of the clergy

ANS: B

REF: p. 266

24. 24.

OBJ: LO 2

is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings. a. Criminal investigative science b. Criminalistics c. Criminal technologist d. Crime scene technician

ANS: B

REF: p. 268

OBJ: LO 3

25. 25. The motions demanding the prosecutor reveal exculpatory information are called?

a. Brady motions b. Exculpatory motions c. Garrow motions d. MRE’s

ANS: A

26.

REF: p.273

OBJ: LO 2

In jurisdictions where judges are elected, campaign donations from practicing attorneys are: a. strictly forbidden by law b. discouraged, but permitted c. encouraged

d. generally routine

ANS: D

27.

REF: p.274

OBJ: LO 5

What are the two major areas of judicial discretion? a. sentencing and jury selection b. interpretation of law and jury selection c. interpretation of law and jury instruction d. sentencing and interpretation of law

ANS: D

28.

REF: p.275

OBJ: LO 4

Which of the following is not a valid exception to the exclusionary rule? a. good faith b. judicial discretion c. inevitable discovery d. public safety

ANS: B

29.

REF: p.275

OBJ: LO 4

Which of the following is NOT a valid reason for an attorney to withdraw from a case? a. if the legal action is for harassment or malicious purposes b. if continued employment will result in violation of a disciplinary rule c. if the attorney’s schedule makes it difficult to attend to the details of the case d. if discharged by the client

ANS: C

30.

REF: p. 247

OBJ: LO 1

The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have: a. upheld their legality b. denied the use of the guidelines only when based on evidence not proven in court c. required the prosecutor to not use enhanced sentence provisions d. ruled that judges must have the ability to use some discretion in sentencing

ANS: D

REF: p.277

OBJ: LO 4

CRITICAL THINKING

Case 9.1 You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to.

1.

The judge assigned to the case is facing re-election in a few months. You have been informed that the defense attorney is planning to make a contribution to the judge’s campaign fund, so you make a motion for recusal. The judge denies your motion. Which of the following is correct about this situation? a. It is common for attorneys to contribute to the campaigns of judges in whose courts they practice b. It is illegal for the defense attorney to actually make such a donation c. While it is technically legal, it is rare for a judge to accept a campaign donation from

an attorney who practices in his court d. The defendant must approve, on the record, any such donation

ANS: A

2.

REF: p. 274

OBJ: LO 4

As you review the evidence you intend to present, you notice that the crime lab was unable to identify two fingerprints found at the crime scene. They were successful in matching several other prints to those of the defendant, and you intend to present this to the jury. Which of the following statements is true, regarding the inconclusive fingerprints? a. They are irrelevant to the case and can be disregarded b. According to the Brady rule, you are required to provide the inconclusive report to the defense c. According to the Brady rule you must provide the information to the defense but only if they formally request it d. Because there were inconclusive fingerprints, you are not permitted to call the examiner as an expert witness to testify about the prints that were successfully matched

ANS: B

3.

REF: p. 263

OBJ: LO 2

The crime lab examiner who matched the fingerprints to the defendant is an important witness. The fingerprints represent a significant part of your case. According to the “Daubert standard,” you will be required to: a. demonstrate the witness’ knowledge, skill, and training that qualify him as an expert in his field b. show that the expert witness personally supervised the collection of the fingerprints at

the scene c. certify that the witness is not being paid or compensated in any way for his testimony d. obtain the defense’s agreement to allow him to utilize visual aids as part of his testimony

ANS: A

4.

REF: p. 266

OBJ: LO 2

After asking the examiner the questions you prepared about the fingerprints, you ask him questions about the shoeprints found outside the crime scene. This witness is only trained as a fingerprint examiner but you hope that the jury will consider his opinion about the shoeprints to be that of an expert. If they do consider his shoeprint comments to be knowledgeable and reliable, this would be an example of: a. leading the witness b. a Brady motion c. the halo effect d. a conflict of interest

ANS: C

REF: p. 266

OBJ: LO 2

Case 9.2 You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial.

5.

The police have been searching for a weapon but have been unable to find it. This weakens the prosecution’s case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the Model Rules, your

duty now is to: a. withdraw from the case b. remain on the case, but alert the judge to the location of the weapon c. remain on the case, but require the defendant to inform the police of the weapon’s location d. remain on the case and keep the location of the weapon confidential

ANS: D

6.

REF: p. 252

OBJ: LO 1

Upon reviewing the facts of the case, it occurs to you that there is a very good chance that the defendant will be convicted if the case goes to trial. Your client indicates that he would be willing to accept a plea bargain. Which of the following would be an example of a plea bargain? a. The defendant agrees to plead guilty, and prosecutor agrees to drop the charge to second-degree murder b. The defendant is allowed to remain free until the trial but agrees to remain local c. The prosecutor agrees to allow the trial to be moved to a different location d. The defendant and the prosecutor agree to a “bench trial,” meaning there will be no jury, and the judge alone will determine guilt or innocence

ANS: A

7.

REF: pp. 262-263

OBJ: LO 2

You have decided that a “change of venue” motion would be in your client’s best interest.

If the judge grants your motion, this means: a. The case will be delayed indefinitely b. The prosecution will not be permitted to refer to the weapon during the trial, since it was never located

c. The case will be moved to a court in another location d. The jury pool will be dismissed and a new one convened

ANS: C

REF: p. 276

OBJ: LO 4

Case 9.3 The case you were preparing for (in Case 9.2) is still moving forward. At this point, the police have located the weapon, which the defendant had hidden in the wood pile.

8.

The police had a warrant to search inside your client’s house, but the weapon was found outside. You believe that the weapon was found and seized improperly, and should not be allowed to be used as evidence, so you will ask the judge to enforce the . a. statute of limitations b. change of venue c. exclusionary rule d. Brady rule

ANS: C

9.

REF: p. 275

OBJ: LO 4

The judge rejects your motion to prevent the weapon from being used in the trial. She agreed that technically the warrant did not specifically include the area of the woodpile, but feels that the minor violation was not worth taking the chance that the prosecutor might end up losing the case. In her view, society is better served by allowing the weapon to be used as evidence than it would be if the defendant is allowed to go free.

This decision represents which ethical belief?

a. Utilitarianism b. Ethical formalism c. Legal paternalism d. Universality

ANS: A

10.

REF: p. 279

OBJ: LO 4

As the trial date approaches, it occurs to you that there is very little chance of prevailing in court. You do not wish to be associated with a losing case, and it also occurs to you that if your client is convicted you may never be paid. According to the Model Rules, your option is limited to which of the following? a. You may withdraw from the case only after you secure an adequate replacement b. You may not withdraw from the case simply because it appears you will lose and/or may not be paid c. You may delay the trial until payment is secured but may not withdraw d. You may withdraw from the case at any time, for any reason

ANS: B

REF: p. 247

OBJ: LO 1

TRUE/FALSE

1.

It is difficult for a lawyer to withdraw from representing a client.

ANS: T

REF: p.247

OBJ: LO 1

2.

The Model Rules have replaced the Model Code as a guide for ethics.

ANS: T

3.

OBJ: LO 1

REF: p.252

OBJ: LO 1

The use of jury consultants is against the rules of the courtroom.

ANS: F

6.

REF: p.250

Attorneys can reveal the confidences of their clients in order to defend themselves.

ANS: T

5.

OBJ: LO 1

Zealous defense would allow questioning the credibility of prosecution witnesses.

ANS: T

4.

REF: p.252

REF: pp.250-251

OBJ: LO 1

A defense attorney that knew of the location of the murder weapon that his client used is required to turn that weapon in as part of discovery.

ANS: F

7.

REF: p.252

OBJ: LO 1

Defense attorneys must allow their clients to commit perjury if they choose to do so.

ANS: F

REF: pp.253-254

OBJ: LO 1

8.

If a public defender is not available, the judge can appoint a local private attorney to represent the defendant.

ANS: T

9.

REF: p.247

OBJ: LO 1

To avoid the appearance of bias, many jurisdictions have laws that forbid judges from accepting campaign contributions from attorneys that practice in their courtroom.

ANS: F

10.

REF: p.274

OBJ: LO 5

The implementation of the Federal Sentencing Guidelines has eliminated much of the controversy surrounding racial bias in sentencing.

ANS: F

11.

REF: p. 277

OBJ: LO 4

A judge may grant permission to withdraw when the client insists on illegal or unethical actions.

ANS: T

12.

REF: p. 247

OBJ: LO 1

A judge may recuse himself or herself from a case for any reason.

ANS: F

REF: p.274

OBJ: LO 4

13.

In the federal system, nearly half of all defendants are represented by publicly funded attorneys.

ANS: F

14.

REF: p.247

OBJ: LO 1

It is permissible (and efficient) for the same attorney to represent two defendants charged with the same crime.

ANS: F

15.

REF: p.248

OBJ: LO 1

If a defense attorney is not sure that the client would be committing perjury, there is no legal duty to disclose his concerns.

ANS: T

REF: p.254

OBJ: LO 1

FILL-IN-THE-BLANK

1.

An exchange of a guilty plea for reduced charge or sentence is called a .

ANS: plea bargain

REF: p.249

OBJ: LO 1

2.

prohibit testimony that involves prior sexual history of rape victims for the purpose of discrediting the victim’s reputation.

ANS: Rape-shield laws

3.

REF: p.250

When an expert witness' opinions are given great weight - even in areas not within his area of expertise - this is known as the

ANS: halo effect

4.

OBJ: LO 1

REF: p.266

.

OBJ: LO 2

The “Model Rules” specifies that a prosecutor should not use

to

discredit a defense witness if the prosecutor knows the witness is testifying truthfully.

ANS: cross-examination

5.

REF: p.260

When lawyers weigh the priorities in each case and decide each case on the particular factors present, this is called the

ANS: situational model

6.

OBJ: LO 2

The

.

REF: p.255

OBJ: LO 1

is an absolute or legalistic model in that attorney’s

behavior would always be considered wrong or right depending on the ethical rule guiding the definition.

ANS: systems model

REF: p.256

OBJ: LO 1

7.

Expert testimony is allowed as evidence in trials when it is based on sound scientific method subject to peer review or testing, and the expert has appropriate knowledge, skill, and training. This is known as the

ANS: Daubert

8.

A(n)

standard.

REF: p.266

OBJ: LO 2

offers testimony derived from their expertise rather than

their knowledge of the specific facts of the crime.

ANS: expert witness

REF: p.266

OBJ: LO 2

is a profession involved in the “scientific discipline

9.

directed to the recognition, identification, individualization, and evaluation of physical evidence by the application of the natural sciences to law-science matters.”

ANS: Criminalistics

10.

REF: p.268

OBJ: LO 3

is a legal procedure to confiscate property and money associated with organized criminal activity.

ANS: Asset forfeiture

11.

The Latin term as your own attorney.

REF: p.261

OBJ: LO 2

means “for one’s self;” in legal terms it means to serve

ANS: pro se

12.

REF: p.247

In the case known as

OBJ: LO 1

, the Supreme Court held that it did not

violate the defendant’s Sixth Amendment right to counsel for the attorney to refuse to help the defendant commit perjury.

ANS: Nix v. Whiteside

13.

OBJ: LO 1

“Public integrity” units that prosecute wrongdoing on the part of

ANS: public officials

14.

REF: p.254

REF: p.258

.

OBJ: LO 2

One of the clearest examples of judicial discretion is in the application of the , which basically states that when the evidence has been obtained improperly, it cannot be used against the defendant at trial.

ANS: exclusionary rule

15.

REF: p.275

OBJ: LO 4

If the defense believes that local news coverage of the case has created a biased jury pool, the defense attorney may file a motion seeking a

ANS: change of venue

REF: p.276

.

OBJ: LO 4

ESSAY

1.

Compare the potential conflicts of interest for defense attorney and those of prosecutors.

ANS: answer not provided

2.

REF: pp.249-250

OBJ: LO 1

Discuss what jury consultants do and why they have been criticized.

ANS: answer not provided

4.

OBJ: LO 1 & 2

Discuss the potential zealous defense issues for defense attorneys.

ANS: answer not provided

3.

REF: pp.248-249

REF: pp.250-251

OBJ: LO 1

Explain the confidentiality rules of defense attorneys and explain some situations where they may be able to disclose confidential information.

ANS: answer not provided

5.

REF: pp.251-254

OBJ: LO 1

Compare the experience that a defendant will have with a private attorney and the experience that an indigent defendant will have with a public defender.

ANS: answer not provided

6.

REF: p. 247

OBJ: LO 1

Discuss how the ethics of virtue, according to Cassidy, can help determine ethical decisions for prosecutors.

ANS: answer not provided

7.

OBJ: LO 1

REF: pp. 266-271

OBJ: LO 3

Describe ethical issues faced by judges, and provide examples.

ANS: answer not provided

10.

REF: pp.251-252

Discuss the various forms of forensic testimony and why they have been criticized.

ANS: answer not provided

9.

OBJ: LO 2

Explain why the attorney-client privilege is critical to the integrity of the judicial process.

ANS: answer not provided

8.

REF: p. 259

REF: pp. 274-278

OBJ: LO 4 & 5

What are the two main areas of judicial discretion described in the text? Give examples.

ANS: answer not provided

REF: p. 274

OBJ: LO 4

CHAPTER 10 – Test Bank

MULTIPLE CHOICE

1.

A 2006 Gallup Poll that rated the level of trust in the integrity of attorneys: a. found that a small minority of the public had a high opinion of attorneys b. found that most of the public expressed a high opinion of attorneys c. found that most people had no opinion either way d. nearly all respondents had been involved in a civil lawsuit against an attorney

ANS: A

2.

REF: p. 284

OBJ: LO 1

In an effort to prevent false confessions, 18 states now require confessions to be: a. recorded by a court reporter, for a judge to review b. sworn to under oath c. witnessed by a defense attorney d. videotaped

ANS: D

3.

REF: p. 306

OBJ: LO 4

Kirchmeier and colleagues discuss four types of prosecutorial misconduct, which of the following is not one of these four types? a. withholding exculpatory evidence

b. misusing pretrial publicity c. resigning from a difficult case d. using false evidence in court

ANS: C

4.

REF: p. 289

OBJ: LO 1

Which of the following is not considered prosecutorial misconduct? a. ex parte communication with a judge

b. communicating with defendant without counsel present c. failure to disclose evidence d. speaking to the media about whether or not an indictment has been returned

ANS: D

5.

REF: p. 289-290

OBJ: LO 1

According to the text, the most common charge leveled against prosecutors is: a. misusing pretrial publicity b. failure to disclose evidence c. supporting perjury d. using false evidence in court

ANS: B

6.

REF: p. 290

OBJ: LO 1

Between 1993 and 2002, what was the number of death row inmates exonerated of their crimes? a. 50 b. 150

c. 90 d. 30

ANS: D

7.

REF: p. 295

OBJ: LO 3

Operation Greylord took place in the 1980s and involved: a. corrupt “expert” witnesses b. corrupt judges and attorneys c. treatment staff misconduct d. correctional misconduct

ANS: B

8.

REF: p. 292

OBJ: LO 1

According to the text, which of the following statements about judicial misconduct is false? a. Public exposes of judicial misconduct are fairly rare. b. There is a concern that judges and lawyers play to the camera when these are permitted in court. c. In general, judges who are more concerned with their public image than maintaining the judicial integrity of their office may make biased decisions. d. Judicial misconduct is more likely to take place in criminal rather than civil cases.

ANS: D

9.

REF: pp. 292-293

OBJ: LO 1

In Hamdan v. Rumsfeld, the U.S. Supreme Court held that detainees in Guantanamo: a. did not deserve some due process and the military commissions created at the time were not sufficient.

b. did not deserve some due process and that the military commissions created at the time were sufficient. c. deserved some due process and that the military commissions created at the time were not sufficient. d. deserved some due process and that the military commissions created at the time were sufficient.

ANS: C

10.

REF: p. 293

OBJ: LO 1

A panel of judges reviewed 2100 cases in California and, in about a quarter of the cases, found: a. instances of prosecutorial misconduct b. instance of judges accepting bribes c. improper reporting of case details by local news media d. the “speedy trial” requirements were not being met

ANS: A

11.

REF: p. 288

OBJ: LO 1,3

The reasons for false convictions discussed in your text include all except: a. perjury by informants b. “junk science” c. false confessions d. gender bias

ANS: D

REF: p. 297

OBJ: LO 3

12.

Confirmatory bias refers to: a. when a specific suspect has been fixated upon and other possibilities are ignored b. when it is confirmed that the prosecution is biased against the suspect c. when a confirmation of racial bias is pending d. none of these describe the concept

ANS: A

13.

REF: pp. 297

OBJ: LO 3

Which of the following states executes the most people? a. Utah b. Florida c. Arizona d.

Texas

ANS: D

14.

REF: p. 297

OBJ: LO 3

Which of the following is not a criticism of how the Bar handles complaints of ethical violations? a. Very few sanctions result from investigations. b. The investigative bodies are secretive and informal. c. Lawyers can easily pay a fine to have the charges dismissed without an investigation. d. Charges of incompetence are rarely investigated.

ANS: C

15.

REF: p. 303

OBJ: LO 4

Aronson and McMurtrie identified one type of prosecutorial misconduct as “tunnel

vision,” arguing that: a. an innocent suspect will always be considered guilty by the judge b. truly innocent, law-abiding citizens do not get prosecuted c. some prosecutors work under a bias that defendants are guilty, therefore they ignore exculpatory evidence d. prosecutors generally have a quota that they must fulfill

ANS: C

REF: p. 301

OBJ: LO 2

16. 16. The human tendency to seek to confirm rather than disconfirm is called:

a. cognitive dissonance b. belief perseverance c. selective information processing d. confirmatory bias

ANS: D

REF: p. 297

OBJ: LO 3

17. 17. Only recognizing evidence to fit one’s theory is the definition of:

a. cognitive dissonance b. belief perseverance c. selective information processing d. confirmatory bias

ANS: C

REF: p. 301

OBJ: LO 2

18.

Believing one’s original theory of the case despite evidence to the contrary is called: a. cognitive dissonance b. belief perseverance c. selective information processing d. confirmatory bias

ANS: B

19.

REF: p. 301

OBJ: LO 2

In terms of prosecutorial misconduct, Aronson and McMurtrie discussed the presence of all of the following elements EXCEPT: a. cognitive dissonance b. belief perseverance c. selective information processing d. emotional concord

ANS: D

20.

REF: p. 301

OBJ: LO 2

According to the text, disciplinary committees investigate a practicing attorney: a. only when a complaint is lodged against him or her b. on a regularly basis, usually every fiscal year c. every time they need to renew their license to practice d. only when it involves a capital case

ANS: A

REF: p. 303

OBJ: LO 4

21.

In

, the Supreme Court ruled against a prosecutor who

objected to misconduct occurring in the office where he worked. a. Diaz v. Bush b. Garcetti v. Ceballos c. Purkett v. Elem d. Batson v. Martinez

ANS: B

REF: p. 304

22. 22. In

OBJ: LO 4

, the Supreme Court ruled that defendants had no

constitutional right to DNA evidence. a. District Attorney v. Osborne b. Garcetti v. Ceballos c. Purkett v. Elem d. Batson v. Martinez

ANS: A

REF: p. 305

OBJ: LO 4

23. 23. Interpretationists are also called:

a. Constructionists b. Activists c. Pacifists d. Federalists

ANS: B

REF: p. 310

OBJ: LO 5

24.

The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as the: a. the strict constructionist philosophy b. the interpretationist philosophy c. the activists philosophy d. the federalist philosophy

ANS: A

REF: p. 310

OBJ: LO 5

25. 25. An approach to the Constitution that uses a looser reading of the document is called:

a. the strict constructionist philosophy b. the interpretationist philosophy c. the libertarian philosophy d. the federalist philosophy

ANS: B

REF: p. 310

OBJ: LO 5

26. 26. There are two basic philosophies regarding how to apply constitutional principles:

a. the interpretationists and activists b. the activists and federalists c. the federalists and strict constructionists d. the strict constructionists and the interpretationists

ANS: D

REF: p. 310

OBJ: LO 5

27.

Interpretationists argue that the Constitution: a. should be implemented as written b. should be abolished altogether c. is meant to be a living document d. is meant to be all-inclusive

ANS: C

REF: p. 310

OBJ: LO 5

28.

Strict constructionists argue that the Constitution: a. should be implemented as written b. should be abolished altogether c. is meant to be a living document d. is meant to be all-inclusive

ANS: A

29.

REF: p. 310

OBJ: LO 5

Natural rights refer to the concept that: a. one has certain obligations to nature b. one has certain biological requirements c. one has certain rights just by virtue of being born d. one has no rights, all rights belong the mother earth

ANS: C

30.

REF: p. 311

OBJ: LO 5

According to the text, those freedoms and protections that the framers of the Constitution would have recognized if they had been asked are called: a. “human rights” b. “fundamental liberties” c. “fundamental rights” d. “human liberties”

ANS: B

REF: p. 311

OBJ: LO 5

CRITICAL THINKING

Case 10.1 You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client’s fingerprint on the handle. Your client was convicted.

1.

You attempted to convince the jury that the presence of the fingerprints did not mean anything – it was his bat, after all, and he had used it in a softball game recently. You argued that the detectives investigating the murder suspected your client right away because he was the victim’s ex-boyfriend, and accordingly, they automatically interpreted any evidence in a way that agreed with their suspicion. This is an example of: a. cognitive dissonance b. selective information processing c. noble-cause d. harmless error

ANS: B

2.

REF: p. 301

OBJ: LO 2

The witness that the prosecution called to testify about supposedly overhearing your client pray is an example of a jailhouse informant. The prosecutor had doubts about the veracity of this testimony, especially considering the witness demanded that his own

charge be dropped in return for his testimony. The prosecutor decided to present the witness anyway, figuring that it might not be totally proper, but that since he was convinced your client was guilty, it was ok to bend the rules in order to secure the conviction. This is an example of: a. cognitive dissonance b. selective information processing c. noble-cause corruption d. harmless error

ANS: C

3.

REF: p. 301

OBJ: LO 2

A month after the conviction, you discover that a DNA sample was found at the crime scene and was never tested. You believe that it might exonerate your client.

Unfortunately, the appellate court rejects your petition, citing the case of District Attorney v Osborne. The decision in this case held that: a. convictions must be immediately appealed in order to be considered b. the prosecution is not required to share evidence that might point to innocence c. DNA evidence is not admissible d. defendants do not have a constitutional right to DNA testing

ANS: D

4.

REF: p. 305

OBJ: LO 3

Still convinced your client is innocent, you look for outside help. Where might you go to seek assistance in getting your client a new trial? a. The American Bar Association b. The Innocence Project c. The prosecutor’s conviction-review team

d. The legal assistance team at the prison where your client is incarcerated

ANS: B

REF: p. 296

OBJ: LO 3

Case 10.2 You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground.

5.

You have an abundance of physical evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of

evidence.

a. exculpatory b. confirmatory c. inconclusive d. optional

ANS: A

6.

REF: p.

OBJ: LO 1

According to the Brady decision, what are you obligated to do with the shoeprint information? a. Brady did not relate to this question b. You are required to share the evidence with the defense c. You are required to alert the judge d. You do not need to provide it to anyone but you may not use it in the trial

ANS: B

7.

REF: pp. 290,300

OBJ: LO 1,2

Initially, you charged the defendant with attempted murder, since there was reason to believe the barn might have been occupied at the time. In reality, you knew that you would not be able to prove this charge in court. You thought that adding this serious charge might lead the defendant to plead guilty to the arson charge if you agreed to drop the attempted murder charge. This agreement would be a: a. summary judgment b. “harmless error” c. Brady motion d. plea bargain

ANS: D

REF: p. 288

OBJ: LO 1

Case 10.3 You are a judge seeking re-election to the county court.

8.

You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance of bias, your duty would be to: a. delay the case until after the election b. dismiss the case c. recuse yourself from the case d. videotape all proceedings for later review, if needed

ANS: C

REF: p. 289

OBJ: LO 1

9.

The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true? a. You are free to appear and speak however you wish b. Since you are currently a judge, you are not permitted to make political speeches c. You may make a speech but it cannot be broadcast d. You can make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court.

ANS: A

REF: p. 293

OBJ: LO 1

10. 10. The Supreme Court case that decided the issue described in the above question was: a. Brady v. Maryland b. Batson v. Kentucky c. Minnesota v. White d. District Attorney v. Osborne

ANS: C

REF: p. 293

OBJ: LO 1

TRUE/FALSE

1.

One of the most cited reasons for false convictions is ineffective counsel.

ANS: T

2.

OBJ: LO 3

A “Brady motion” requests all evidence that is “likely to lead to a different outcome.”

ANS: T

3.

REF: p. 297

REF: p. 290

OBJ: LO 1

Operation Greylord was a judicial scandal in Chicago in which both attorneys and judges were convicted of bribery.

ANS: T

4.

REF: p. 292

OBJ: LO 1

According to the text, the major complaint about defense attorneys is that they do not communicate regularly with clients.

ANS: T

5.

REF: p. 286

OBJ: LO 1

It is very common for attorneys to file complaints against judges that the attorneys feel had engaged in misconduct.

ANS: F

6.

REF: p.294

OBJ: LO 3

Wrongful convictions are said to exist in about 20 percent of all cases.

ANS: F

7.

OBJ: LO 3

It is called confirmatory bias when a judge decides a case ahead of time.

ANS: F

8.

REF: p. 296

REF: p. 297

OBJ: LO 3

Strict constructionists believe that any new rights should be created through the political process.

ANS: T

9.

REF: p. 310

OBJ: LO 5

Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.

ANS: T

10.

OBJ: LO 5

The writers of the Bill of Rights were natural law theorists.

ANS: T

11.

REF: p. 310

REF: p. 311

OBJ: LO 5

A prosecutor’s legal duty is to win a conviction.

ANS: F

12.

OBJ: LO 1

The Batson v. Kentucky decision prohibited race discrimination in jury selection.

ANS: T

13.

REF: p. 287

REF: p. 289

OBJ: LO 1

The Minnesota v. White decision states that judges may not make political speeches since they are supposed to remain completely neutral.

ANS: F

14.

REF: p. 293

OBJ: LO 1

Prosecutors are completely protected against any liability that might arise as a result of such misconduct as lying on a warrant petition or coercing a confession.

ANS: F

15.

REF: p. 300

OBJ: LO 2

According to the text, only approximately one percent of investigations into attorney misconduct result in disbarment.

ANS: T

REF: p. 303

OBJ: LO 4

FILL-IN-THE-BLANK

1.

To

is to excuse oneself from deciding a case because of bias or the

appearance of bias.

ANS: recuse

2.

REF: p. 289, 292

The investigation known as

OBJ: LO 1

involved the bribery of several

Chicago judges.

ANS: Operation Greylord

3.

The

REF: p. 292

OBJ: LO 1

refer to an affiliation of groups of lawyers in

different locales who identify and defend those individuals in prison who may have been wrongfully convicted.

ANS: Innocence Projects

4.

The term

REF: p. 296

OBJ: LO 3

refers to a situation when a specific suspect has

been fixated upon and therefore other possibilities are ignored.

ANS: confirmatory bias

REF: p. 297

OBJ: LO 3

5.

The

believes that an individual has no rights unless they

are specified in the constitution or are present in some other legal source.

ANS: “strict constructionist”

6.

While

REF: p.310

OBJ: LO 5

was Chief Justice, the Supreme Court made several landmark

decisions in the 1960’s that expanded civil liberties and protections.

ANS: Earl Warren

7.

REF: p.307

A(n)

OBJ: LO 5

would utilize a looser reading of the

Constitution and read into it rights that the framers might have recognized or that should be recognized due to “evolving standards.”

ANS: interpretationist

8.

REF: p. 310

OBJ: LO 5

The idea that certain rights and morals are “natural,” that is, not human created is called .

ANS: natural rights

9.

REF: p. 311

OBJ: LO 5

are those freedoms that the framers would have recognized whether or not they were specifically mentioned in the Bill of Rights or Constitution.

ANS: Fundamental liberties

10.

OBJ: LO 5

Several of the authors of the Bill of Rights were

ANS: natural

11.

REF: p. 311

law theorists.

REF: p. 308

As mentioned in the Brady case,

OBJ: LO 5

evidence is evidence that is likely to

affect the case’s outcome.

ANS: material

12.

REF: p. 290

OBJ: LO 2

Critics of one suggested reform claim that reducing the

of prosecutors

might make them more hesitant to aggressively prosecute certain cases, for fear of being sued or prosecuted themselves.

ANS: immunity

13.

REF: p. 300

OBJ: LO 2

Even if a prosecutor or judge make a mistake or act improperly in a case, an appellate court might decide that it was

; in other words, it did not affect

the outcome of the case.

ANS: harmless error

REF: p. 301

OBJ: LO 2

14.

The ruling in the

case prohibits attorneys from using their peremptory

challenges to exclude a juror on the basis of race.

ANS: Batson

15.

REF: p. 289

OBJ: LO 1

Even when there is evidence indicating innocence, juries have shown a willingness to convict based on false

.

ANS: confessions

REF: p. 306

OBJ: LO 4

ESSAY

1.

Describe and discuss what polls show regarding the public’s attitude toward attorneys.

ANS: answer not provided

2.

OBJ: LO 1

Where do rules of behavior for attorneys come from, and how are they enforced?

ANS: answer not provided

3.

REF: p.284

REF: p. 302-305

OBJ: LO 5

Explain the significance of the “Brady Motion” as it relates to prosecutors’ misconduct.

ANS: answer not provided

4.

OBJ: LO 1

Discuss the concept of “noble-cause” corruption as it applies to prosecutors.

ANS: answer not provided

5.

REF: p. 290

REF: pp. 300-302

OBJ: LO 2

Discuss the number of innocents who may be imprisoned. What are the sources for the estimates? What are the criticisms of the sources?

ANS: answer not provided

6.

REF: pp. 297

OBJ: LO 3

What are some of the reasons that people distrust the justice system?

ANS: answer not provided

8.

OBJ: LO 3

Which factors have been identified as contributing to false convictions?

ANS: answer not provided

7.

REF: pp. 296-297

REF: pp. 29-297

OBJ: LO 2,3

Describe the importance of judicial independence but, also, explain why judicial oversight is necessary.

ANS: answer not provided

9.

REF: pp. 307-310

OBJ: LO 5

Explain the differences between judicial activism and constructionism. a. There are at least two persons involved.

ANS: answer not provided

10.

REF: pp. 310-311

OBJ: LO 5

Discuss the arguments in favor of and opposed to allowing television cameras into the courtroom during a criminal trial.

ANS: answer not provided

REF: p. 293

OBJ: LO 1

CHAPTER 11 – Test Bank

MULTIPLE CHOICE

1.

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? 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.

ANS: D

2.

REF: p. 317

OBJ: LO 1

In your text, anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior

patterns is referred to as: a. Punishment b. Retribution c. Treatment

d. restoration

ANS: C 3.

REF: p. 317

OBJ: LO 1

Which set of thinkers saw criminal acts as symptoms of underlying pathology? a. Neo-classicists b. Utilitarians c. Positivists d. Formalists

ANS: C

4.

REF: p.319

OBJ: LO 2

Which of the following is not one of Mackie’s types of retribution? a. negative retribution b. positive retribution c. punitive retribution d. permissive retribution

ANS: C

5.

REF: p.320

OBJ: LO 2

The idea that an offender must suffer in order to achieve salvation is associated with the punishment rationale. a. Retribution b. Treatment c. Incapacitation d. deterrence

ANS: A

6.

REF: p.320

OBJ: LO 1

Which of the following individuals viewed the criminal as rational and as having free will? a. Kelsey Kauffman b. Cesare Beccaria c. Jeremy von Hirsch d. John Braithwaite

ANS: B

7.

REF: p. 319

OBJ: LO 1

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

ANS: A

8.

REF: p. 320

OBJ: LO 1

A negative 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

ANS: C

9.

REF: p. 320

OBJ: LO 1

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

ANS: A

10.

REF: p. 320

OBJ: LO 1

A permissive 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

ANS: B

REF: p. 320

OBJ: LO 1

11.

Mackie describes three specific types of retribution. Which of the following is one of these three types? a. permissive retribution b. limited retribution c. capital retribution d. psychological retribution

ANS: A

REF: p. 320

OBJ: LO 1

12. 12. Atonement is most closely associated with the concept of: a. retribution b. prevention c. deterrence d. treatment

ANS: A

REF: p. 320

OBJ: LO 1

13. 13. According to the text, the rationale for punishment and corrections comes from: a. religious tradition b. the Supreme Court c. English common law d. the social contract

ANS: D

REF: p. 320

OBJ: LO 1

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

ANS: B

15.

REF: p. 322

OBJ: LO 1

“Penal harm” refers to the idea that the system: a. intentionally inflicts pain on offenders during their imprisonment, because merely depriving them of liberty is not considered sufficiently painful 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

ANS: A

16.

REF: p. 321

OBJ: LO 1

Which of the following is not a method of prevention? a. Deterrence b. Treatment c. Incapacitation d. Just deserts

ANS: D

REF: p.322

OBJ: LO 1

17.

What form of prevention is aimed at people other than the offender? a. general deterrence b. specific deterrence c. selective incapacitation d. general incapacitation

ANS: A

18.

REF: p.322

OBJ: LO 1

Detaining only those who are at the highest risk of offending or re-offending is a form of: a. general deterrence b. specific deterrence c. selective incapacitation d. general incapacitation

ANS: C

19.

REF: p.323

OBJ: LO 1

Which of the following are the two types of deterrence mentioned in the text?” a. restorative and punitive b. specific and general c. primary and secondary d. personal and public

ANS: B

REF: pp. 322-323

OBJ: LO 1

20.

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

ANS: D

21.21.

REF: p. 326

OBJ: LO 1

basic formula 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

ANS: B

REF: p. 327

OBJ: LO 3

22.22. Which ethical system is used to support preventing crime using deterrence, incapacitation, and/or treatment? a. Ethical Formalism b. Ethics of Care c. Rawlsian Ethics d. Utilitarianism

ANS: D

23.

REF: p.327

OBJ: LO 2

Ethical formalism is most consistent with a

form of punishment.

a. Utilitarian b. Retributive c. Preventative d. Incapacitative

ANS: B

REF: p.328

OBJ: LO 2

24. 24. Which ethical system contends that punishment should be consistent with the veil of

ignorance? a. Ethical Formalism b. Ethics of Care c. Rawlsian Ethics d. Utilitarianism

ANS: C

REF: p.329

OBJ: LO 2

25. 25. The Eighth Amendment protects all Americans from:

a. illegal search and seizure. b. cruel and unusual punishment. c. due process and double jeopardy. d. trial by jury.

ANS: B

26.

REF: p. 330

OBJ: LO 4

Stigmatizing shaming is: a. the idea that certain types of punishment can lead to a reduction of recidivism as long as they do not involve banishment b. the effect of punishment whereby the offender feels rejected by the community c. partly accomplished by exiling the individual d. no longer practice in the industrialized world

ANS: B

REF: p. 332

OBJ: LO 2

27. 27. In Kauffman’s description of the correctional officer subculture, someone who was

perceived as sympathetic to inmates was known as a: a. white hat b. inmate lover c. bleeding heart d. slam

ANS: A

REF: p.343

OBJ: LO 5

28. 28. 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

ANS: B

29.

REF: p.344

OBJ: LO 5

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

ANS: C

30.

REF: p.338

OBJ: LO 3

Criticism of super max prisons include: a. little human contact b. little or no exercise c. inmates being sent there who do not fit the criteria d. all of the these are criticisms

ANS: D

REF: p.332-334

CRITICAL THINKING

Case 11.1:

OBJ: LO 4

You are a criminal court judge and will be imposing sentences on offenders who have been found guilty in your court. You have reviewed the pre-sentence investigation reports prepared for you by the probation department.

1.

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

ANS: B

2.

REF: p.322

OBJ: LO 1

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. specific deterrence c. rehabilitation d. incapacitation

ANS: D

REF: p.323

OBJ: LO 1

3.

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

ANS: C

REF: p.319

OBJ: LO 1

Case 11.2 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.

4.

Mary comes to your office and argues in favor of charging capital murder. She believes that capital punishment is just, because murder deserves a proportional punishment.

Mary’s point of view reflects which ethical system? a. Utilitarianism b. ethics of care c. teleological ethics d. ethical formalism

ANS: D

5.

REF: pp. 329-329

OBJ: LO 3,3

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

ANS: A

6.

REF: p. 327 OBJ: LO 2,3

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 60’s 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

ANS: C

REF: p. 339 OBJ: LO 3,4

Case 11.3 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. Corrections officials are convinced that he will reoffend upon being released. They decide to seek an order committing the offender to a secure treatment facility at the completion of his sentence.

7.

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

ANS: C

8.

REF: pp. 228-229

OBJ: LO 2

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

ANS: D

Case 11.4

REF: p.324

OBJ: LO 1

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.

9.

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

ANS: A

10.

REF: p.322-323

OBJ: LO 1

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 rulebreakers 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

ANS: A

REF: p. 327 OBJ: LO 2

TRUE/FALSE

1.

Expiation is concerned with making amends or atonement.

ANS: T

2.

OBJ: LO 1

REF: pp. 322-323

OBJ: LO 1

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

ANS: F

5.

REF: pp. 320-321

General deterrence is consistent with ethical formalism.

ANS: F

4.

OBJ: LO 1

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

ANS: T

3.

REF: p. 320

REF: p. 324

OBJ: LO 1

The Ethics of Care is consistent with restorative justice.

ANS: T

REF: p. 329

OBJ: LO 2

6.

The veil of ignorance refers to the concept that one should not know who the offender or victim is in order to be fair.

ANS: T

7.

REF: p. 329

OBJ: LO 2

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

ANS: F

8.

REF: p. 335

OBJ: LO 4

There is overwhelming evidence that private corrections can save the state money.

ANS: F

10.

OBJ: LO 4

Less than 10% of state prison beds are managed by private companies.

ANS: T

9.

REF: p. 330

REF: p. 336

OBJ: LO 4

The Supreme Court has ruled that it is unconstitutional to execute someone who committed their crime when they were under 18 years old.

ANS: T

11.

REF: p. 339

OBJ: LO 3

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

ANS: F

12.

REF: p. 326

OBJ: LO 2, 4

Emile Durkheim believed that criminals actually provide value to the community, by establishing the parameters of acceptable behavior.

ANS: T

13.

REF: p. 323

OBJ: LO 1

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.

ANS: T

14.

REF: p. 340

OBJ: LO 4

As of 2011, the trend regarding capital punishment was toward increasing support of the death penalty.

ANS: F

REF: p. 337

OBJ: LO 3

15.

In a series of court cases starting in 2005, the Supreme Court struck down the mandatory nature of sentencing guidelines, while still allowing them to be used in an advisory capacity.

ANS: T

REF: p. 321

OBJ: LO 1

FILL-IN-THE-BLANK

1.

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.

ANS: treatment

2.

The term

ANS: expiation

3.

The

REF: p. 317

OBJ: LO 1

refers to atonement for a wrong to achieve a state of grace.

REF: p. 320

OBJ: LO 1

defined by von Hirsch stated that the punishment of the

individual should be purely retributive and balanced to the seriousness of the crime.

ANS: just deserts

REF: p. 321

OBJ: LO 1

4.

Fogel’s idea that the punishment of an individual should be limited by the seriousness of the crime although treatment could be offered is referred to as the

5.

model.

ANS: justice model

REF: p. 320

OBJ: LO 1

The term

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.

ANS: reintegrative shaming

6.

REF: p. 332

OBJ: LO 2

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

ANS: Stigmatizing shaming

7.

REF: p. 332

OBJ: LO 2

A slang term used by both officers and inmates which refers to informing practices is .

ANS: “ratting”

REF: p.343

OBJ: LO 5

8.

The

or habitual offender laws are justified by the prediction

that previous offenders will commit future crimes.

ANS: three-strikes laws

9.

REF: p. 323

OBJ: LO 1

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

ANS: “White hat”

10.

OBJ: LO 5

The idea that the majority misperceive the prevalence of a belief because of a vocal minority is called

ANS: pluralistic ignorance

11.

REF: p. 343

.

REF: p. 344

OBJ: LO 5

Since the research on deterrence is mixed,

can be used to both justify

and oppose capital punishment.

ANS: utilitarianism

12.

REF: p. 338

OBJ: LO 2

In Roper v. Simmons, the Supreme Court held that executing would be cruel and unusual and would violate the Eighth Amendment.

offenders

ANS: juvenile

13.

The term “

REF: p. 339

OBJ: LO 3

” refers to the architecture and policies of supermax

prisons that are structured to employ more and more punishment to the inmates inside.

ANS: ecology of cruelty

14.

REF: p. 334

OBJ: LO 2

Society’s urge to react in a hostile manner to harm (crime) is an element inherent in human nature; therefore, one might say that punishment is a

ANS: natural

15.

REF: p. 329

law.

OBJ: LO 2

Megan’s Law and Jessica’s Law require states to create

and to

make them available to the public.

ANS: sex offender registries

REF: p. 324

OBJ: LO 1

ESSAY

1.

Define punishment and then discuss the major rationales of punishment.

ANS: answer not provided

2.

REF: pp. 327-330

OBJ: LO 21

What are Mackie’s three types of retribution? Compare and contrast them.

ANS: answer not provided

4.

OBJ: LO 1

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

ANS: answer not provided

3.

REF: pp. 318-327

REF: p. 320

OBJ: LO 1

Support three-strike laws through a retributive rationale and then through a utilitarian rationale.

ANS: answer not provided

5.

OBJ: LO 1

How would Bentham defend punishment? Contrast that position with Kant’s position.

ANS: answer not provided

6.

REF: pp.324-326

REF: pp. 327-329

What are some ethical problems with treatment?

OBJ: LO 2

ANS: answer not provided

7.

OBJ: LO 4

REF: pp. 332-335

OBJ: LO 4

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

ANS: answer not provided

10.

REF: pp. 330-332

Explain the controversial issues involved in the use of supermax prisons.

ANS: answer not provided

9.

OBJ: LO 2

What are the ways in which prison is harmful?

ANS: answer not provided

8.

REF: pp. 326-327

REF: pp. 335-336

OBJ: LO 4

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

ANS: answer not provided CHAPTER 12 – Test Bank

REF: p. 32

OBJ: LO 2

MULTIPLE CHOICE

1.

Which criminal justice professional has authority similar to that of the correctional officer? a. Prosecutor b. Judge

c. police officer d. bailiff

ANS: C

2.

REF: p.351

OBJ: LO 1

“Correctional officer” is the term that replaced the old label of: a. watchman b. keeper c. sentinel d. guard

ANS: D

3.

REF: p. 352

OBJ: LO 1

The prisoners’ rights era of the 1970s gave way to the where courts are more apt to defer to prison officials. a. “correctional officers’ rights” b. “old new-way”

era of today,

c. “due deference” d. “restorative deference”

ANS: C

4.

REF: p. 352

OBJ: LO 1

The Prison Litigation Reform Act of 1996 (PLRA): a. drastically curtailed the ability of inmates to file lawsuits b. drastically curtailed the ability of correctional facilities to file lawsuits against inmates c. drastically increased inmates’ ability to file lawsuits d. drastically increased attorney’s fees

ANS: A 5.

REF: p. 352

OBJ: LO 1

The interdependence that may develop between correctional officers and inmates that is characterized by favoritism is called: a. Pluralistic ignorance b. Reciprocity c. “Trickle down” supervision d. Hostile loyalty

ANS: B

6.

REF: p. 354

OBJ: LO 2

Which of the following is not one of the types of officers identified by R. Johnson? a. Counselors b. Time-servers c. The violence-prone

d. Physicians

ANS: D

7.

REF: p. 357

OBJ: LO 2

In the 2011 case of Brown v. Plata, the Supreme Court ordered California to release prisoners if: a. the state could not guarantee that all correctional officers had received the proper amount of training b. the state could not bring the level of medical care up to a constitutional standard c. individual prisons exceeded 100% intended capacity d. the laws regarding marijuana possession changed

ANS: B

8.

REF: p.366

OBJ: LO 2

“Lessons” taught to inmates by Texas prison guards that involved verbal humiliation, profanity, shoves, kicks, and head and body slaps were known as: a. evening the score b. reciprocity c. tune-ups d. give-backs

ANS: C

REF p. 358

OBJ: LO 2

9.

The Tucker Telephone was associated with a prison in: a. Texas b. Arkansas c. California d. Mississippi

ANS: B

10.

REF: p.358

In

OBJ: LO 2

the U.S. Supreme Court dealt with a case involving a inmate

who had been forced to sit in a chair while two officers hit him in the head and chest area, with a lieutenant looking on. a. Diaz v. Martinez b. Gomez v. Glenn c. Hamdin v. Grouch d. Hudson v. McMillian

ANS: D

11.

REF: p. 358

OBJ: LO 2

In the 1980s, victimization of inmates by correctional officers decreased, but was followed by a rise in: a. violence from racial gangs b. the use of solitary confinement as a punishment c. escapes d. inmate violence toward officers

ANS: A

REF: p. 358

OBJ: LO 2

12.

Inmates and correctional officers agree that all of these traits are characteristics of a good officer except: a. consistency b. fairness c. flexibility d. loyalty

ANS: D

REF: p.360

OBJ: LO 2

13. 13. Without a strong moral and ethical code, correctional officers may find themselves

drifting into: a. egoistic pragmatism b. relativistic pragmatism c. egoistic utilitarianism d. egoistic relativism

ANS: D

REF: p. 359

OBJ: LO 2

14. 14. Which of the following is an ethical dilemma often faced by treatment staff in

correctional facilities? a. Whether to provide treatment to people who do not want it b. How to reconcile the duty to treat a patient with the duty to maintain security c. Keeping patient records confidential while also responding to any threats of violence d. All of these are ethical dilemmas faced by treatment staff

ANS: D

15.

REF: pp. 362-363

OBJ: LO 4

In Washington v. Harper the U.S. Supreme ruled that: a. the administration of antipsychotic drugs to unwilling inmates is not unconstitutional b. the administration of antipsychotic drugs to unwilling inmates is unconstitutional c. the administration of any drugs to inmates in general is unconstitutional d. the administration of any psychiatric plan of care to any inmates is unconstitutional

ANS: A

16.

REF: p. 363

OBJ: LO 4

Which of the following is not one of the ethical dilemmas of prison psychologists discussed by Haag? a. Informed consent b. Assessment c. Confidentiality d. Anonymity

ANS: D

17.

The

REF: pp. 363-364

OBJ: LO 4

rule specifies that treatment professionals do have legal duties to third

persons if they have cause to reasonably believe that one of their clients is going to harm that person. a. Tarosoff b. Souryal c. Glaser d. Watergate

ANS: A

18.

REF: p. 364

OBJ: LO 4

Faith-based programs are: a. unconstitutional b. constitutional only if no state money is used c. shown to have reduced recidivism d. only allowed if they are Christian in nature

ANS: C

REF: p. 366

OBJ: LO 4

19. 19. Which of the following is true regarding a probation or parole officer’s power to

recommend revocation: a. the officer makes a recommendation only b. the officer instructs the judge, who must issue an order according to the officer’s decision c. the officer decides whether or not to revoke, and no further court action is required d. none of the above is correct

ANS: A

20.

REF: p.368

OBJ: LO 5

Which of the following about probation is false? a. discretion in probation exists at the point of sentencing b. discretion exists during supervision c. discretion is limited to police officers and judges

d. discretion is present when probation officers decide to file violation reports

ANS: C

21.

REF: p. 368

OBJ: LO 5

Which of the following statements is false? a. Parole board members or their designees make decisions regarding release b. Probation officers write presentence reports to help judges decide sentences c. Probation and parole officers have the authority and power to recommend revocation d. Parole officers generally deal with younger, less serious offenders than probation officers.

ANS: D

22.

REF: p. 368-372

OBJ: LO 5

Which of the following is not one of Souryal’s types of probation and parole officers? a. punitive law enforcer b. bureaucratic paper pusher c. welfare/therapeutic worker d. passive time server

ANS: B

REF: p. 369

OBJ: LO 5

23.

According to Souryal’s typology, which type of probation and parole officers may need to examine his or her use of authority? a. punitive law enforcer b. bureaucratic paper pusher c. welfare/therapeutic worker d. passive time server

ANS: A

24.

REF: p. 369

OBJ: LO 5

According to Souryal’s typology, which type of probation and parole officers may need to think about natural law rights of privacy and autonomy? a. punitive law enforcer b. bureaucratic paper pusher c. welfare/therapeutic worker d. passive time server

ANS: C

25.

REF: p. 369

OBJ: LO 5

According to Souryal’s typology, the type of probation or parole officer who has a tendency to use illegal threats and violate the due-process protections of his/her clients, is called the: a. punitive law enforcer b. bureaucratic paper pusher c. welfare/therapeutic practitioner d. passive time observer

ANS: A

26.

REF: p. 369

OBJ: LO 5

According to Souryal’s typology, which type of probation and parole officers may violate professional ethics in not performing duties associated with the role? a. punitive law enforcer b. bureaucratic paper pusher c. welfare/therapeutic practitioner d. passive time server

ANS: D

27.

REF: p. 369

OBJ: LO 5

According to Souryal’s typology, the type of officer who does the bare minimum on the job to stay out of trouble is called the: a. punitive law enforcer b. bureaucratic paper pusher

c. welfare/therapeutic practitioner d. passive time server

ANS: D

REF: p. 369

OBJ: LO 5

28.

According to Souryal’s typology, the type of officer who goes “by the book” is called the: a. punitive law enforcer b. bureaucratic paper pusher c. welfare/therapeutic practitioner d. passive time server

ANS: A

29.

REF: p. 369

OBJ: LO 5

Which of the following is a main difference between probation officers and parole officers? a. Parole officers are paid less. b. Parole officers are more highly educated. c. Parole officers generally supervise an older population. d. Parole officers are more service-oriented.

ANS: C

30.

REF: p.372

OBJ: LO 5

According to a Justice Department study that tracked 272,111 released inmates in 15 states, which of the following statements is false? a. men are more likely than women to recidivate b. blacks are more likely to recidivate than whites c. young people are more likely to recidivate than older offenders d. offenders with the highest recidivism rates are more likely to include rapists

ANS: D

REF: p.372

OBJ: LO 4

CRITICAL THINKING

Case 12.1 You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your rounds to count heads, one of the inmates asks you if you’d bring him a piece of dental floss. He says he has an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to pose any problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent to you that the inmate is in discomfort, and you know this inmate to be well-behaved.

1.

You are inclined to provide the dental floss. After all, this inmate has never given you trouble, and in fact you think that he might be helpful in the future when it comes to relations with troublesome inmates. Such a relationship would illustrate the concept of: a. officer accommodation b. “blind eye” c. informal give-and-take d. reciprocity

ANS: D

2.

REF: p.354

OBJ: LO 1,2

Another officer, a veteran, sees that you have retrieved dental floss and asks what you intend to do with it. After you explain, he warns that it is not a good idea. Sometimes a

seemingly innocent request to break the rules turns out to just be the start, and once you have broken the rules, the inmate has something to hold over you. This can lead to more and more problematic requests and demands. This process is known as: a. slippery slope b. officer accommodation c. cycle of obligation d. reciprocity

ANS: A

3.

REF: p.355

OBJ: LO 1,2

To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to provide the dental floss because you believe it will alleviate the inmate’s suffering, even though it means breaking the rules, which ethical system would this illustrate? a. ethical formalism b. utilitarianism c. ethics of care d. teleological ethics

ANS: C

4.

REF: p.362,365

OBJ: LO 1,2

To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to refuse the inmate’s request because you believe your duty to your job requires you to follow the rules completely, which ethical system would this illustrate? a. ethical formalism b. utilitarianism c. ethics of care d. teleological ethics

ANS: A

REF: p.372

OBJ: LO 2

Case 12.2 You are a psychiatrist on call with a state prison. You have been called in to examine an inmate who has been behaving erratically. Prison officials are concerned that he poses a danger to himself and others. They have confined him in a bare solitary cell to be sure he can’t hurt himself, and have asked you to evaluate him. Immediately, you recognize an ethical dilemma.

Your duty as a psychiatrist requires you to act in the best interests of your patient, but at the same time, you recognize that the prison setting brings with it certain duties that favor institutional security over patient rights.

5.

After meeting with the inmate you determine that he is in need of medication to control his psychosis. You are concerned that the inmate is unable to provide for the treatment, which challenges your professional ethics. a. legal permission b. informed consent c. financial payment d. a compelling reason

ANS: B

6.

REF: p.363

OBJ: LO 4

Your session with the inmate has left you convinced that the inmate has the intention of attacking his cellmate. You are faced with a dilemma. As a professional, you are committed to patient confidentiality, and the inmate has not given you permission to share anything that he told you. At the same time, you recognize that the cellmate’s safety is at risk. Your dilemma is resolved by the you would be liable if you fail to act and the cellmate is harmed. a. Washington

rule, which states that

b. Tarasoff c. Harper d. Ruiz

ANS: B

7.

REF: p.364

OBJ: LO 4

In the end, the inmate refuses to consent to medication but you have determined that it is medically necessary for the inmate’s safety and well-being that he be given the medication. According to the Supreme Court decision in Washington v. Harper, which of the following is correct? a. Forcible administration of medication in this case would be unconstitutional b. Due process requires you to present your case to a judge and obtain an order to provide the medication c. You must obtain written permission from the inmate’s legal representative or next of kin d. Forcible administration of medication in this case would be constitutional

ANS: D

REF: p.364

OBJ: LO 4

Case 12.3 You are an inmate at a state prison. The facility does not provide air conditioning in the cells and you find this to be unreasonable, considering the summers have been unusually hot.

8.

Your research in the prison law library is discouraging. You discover that a 1996 law called

drastically curtailed the ability of inmates to file

lawsuits. a. The Correctional Procedures Act

b. The Inmate Tort Limitation Act c. The Prison Litigation Reform Act d. Three Strikes Law

ANS: C

9.

REF: p.352

OBJ: LO 1

Despite the discouragement, you proceed with your lawsuit anyway. Your position is that the law requires the institution to prove that a exists between prison policies or procedures and the correctional goal of safety and security. a. “rational relationship” b. “clear correlation” c. “legal connection” d. “contractual obligation”

ANS: A

10.

REF: p.352

OBJ: LO 1

In the end, the court rejects your case. The court’s decision is consistent with the concept of

which allows prison administration latitude to establish

policy as it sees fit. a. Reciprocity b. institutional autonomy c. due deference d. retribution

ANS: C

REF: p.352

OBJ: LO 1

TRUE/FALSE

1.

The rehabilitative era took place in the 1980s.

ANS: F

2.

OBJ: LO 1

The practice of reciprocity is supported by formal correctional ethics.

ANS: F

3.

REF: p.352

REF: pp.354-355

OBJ: LO 2

Arguably, jail officers have a more difficult job than CO’s in prisons, partly due to the fact that jails have more frequent visitations.

ANS: T

4.

OBJ: LO 3

Jail officers face unique challenges due to the transitory nature of the jail population.

ANS: T

5.

REF: p.360

REF: p.360

OBJ: LO 3

An egoistic rationalization would be that a favor done for the inmate may result in benefit to the officer because the inmate owes him.

ANS: T

6.

REF: p.362

OBJ: LO 2

According to Haag, one of the ethical issues of treatment professionals in prisons is the issue of “informed consent.”

ANS: T

7.

REF: p.360

OBJ: LO 4

Probation and parole officers don’t have to deal with the issue of gratuities.

ANS: F

9.

OBJ: LO 4

Faith-based treatment programs have shown no evidence of reduced recidivism.

ANS: F

8.

REF: pp.363

REF: p.370

OBJ: LO 5

According to a Justice Department study in 2002, 85 percent of inmates were charged with at least one serious crime within three years of being released.

ANS: F

10.

REF: p.372

OBJ: LO 5

Children of inmates are ten times more likely to be delinquent.

ANS: F

11.

REF: p.372

OBJ: LO 5

The prisoners’ rights era of the 1970s gave way to the “due deference” era of today, where courts are more apt to defer to prison officials.

ANS: T

12.

REF: p.352

OBJ: LO 1

The Prison Litigation Reform Act made it easier for inmates to file lawsuits by removing the time limits that previously were used to reject lawsuits.

ANS: F

13.

REF: p.352

OBJ: LO 1

A correctional officer who smuggles contraband into the prison for an inmate is known as a “mule.”

ANS: T

14.

REF: p.355

OBJ: LO 1,2

In the case of Hudson v. McMillan, the Supreme Court found that an injury inflicted upon an inmate only rises to the level of unconstitutionality if it can be considered a “serious” injury.

ANS: F

REF: p.358

OBJ: LO 2

15.

Surprisingly, researchers have found that correctional officers, despite the stressful nature of their occupation, do not experience alcoholism or divorce any more frequently than the rest of American society.

ANS: F

REF: p.359

OBJ: LO 2

FILL-IN-THE-BLANK

1.

Institutional correctional personnel can be divided into two groups: correctional officers and their supervisors and

ANS: treatment professionals

2.

.

REF: 351

OBJ: LO 1

Sometimes correctional officers have the power to do things that they don’t have the to do.

ANS: legal authority

3.

REF: p. 351

During the early 1970s there was an era called the

OBJ: LO 1

where many

correctional programs were established and there was a belief that corrections could successfully change offenders.

ANS: rehabilitative era

4.

The term

REF: p.352

OBJ: LO 1

refers to a situation today where courts are inclined to

rule in favor of prison officials and give them freedom in decisions regarding running the prison.

ANS: due deference

REF: p.352

OBJ: LO 1

is Syke’s term for when officers become indebted to inmates and

5. return favors.

ANS: Reciprocity

6.

OBJ: LO 2

Officers who do the minimal level of work are referred to as _

ANS: “time-servers”

7.

REF: p.354

REF: p.357

Correctional officers have the full range of

_.

OBJ: LO 2

control over inmates, including

loss of liberty through physical force if necessary.

ANS: coercive

REF: p.352

OBJ:

LO 2

8.

referred to a method of punishment wherein officers would beat an inmate to “teach him a lesson”.

ANS: “Tune-ups”

9.

REF: p.358

The United States has one of the

ANS: highest

10.

ANS: six

11.

incarceration rates in the world.

REF: p.372

Children of inmates are _

OBJ: LO 2

OBJ: LO 4

times more likely to be delinquent.

REF: p.372

OBJ: LO 4

Beatings of inmates who attack correctional officers could be justified under a ethical system, if they serve the greater good by providing a warning to other inmates that they will receive similar treatment if they attack an officer.

ANS: utilitarian

12.

REF: p.359

OBJ: LO 2

An officer who does a favor for an inmate expecting it to benefit him later (because the inmate would owe him) would be using a(n)

rationalization.

ANS: egoistic

13.

REF: p.362

Because of the

OBJ: LO 2

nature of the population, jail officers may not know much

about the inmates they supervise.

ANS: transitory

14.

REF: p.360

Antipsychotic drugs are often used for the purpose of

OBJ: LO 3

rather than treatment

when administered to disruptive inmates.

ANS: control

REF: p.363

OBJ: LO 4

are perceived to be more of a threat to the community, so the officers’

15.

“supervision” role is emphasized much more strongly than in probation.

ANS: Parolees

REF: p.372

OBJ: LO 5

ESSAY

1.

Describe how CO’s have discretion similar to police officers and court personnel.

ANS: answer not provided

2.

REF: pp.354-356

OBJ: LO 2

REF: pp.351-352

OBJ: LO 2

What are some ways to reduce corruption in the prison environment?

ANS: answer not provided

6.

OBJ: LO 1

Describe the CO subculture.

ANS: answer not provided

5.

REF: p.352

List and describe some forms of corruption committed by CO’s.

ANS: answer not provided

4.

OBJ: LO 1

Describe the CO’s role ambiguity in the 1970s and 1980s.

ANS: answer not provided

3.

REF: pp.351-352

REF: p.357

OBJ: LO 2

According to your text, what are some ways that morality can be maintained in prison?

ANS: answer not provided

REF: pp.359-360

OBJ: LO 2

7.

What are the two interests treatment staff have to balance? Give examples of some ethical concerns of treatment personnel.

ANS: answer not provided

8.

REF: pp.362-365

OBJ: LO 4

Describe the job-related discretion available to probation and parole officers, and provide examples of ethical and unethical applications of discretion.

ANS: answer not provided

9.

OBJ: LO 5

Discuss ethical issues faced by probation and parole officers.

ANS: answer not provided

10.

REF: pp.368-369

REF: pp.369-372

OBJ: LO 5

Describe the types of probation officers and ethical issues for each.

ANS: answer not provided CHAPTER 13: Test Bank

REF: pp.369-370

OBJ: LO 5

MULTIPLE CHOICE

1.

McCarthy and Souryal discuss the major types of corruption by correctional officers and other officials in institutional corrections. These include all of following except: a. Theft b. Trafficking c. Embezzlement d. fraud

ANS: D

2.

REF: p.379

OBJ: LO 1

Souryal’s corruption typology includes all of the following categories except: a. arbitrary use of power b. oppression and failure to demonstrate compassion/caring c. abusing authority for personal gain d. mismanagement of prison resources

ANS: D

3.

REF: p.379

Souryal legally defines _

OBJ: LO 1

as the use of oppression or extralegal

methods, and ethically, as the failure of officers to demonstrate compassion or keep a promise. a. Malfeasance b. Corruption c. Abuse d. nonfeasance

ANS: B

4.

REF: pp.379-380

OBJ: LO 1

Souryal refers to acts that violate authority as:

a. acts of malfeasance b. acts of nonfeasance c. acts of unfeasance d. acts of feasance

ANS: A

5.

REF: p.380

OBJ: LO 1

Souryal refers to illegitimate acts done for personal gain as: a. acts of malfeasance b. acts of nonfeasance c. acts of misfeasance d. acts of feasance

ANS: C

6.

REF: p.380

OBJ: LO 1

Acts of nonfeasance are acts: a. of omission such as ignoring rule violations b. that violate authority c. performed for personal gain d. that break ethical standards only

ANS: A

7.

REF: p.380

OBJ: LO 1

Which of the following is not one of the three types of prison abuse identified by Bomse? a. malicious or purposeful abuse b. negligent abuse c. systematic or budgetary abuse d. intentional sexual abuse

ANS: D

8.

REF: p.380

OBJ: LO 1

Inadequate medical care and elimination of visits or other programs are all examples of which of the following types of prison abuse identified by Bomse? a. malicious or purposeful abuse b. negligent abuse c. systemic or budgetary abuse d. intentional sexual abuse

ANS: C

9.

REF: p.380

OBJ: LO 1

Excessive use of force, rape and sexual harassment, theft and destruction of personal property are all examples of which of the following types of prison abuse identified by Bomse? a. malicious or purposeful abuse b. negligent abuse c. systemic or budgetary abuse d. intentional sexual abuse

ANS: A

10.

REF: p.380

OBJ: LO 1

Lack of responsiveness and failure to protect are examples which of the following types of prison abuse identified by Bomse? a. malicious or purposeful abuse b. negligent abuse c. systematic or budgetary abuse d. intentional sexual abuse

ANS: B

11.

REF: p.380

A group called

OBJ: LO 1

was formed at Salinas Valley Prison when inmates

who had injured officers in a disturbance were then beaten by the officers in turn. a. “The Christmas Party” b. “The Green Wall” c. “The Wall of Pain” d. “The Salinas Tribunals”

ANS: B

12.

REF: p.381

OBJ: LO 1

Which of the following statements is true? a. In the latest report from the Bureau of Justice Statistics, about 25 percent of inmates reported some type of sexual victimization.

b. In the latest report by the Bureau of Justice Statistics, only 10 percent of inmates that reported sexual victimization named another inmate as their victimizer. c. In the latest report by the Bureau of Justice Statistics, over 90 percent of inmates that reported sexual victimization named a staff member as their victimizer. d. In the latest report by the Bureau of Justice Statistics, less than 5 percent of inmates reported some type of sexual victimization.

ANS: D

13.

REF: p.383

OBJ: LO 1

Which of the following statements about women in prison is false? a. Until the mid 1800s, female prisoners were housed together with men in jails. b. Only non-consensual staff-inmate sex is considered unethical. c. In the mid-1970s female officers challenged the hiring patters of state prison systems. d. Today, male officers are assigned to all posts inside prisons for women.

ANS: B

14.

REF: p.385

OBJ: LO 1

According to a study by the Bureau of Justice Statistics, which of the following statements about officers having sexual relationships with inmates is true? a. only male officers engage in sexual relationships with inmates b. the problem of officers having sexual relationships with inmates is about equally divided between female officers and male officers c. the problem of officers having sexual relationships with inmates is significantly higher among female officers than male officers d. the problem of officers having sexual relationships with inmates is significantly higher among male officers than female officers

ANS: C

15.

REF: p.385

OBJ: LO 1

The person who helped set up the Abu Ghraib prison and had also served as head of the Texas, New Mexico, and Utah prison systems was: a. Donald Vodicka b. Andy Collins c. Farhad Monem d. Lane McCotter

ANS: D

16.

REF: p.386

OBJ: LO 1

Medical personnel sometimes adopt the

philosophy of

corrections and deprive inmates of services because of a belief that they don’t deserve treatment. a. “penal harm”

b. “green wall” c. “correctional brick wall” d. “penal oath”

ANS: A

17.

REF: p.387

OBJ: LO 1

According to a study cited in the text, correctional managers attribute misconduct to: a. low pay and poor screening during hiring. b. unreasonably long shifts. c. supervisors being required to oversee too many employees. d. a lack of adequate equipment and supplies.

ANS: A

18.

REF: p.389

OBJ: LO 4

Examples of restorative justice process include all of the following except: a. family group counseling b. victim-offender mediation c. sentencing circles d. voluntary group counseling

ANS: D

19.

REF: p.397

OBJ: LO 2, 5

Which of the following theories of ethical management argues that officers will treat inmates the way they perceive they are being treated by management? a. “trickle down” theory b. “eye-for-an-eye” theory c. “restitution” theory d. “hierarchical” theory

ANS: A

20.

REF: p.393

Souryal argued that the

OBJ: LO 4

of a correctional institution is influenced by

the level of education required for hire, the amount of in-service training officers receive, the policies regarding employees who act in unethical ways, and the presence of a professional association or union that can effectively monitor the agency’s practices. a. “agility”

b. “adequacy” c. “civility” d. “worthiness”

ANS: C

21.

REF: p.395

OBJ: LO 4

Souryal argued that “integrated thinking” and

were important

elements for an ethical climate. a. “reasoning” b. “moral agility” c. “wisdom” d. “conflict resolution”

ANS: B

22.

REF: p.395

OBJ: LO 5

To improve the ethical climate of an agency, Souryal advocates all except: a. upgrading the quality of personnel b. establishing quality-based supervisory techniques c. emphasizing true ethical training d. screening potential employees using psychological tools

ANS: D

23.

REF: p.395

OBJ: LO 5

Wright offers seven principles as a guide for how administrators and supervisors should treat employees. Which of the following is not one of these seven principles?

a. fair treatment b. due process c. safety d. good benefits

ANS: D

24.

REF: p.395

OBJ: LO 5

According to McCarthy, an anti-corruption policy for correctional managers should include all of the following except: a. improved working conditions b. providing good role models in the form of supervisors and administrators c. reduced opportunities for corruption d. regular lie-detector tests

ANS: D

25.

REF: p.394

The “

OBJ: LO 5

complex” provides jobs and profits to legions of companies

and people around the country. a. for-profit b. Wal-prison-mart c. prison-industrial d. correctional sector

ANS: C

26.

REF: p.396

OBJ: LO 5

Which of the following statements about restorative justice programs is false?

a. Restorative justice programs may lead to oppositional subcultures b. Restorative justice programs may lead to a greater sense of mission for employees c. Restorative justice programs are oriented to meeting the needs of victims and offenders d. Restorative justice programs may lead to decreased burn out and misconduct among employees

ANS: A

27.

REF: p.397

OBJ: LO 2, 5

According to the text, which of the following statements is true? a. the U.S. holds 5 percent of the world’s population but 50 percent of its prisoners b. the U.S. holds 5 percent of the world’s population but 25 percent of its prisoners c. the U.S. holds 5 percent of the world’s population and 5 percent of its prisoners d. the U.S. holds 5 percent of the world’s population but 75 percent of its prisoners

ANS: B

28.

REF: p.396

OBJ: LO 5

An element of peacemaking corrections that involves looking at what needs to be done with both the heart and the head is called: a. “care perspective” b. “feminine eye” c. “wholesight” d. “third-eye sight”

ANS: C

REF: p.397

OBJ: LO 2, 5

29.

Both restorative justice and peacemaking corrections are consistent with the ethics of care and might be considered

models of justice.

a. “feminine” b. “utilitarian” c. “masculine” d. “informal”

ANS: A

30.

REF: p.397

OBJ: LO 2, 5

Which aspect of penalties found in sentencing circles emphasize the individual’s responsibility to the victim and society? a. community service b. apology c. shaming d. restitution

ANS: C

REF: pp.397-398

OBJ: LO 2, 5

CRITICAL THINKING

Case 13.1 The Attorney General has hired you to review inmate complaints emanating from a state prison.

Your investigation reveals that a group of six correctional officers is responsible for most of the

issues. All six were part of the same training class and began work at the prison together. You are summarizing your findings for the Attorney General.

1.

Several complaints related to the officers’ failure to follow-up on requests for medical care. There was also one complaint regarding lost mail. Your investigation leads you to believe that these issues were not intentional on the part of the officers; nevertheless, they still get classified as: a. systemic abuse b. “trickle-down” abuse c. informal misconduct d. negligent abuse

ANS: D

2.

REF: p.380

OBJ: LO 1

While investigating the complaints, you noticed that several housing units were empty, while the others were clearly overcrowded. Cells designed for two inmates were occupied by three or four. When you asked the warden about this situation, he explained that it was more cost-effective to double-up the inmates. The empty cells did not require monitoring, cleaning, maintenance, etc. He did not seem concerned that this policy resulted in undue suffering on the part of the inmates. This situation would be classified as: a. systemic abuse b. “trickle-down” abuse c. informal misconduct d. negligent abuse

ANS: A

REF: p.380

OBJ: LO 1

3.

Interviews with the officers revealed a common perception that prison management did not behave ethically and was not concerned about officer safety. The officers indicated that they eventually adopted the attitude that if management was not going to treat them properly, then they were no longer concerned about treating inmates ethically. This situation illustrates: a. systemic abuse b. “trickle-down” abuse c. informal misconduct d. negligent abuse

ANS: B

REF: p.380

OBJ: LO 1

Case 13.2 The warden of a state prison has been receiving complaints from female correctional officers.

Their complaints are not against the inmates but rather are against some of their male colleagues.

The complaints allege that the male officers have engaged in continuing sexual harassment, including posting pornographic images in the locker room, using degrading language about them in front of the inmates, and using their hands more than necessary during training exercises.

4.

The conditions described in the complaints constitute a: a. “trickle-down” abuse b. hostile work environment c. systemic abuse d. misfeasance

ANS: B

REF: p.396

OBJ: LO 5

5.

The warden considers covering up the situation, with the rationale that it is ethical to sacrifice the well-being of a few officers to protect the reputation of the entire institution.

This would be an application of the

viewpoint.

a. Deontological b. Egoist c. Utilitarian d. Marxist

ANS: C

6.

REF: p.396

OBJ: LO 1

The warden considers covering up the situation, with the rationale that he stands to be fired or demoted if the situation becomes known outside the institution. This would be an application of the

viewpoint.

a. Deontological b. Egoist c. Utilitarian d. Marxist

ANS: B

7.

REF: p.396

OBJ: LO 1

It is possible that this situation developed out of the sight of top administrators at the prison because they are more involved with external matters, such as dealing with the legislature, media, courts, and community. In the text this is referred to as having a(n) . a. external focus b. conflicting priority c. multiple stakeholders d. outward orientation

ANS: D

REF: p.396

OBJ: LO 1

Case 13.3 A juvenile has been arrested for vandalizing a Burger King. He and his friends tore up some landscaping, threw rocks at the marquee (breaking glass panels), and spray-painted graffiti. As part of the diversion process, he has accepted the opportunity to meet with the restaurant’s owner for a mediation session. The probation officer leading the meeting suggests a penalty that involves an apology and a schedule of work to be performed at the restaurant. In addition, the offender agrees to attend counseling to assist him with personal issues. All agree to the plan.

8.

Addressing the personal needs of the offender in this scenario is justified via which ethical system? a. Utilitarianism b. ethical formalism c. ethics of care d. Kantian ethics

ANS: C

9.

REF: p.397

OBJ: LO 2, 5

The offender explains to the victim that he didn’t consider that there was a person who suffered as a result of his vandalism; to him, it was “just a building,” and “the company” would fix whatever damage he did. This statement indicates which belief? a. denial of victim b. denial of harm c. denial of responsibility d. “trickle-down”

ANS: A

10.

REF: p.397

OBJ: LO 2, 5

One criticism of restorative justice suggests that

offenders may be

good for the individual victim but may not be good for the “class of victims” who have yet to be victimized. a. Forgiving b. Incarcerating c. Executing d. suing

ANS: A

REF: p.398

OBJ: LO 2, 5

TRUE/FALSE

1.

In the 1990s, Corcoran prison guards in California were accused of setting up gladiatortype fights between inmates and encouraging or allowing prisoner rapes.

ANS: T

2.

REF: p.380

OBJ: LO 1

The number of male officers supervising female inmates is small.

ANS: F

REF: p.384

OBJ: LO 1

3.

While it is legal to allow female guards to supervise male inmates, it is illegal to allow male guards to supervise female inmates.

ANS: F

4.

REF: pp.383-384

OBJ: LO 1

The Milgram experiment was where college students became brutal when they took on the role of correctional officers.

ANS: F

5.

OBJ: LO 3, 4

The Zimbardo experiment of the 1970’s was conducted over a period of 3 weeks.

ANS: F

6.

REF: p.391

REF: p.391

OBJ: LO 3, 4

The scandal at Abu Ghraib led to a national commission to study prison practices in the

United States.

ANS: T

7.

REF: p.392

OBJ: LO 4

The “trickle down” theory of ethical management is that correctional officers will treat inmates the way they perceive they are being treated by management.

ANS: T

8.

REF: p.393

OBJ: LO 4

A strong anti-corruption policy should include screening of employees using state-of-theart psychological tools.

ANS: T

9.

REF: p.394

OBJ: LO 5

“Hostile work environment” has to do with the unions objecting to management treatment of officers.

ANS: F

10.

REF: p.396

OBJ: LO 5

Probation and parole officers who have been arrested for a DWI are immediately terminated.

ANS: F

11.

REF: p.396

OBJ: LO 2, 5

Norway’s correctional system includes a maximum sentence of incarceration of 40 years.

ANS: F

REF: p.399

OBJ: LO 5

12.

In the United States, female prisoners were once housed together with men.

ANS: T

13.

OBJ: LO 1

Philip Zimbardo’s prison experiment took place on the campus of Stanford University

ANS: T

14.

REF: p.383

REF: p.391

OBJ: LO 3

Researchers Mesloh, Wolf, and Henych found that medical staff in prisons scored higher on the ethics scale than did correctional officers.

ANS: T

15.

REF: p.392

OBJ: LO 4

Researchers found no link between how workers believe they are treated by management and how ethically they behave.

ANS: F

REF: p.393

OBJ: LO 4

FILL-IN-THE-BLANK

1.

Bomse classified the denial of medical care and the lack of responsiveness as abuse.

ANS: negligent

2.

REF: p.380

OBJ: LO 1

The type of abuse inflicted by individual officers intentionally is called abuse.

ANS: malicious

REF: p.380

OBJ: LO 1

purposeful

3.

The term

refers to a group of officers in Salinas Valley Prison,

California who were implicated in a variety of unethical behaviors.

ANS: The Green Wall

4.

The

REF: p.381

OBJ: LO 1

mandated that every state keep a record of prison

rapes and allocated money to study the problem and develop solutions.

ANS: Prison Rape Elimination Act (PREA) REF: p.383

5.

OBJ: LO 1

The Commission on Safety and Abuse in America found that U.S. prisons suffer from a culture of

and a lack of positive treatment goals.

ANS: violence

6.

REF: p.392

OBJ: LO 4

A type of sexual harassment where sexual innuendos or joking makes the workplace so uncomfortable that the employee perceives it as harmful is referred to as .

ANS: hostile work environment

7.

REF: p.396

OBJ: LO 5

The prison experiment conducted by Philip Zimbardo took place on the campus of University.

ANS: Stanford

8.

REF: p.391

OBJ: LO 3

The United States, which accounts for five percent of the world population, holds percent of the world’s prisoners.

ANS: twenty-five

9.

REF: p.396

Peacemaking corrections may be considered a

OBJ: LO 5

model of justice because

the focus is not on retribution but rather on needs.

ANS: feminine

REF: p.397

OBJ: LO 2, 5

10.

Restorative justice programs have the potential to decrease

and

misconduct for correctional professionals.

ANS: burnout

11.

REF: p.398

OBJ: LO 2, 5

In some states, consensual sex between a correctional officer and an inmate is a felony because inmates are presumed not able to give

ANS: full consent

12.

REF: p.385

An FBI operation known as Operation

.

OBJ: LO 1

resulted in indictments

against correctional officers who smuggled cocaine into prisons.

ANS: Blind Justice

13.

REF: p.386

OBJ: LO 1

The book Marie by Peter Maas was about a Tennessee scheme involving the sale of to convicts.

ANS: paroles

14.

REF: p.388

OBJ: LO 2

Although designed to run much longer, Zimbardo’s prison experiment had to be shut down after only

days due to the behavior of the participants.

ANS: six

15.

REF: p.391

OBJ: LO 3, 4

Making decisions by examining a problem with both one’s head and one’s heart is known as

.

ANS: wholesight

REF: p.397

OBJ: LO 2, 5

ESSAY

1.

List and briefly discuss/describe at least two of the explanations given by McCarthy and Souryal for the misconduct of correctional officers.

ANS: answer not provided

2.

OBJ: LO 1

List and discuss the three types of prisoner abuse that Bomse identified.

ANS: answer not provided

3.

REF: pp.379-380

REF: p.380

OBJ: LO 1

Explain how Abu Ghraib can provide us with lessons for managing the ethical prison.

ANS: answer not provided

REF: pp.392

OBJ: LO 1, 5

4.

What are the implications of Zimbardo’s prison experiment concerning the potential behavior of correctional officers?

ANS: answer not provided

5.

REF: pp.391

OBJ: LO 3, 4

List and discuss some management practices that have been found to contribute to an ethical workplace.

ANS: answer not provided

6.

REF: pp.394-396

OBJ: LO 5

Discuss the negative outcomes that have resulted from having male correctional officers guarding female inmates and female correctional officers guarding male inmates.

ANS: answer not provided

7.

REF: pp.384-385

OBJ: LO 1, 4

Describe and discuss restorative justice and its potential role in dealing with misconduct and corruption in corrections.

ANS: answer not provided

8.

REF: pp.397-399

OBJ: LO 2, 5

List and briefly describe an alternative approach to misconduct and corruption that is not based upon punishment.

ANS: answer not provided

9.

REF: pp.379-380

OBJ: LO 5

What are some possible positive outcomes of adopting restorative justice programs? a. ethical formalism ANS: answer not provided

10.

REF: pp.397-399

OBJ: LO 2, 5

List and briefly describe at least three of the programs that are included within the rubric of restorative justice.

ANS: answer not provided

REF: pp.397-398

CHAPTER 14 – Test Bank

MULTIPLE CHOICE

1.

The “just war” arguments are primarily based on: b. natural law c. ethics of virtue d. ethics of necessity

OBJ: LO 2, 5

ANS: B

2.

REF: p. 404

OBJ: LO 2

The deliberate, negligent, or reckless use of force against noncombatants, by state or nonstate actors for ideological ends and in the absence of a substantively just legal process is called: a. war b. civil unrest c. terrorism d. self-defense

ANS: C

3.

REF: p. 404

OBJ: LO 2

The principle of double effect: a. justifies a means that results in an unintended negative b. justifies a negative means

c. justifies a negative end for a good means d. justifies a means that results in a good end

ANS: A

4.

REF: p.405

OBJ: LO 2

A secret court that consisted of seven federal district court judges appointed by the Supreme Court’s Chief Justice was created by the passing of the 1978. a. Patriot b. Protect America c. Foreign Intelligence Surveillance

Act in

d. National Security

ANS : C

5.

REF : p. 408

OBJ : LO 3

Which of the following statements about the Patriot Act is false? a. The Patriot Act required all individuals on visas report to immigration offices b. The Patriot Act included provisions that allowed federal agents to “sneak and peek” c. The Patriot Act included provisions that allowed federal agents to utilize national security letters to circumvent warrant requirements d. That Patriot Act has remained unchanged since it was passed

ANS: D

6.

REF: pp. 407-408

OBJ: LO 3

“National security letters” are letters issued by the

to access private

information without a warrant. a. CIA b. FBI c. NCIS d. NSA

ANS: B

7.

REF: p. 408

OBJ: LO 3

The Protect America Act was passed in 2007, allowing the government : a. to interrogate anyone without counsel present anyone suspected of being linked to a terrorist group

b. to wiretap, without a warrant, anyone suspected of being linked to a terrorist group c. to detain indefinitely anyone suspected of being linked to a terrorist group d. to arrest anyone suspected of being linked to a terrorist group

ANS : B

8.

REF : p. 409

OBJ : LO 3

The case that dealt with a U.S. citizen held without due process protections as an enemy combatant was: a. Clark v. Martinez b. Hamdi v. Rumsfeld c. Hamdan v. Rumsfeld d. Moussaki v. Bush

ANS: B

9.

REF: p.413

OBJ: LO 3

Renditions are: a. Interrogations b. Extraditions c. Kidnappings d. treaty agreements

ANS: C

10.

REF: p.411

Bagram prison is in: a. Iraq

OBJ: LO 3

b. Afghanistan c. Iran d. Cuba

ANS: B

11.

REF: p.414

In

OBJ: LO 3

the U.S. Supreme Court held that detainees in

Guantanamo could challenge their detention in U.S. federal courts. a. Hamdi v. Rumsfeld b. Rasul v. Bush c. Clark v. Martinez d. Hamdan v. Rumsfeld

ANS: B

12.

REF: p.413

In

OBJ: LO 3

the U.S. Supreme Court held that the government

may not indefinitely detain even illegal immigrants without some due process. a. Hamdi v. Rumsfeld b. Rasul v. Bush c. Clark v. Martinez d. Hamdan v. Rumsfeld

ANS: C

13.

In

REF: p.413

OBJ: LO 3

the U.S. Supreme Court held that the “military

commissions” were outside the President’s power to create and were, therefore, invalid.

a. Hamdi v. Rumsfeld b. Rasul v. Bush c. Clark v. Martinez d. Hamdan v. Rumsfeld

ANS: D

14.

REF: p. 413

In

OBJ: LO 3

the U.S. Supreme Court held that the Detainee

Treatment Act with the provision of some form of appeal over the “enemy combatant” status was not a substitute for habeas corpus rights. a. Boumediene v. Bush b. Rasul v. Bush c. Clark v. Martinez d. Hamdan v. Rumsfeld

ANS: A

15.

REF: p. 413

OBJ: LO 3

The rights-based approach would be consistent with recognizing human rights, and the crime control approach would be consistent with: a. noble cause corruption b. expansion of governmental powers c. reduction of civil liberties d. all of these are correct

ANS: D

REF: pp. 421-423

OBJ: LO 4

16.

“Waterboarding” is also known as: a. “water interrogation” b. the “water cure” c. the “aquatic interrogation” d. “aquatic policing”

ANS: B

17.

REF: p. 414

OBJ: LO 3

Which of the following statements about those tortured in Abu Ghraib is false? a. As far as can be determined, many were not insurgents. b. Some had stolen from military supply trucks or engaged in civilian crimes. c. Some had been captured after “tips” that they were involved. d. The abuses that occurred in Abu Ghraib were made public by a journalist working undercover.

ANS: D

18.

REF: p. 417

OBJ: LO 3

The argument by some that there must be secrecy concerning interrogation tactics so they can be more effective is referred to as the: a. “doctrine of necessity” b. “doctrine of the weak” c. “doctrine of the insurgents” d. “doctrine of tolerance”

ANS: A

REF: p. 418

OBJ: LO 3

19.

The concept of a “torture warrant” is most closely associated with the work of: a. Jethro Eisenstein b. George McCready c. Alan Dershowitz d. Hugo Grotius

ANS: C

REF: p. 420

OBJ: LO 3

20. 20. According to the text,

is the ethical justification for all the

counter-terrorism measures discussed in the text. a. retribution b. utilitarianism c. distributive justice d. libertarianism

ANS: B

REF: p. 420

OBJ: LO 3, 4

21. 21. The major problem with the utilitarian approach to law enforcement is that:

a. we can’t know what the ultimate outcome of our actions will be. b. it is more expensive than other approaches c. some people refuse to be helped d. there is disagreement on how best to train officers on the approach

ANS: A

REF: p. 421

OBJ: LO 4

22.

The values and ethics associated with the

approach focus on

human rights and the fundamental duty of all public servants to protect those rights. a. crime control b. rights-based c. due process model d. public control

ANS: B

REF: pp. 421-422

OBJ: LO 4

23. 23. A central theme of the text is the importance of

leadership.

a. educated b. decisive c. popularly-supported d. ethical

ANS: D

REF: p. 403

OBJ: LO 1

24. 24. Which of the following approaches to policing is considered utilitarian?

a. crime control approach b. rights-based approach c. public service approach d. deontological service

ANS: A

REF: p. 421

OBJ: LO 4

25.

Which of the following approaches to policing is consistent with a categorical imperative? a. crime control approach b. rights-based approach c. public service approach d. utilitarian service

ANS: B

26.

REF: p. 421

OBJ: LO 4

A basic premise of rights-based law enforcement is that: a. the end justify the means b. the rights of the state supersede all other rights c. some acts are never justified d. compared to the government, the individual has no rights

ANS: C

27.

REF: pp. 421-422

OBJ: LO 4

Neyroud and Beckley describe the police standards of the United Kingdom as reflecting an emphasis on: a. law and order b. retribution c. human rights d. punishment

ANS: C

REF: p. 422

OBJ: LO 4

28.

Babak Pasdar was a whistleblower who discovered and revealed what is commonly known as the: a. “Quantico Circuit” b. “Abu Ghraib” scandal c. “1-800-FBI” d. Pasdar was not a whistleblower

ANS: A

REF: p. 424

OBJ: LO 5

29. 29. In which of the following whistle-blowing incidents was General Taguba involved?

a. The “Quantico Circuit” b. “Abu Ghraib” c. The exposure of secret prisons in the Pentagon d. Taguba was not involved in any of these events

ANS: B

REF: p. 425

OBJ: LO 3,5

30. 30. “Means-end” ethical analysis is consistent with:

a. religious ethics b. dentological ethics c. teleological ethics d. ethics of care

ANS: C

REF: p. 403

OBJ: LO 1

CRITICAL THINKING

Case 14.1 In 2003, President Bush determined that it was vital to the national security of the United States to invade Iraq and force the removal of Saddam Hussein’s government. In addition to the brutality Hussein inflicted on his people, including the use of chemical weapons, the Bush Administration believed Hussein was in possession of weapons of mass destruction. Colin Powell appeared before the United Nations to show aerial photographs that were interpreted as proof that Iraq was pursuing a nuclear weapon. Hussein’s refusal to cooperate with international inspectors lent credence to this belief. Further, the President accused Hussein of cooperating with al-Qaeda.

1.

According to “just war” theorists, the belief that a nation is justified in going to war when they have suffered unjust injuries (such as 9/11) and to protect the state (such as against a nuclear weapon) is rooted in: a. positivist law b. natural law c. the principle of double effect d. the “front page” test

ANS: B

2.

REF: p.404

OBJ: LO 2

Prior to beginning the invasion, the Bush Administration presented justification to the United Nations, and also attempted to resolve the nuclear weapon issue by working with the International Atomic Energy Agency. The United Nations issued numerous sanctions

against Iraq. Seeking approval and cooperation from these international bodies before beginning the invasion is consistent with: a. positivist law b. natural law c. the principle of double effect d. the “front page” test

ANS: A

3.

REF: p.405

OBJ: LO 2

Which of the following conditions is not required to justify war, according to Bellamy? a. the violations must be knowable to all b. the violations must be widespread and systematic c. approval to move forward must be unanimous among other nations d. the force used must save more lives than it injures

ANS: C

4.

REF: p.405

OBJ: LO 2

The pursuit of Saddam Hussein caused many civilian casualties among the Iraqi people.

The civilian casualties were not intended; in fact, great care was taken to keep the civilian casualties to a minimum. According to the toppling Hussein was considered a good act. a. categorical imperative b. Dirty Harry dilemma c. natural law d. principle of double effect

ANS: D

REF: pp.405-406

OBJ: LO 2

, then, the act of

Case 14.2 You are the police chief in a large American city. Prior to 9/11, your city’s crime rates had been declining steadily, due in part to a commitment to community-oriented policing.

5.

All of the following changes likely took place in your city and department in the years following 9/11 except: a. a reduction of civil liberties b. a merging of immigration control and traditional law enforcement c. federal funding for community-policing projects doubled or tripled d. patrol officers received training regarding the prevention of and response to terrorist incidents

ANS: C

6.

REF: p.406

OBJ: LO 3

In order to gather intelligence, you consider utilizing so-called “mosque crawlers,” which are: a. remote-controlled surveillance devices b. computer programs that automatically search web sites for certain keywords c. agents who infiltrate mosques and Muslim neighborhoods to gather intelligence d. pamphlets distributed in Muslim neighborhoods offering rewards for tips

ANS: C

7.

REF: p.410

OBJ: LO 3

Your department discovered a local resident meeting with a suspected intelligence officer from a foreign nation operating in your city. Your department is planning a joint

operation with the FBI to investigate, and it is decided that a wiretap would be appropriate. Because the resident is a U.S. citizen, the wiretap must be approved by: a. the Supreme Court b. the Foreign Intelligence Surveillance Court c. the Federal Circuit Court with jurisdiction over your city d. no court approval is needed, as long as the FBI is officially part of the investigation

ANS: B

REF: p.408

OBJ: LO 3

Case 14.3 You are a colonel in the U.S. Army, responsible for running an Afghanistan prison that houses captured Taliban and al-Qaeda soldiers.

8.

If you approve the use of interrogation techniques that America has found objectionable when used against U.S. soldiers, your decision fails the

test.

a. universalism b. double-effect c. natural law d. positivist law

ANS: A

9.

REF: p.418

OBJ: LO 1,3

A newly-captured soldier is found to be in possession of documents that indicate an imminent operation targeting American soldiers. Traditional interrogation of the soldier has not yielded any results, and you are concerned that lives will be lost if the captive soldier cannot be made to reveal what he knows about the imminent attack. Believing

that time is running out, you consider authorizing the use of brutality in order to hopefully extract the information before lives are lost. Your dilemma is known as: a. the principle of double effect b. the Dirty Harry problem c. “just means” d. the Jack Bauer solution

ANS: B

10.

REF: p.418

OBJ: LO 3

Under the doctrine of “command responsibility,” a. you are responsible for making decisions that meet strict ethical standards b. you are responsible for training the soldiers under your command in the subject of ethics c. you are responsible for war crimes committed by your soldiers d. you are required to receive written approval from your superiors before engaging the enemy

ANS: C

REF: p.417

OBJ: LO 3

TRUE/FALSE

1.

The just war debate is concerned with the inevitability of war.

ANS: F

REF: p. 404

OBJ: LO 2

2.

The principle of double effect would justify a bombing that resulted in the death of civilians if the target was a legitimate military target.

ANS: T

3.

REF: pp.405-406

OBJ: LO 2

The FISA court was in response to government operations that spied on citizens in the 1970s.

ANS: T

4.

OBJ: LO 3

Renditions are always done with the host country’s knowledge.

ANS: F

5.

REF: pp. 408

REF: p.411

OBJ: LO 3

In Clark v. Martinez, the Supreme Court held that the United States could not indefinitely hold illegal aliens without some form of due process.

ANS: T

6.

REF: pp. 413

OBJ: LO 3

In Boumediene v. Bush, the Supreme Court ruled that the military commissions established by Congress were not sufficient to ensure due process.

ANS: T

REF: p.413

OBJ: LO 3

7.

Military interrogators were trained with materials derived from descriptions of techniques used by the Chinese against American soldiers in the Korean War.

ANS: T

8.

REF: p.415

OBJ: LO 3

European law enforcement seems to be more committed to a rights-based policing model even though they have been dealing with terrorism longer than the U.S.

ANS: T

9.

REF: p.422

OBJ: LO 4

The CIA agent who was fired after exposing the existence of secret prisons was Coleen Rowley.

ANS: F

10.

REF: p.424

OBJ: LO 5

According to the text, utilitarianism is the most pervasive ethical system used in the war on terror.

ANS: T

11.

REF: p. 425

OBJ: LO 5

“Means–end thinking” is the idea that what would usually be wrong can sometimes be justified to achieve a good end.

ANS: T

12.

REF: p.421

OBJ: LO 4

The Supreme Court based its rulings on the rationale that Guantanamo is considered to be a legal territory of the United States and therefore is subject to United States law.

ANS: T

13.

REF: p.413

OBJ: LO 3

Under rights-based law enforcement, any act might be justified, depending on the situation.

ANS: F

14.

REF: p.421

OBJ: LO 4

The major problem in the utilitarian ethical system is that at the time we make the decision, we are unable to know what the outcome of our actions will be.

ANS: T

15.

REF: p.421

OBJ: LO 4

The “front page test” suggests that some ethical systems rank higher than others, depending on the situation, and one should follow whichever is on the “front page” at that time.

ANS: F

REF: p.425

OBJ: LO 5

FILL-IN-THE-BLANK

1.

The name of the Iraqi prison that was the site of pictures taken of extreme torture-tactics

by Americans against Iraqi citizens was

ANS: Abu Ghraib

2.

.

REF: p. 417

OBJ: LO 3

If one undertakes an action that is a good but that also results in a negative end, as long as the negative end was not the intent of the actor, then the good action and good end can be considered a good. This is called the

ANS: principle of double effect.

3.

The

.

REF: p.405

OBJ: LO 2

was passed in response to 9/11, and created greater

investigative powers for law enforcement and government agencies.

ANS: Patriot Act

4.

The “secret” courts called the

REF: pp.407-408

OBJ: LO 3

evaluated government agents’

requests to search or conduct wiretaps of those suspected of being involved in threats to national security.

ANS: FISA courts

5.

REF: p.408

OBJ: LO 3

Government agents could demand citizens relinquish information not supported by subpoena or warrant by the use of

in an effort to investigate

threats of national security.

ANS: national security letters

6.

REF: p.408

OBJ: LO 3

The term used to describe a utilitarian principle wherein justification for bad means comes from the good end result is

ANS: means-end thinking

7.

.

REF: p.421

The dilemmas faced by soldiers and law enforcement officers are similar, as both place a great emphasis on

ANS: chain of command

8.

OBJ: LO 4

and loyalty.

REF: p.424

The policing approach called the

OBJ: LO 5

recognizes the police as

servants of the public good and states that although crime control is important, protection of civil liberties should be the fundamental mission.

ANS: rights-based model

REF: p.421

OBJ: LO 4

9.

The concept of

says an officer is responsible for war crimes

committed by his subordinates.

ANS: command responsibility

10.

REF: p.417

OBJ: LO 3

The terrorists operating in Germany in the 1970s were referred to as the gang.

ANS: Baeder-Meinhoff

11.

OBJ: LO 4

Each of the Criminal Justice subsystems examined in this book have in common the presence of authority, power,

ANS: discretion

12.

REF: p. 422

A

, and force.

REF: p.403

OBJ: LO 1

is an organization that gathers and analyzes intelligence collected

by law enforcement agencies.

ANS: fusion center

13.

In the case of

REF: p.404

OBJ: LO 2, 3

, the Supreme Court held that U.S. citizens could not be

held indefinitely without charges even if they were labeled enemy combatants.

ANS: Hamdi v. Rumsfeld

14.

REF: p.413

OBJ: LO 3

According to the text, ultimately ethics is about facing a

and making a

decision.

ANS: dilemma

15.

REF: p.423

OBJ: LO 5

When faced with a dilemma, one should consider the applicable law or policy, then consider the

ANS: ethical systems

.

REF: p.425

OBJ: LO 5

ESSAY

1.

What are the two justifications for a “just war”?

ANS: answer not provided

2.

REF: pp. 404

OBJ: LO 2

Explain why “means-end” thinking leads to criminal actions.

ANS: answer not provided

3.

REF: p.421

OBJ: LO 4

Briefly explain why utilitarianism can be considered the most pervasive ethical system used in the war on terror?

ANS: answer not provided

4.

REF: p. 418

OBJ: LO 2, 3

Briefly describe how utilitarianism can be used to both support and reject the use of torture in interrogations.

ANS: answer not provided

5.

OBJ: LO 1, 3

Discuss the various ways in which the federal government has responded to terrorism.

ANS: answer not provided

6.

REF: pp. 419-420

REF: pp.406-420

OBJ: LO 3

Explain the decisions and ramifications of Hamdi v. Rumsfeld, Rasul v. Bush, and Clark v. Martinez.

ANS: answer not provided

REF: p. 413

OBJ: LO 3

7.

What is the argument in support of torture? What is the argument against it? Be sure to refer to the applicable ethical systems.

ANS: answer not provided

8.

OBJ: LO 3

Explain how the nation’s response to 9/11 has impacted local law enforcement.

ANS: answer not provided

9.

REF: pp.418-420

REF: pp.404, 406-407, 421-422

OBJ: LO 3, 4

Compare and contrast the crime control approach and the rights-based approach of law enforcement.

ANS: answer not provided

10.

REF: pp. 420-422

OBJ: LO 4

What are some rights recognized by the United Nations and the European Union, regarding a nation’s law enforcement and judiciary?

ANS: answer not provided

REF: pp. 421-22

OBJ: LO 4