Professional Ethics in Criminal Justice Being Ethical When No One is Looking, 3E Jay S. Albanese Tes

Type:

Test Bank

Professional Ethics in Criminal Resource: Justice: Being Ethical When No One is Looking Edition:

3

Author(s):

Jay S. Albanese

Test Bank for

Professional Ethics in Criminal Justice: Being Ethical When No One is Looking Third Edition Jay S. Albanese Virginia Commonwealth University

Prepared by: Kerry Muehlenbeck Mesa Community College

i

Table of Contents Chapter 1: Recognizing Ethical Decisions

[page 1]

Chapter 2: Virtue Ethics

[page 9]

Chapter 3: Formalism

[page 18]

Chapter 4: Utilitarianism

[page 26]

Chapter 5: Crime and Law

[page 35]

Chapter 6: Police

[page 44]

Chapter 7: Courts

[page 54]

Chapter 8: Punishment and Corrections

[page 62]

Chapter 9: Liability

[page 71]

Chapter 10: The Future

[page 79]

Answer Key

[page 86]

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CHAPTER 1 Recognizing Ethical Dilemmas Chapter 1 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. Heraclitus wrote, “Character is destiny.” One’s character, and therefore destiny, is made of three (3) essential qualities. Which of the following is not one of those qualities? a. duty b. good principles c. moral courage d. conscience Answer: Objective: Reference: Level:

a To develop the ability to understand the essence of good character.

Page 2 Intermediate

2. Which of the following behaviors has no moral content? a. Turning in the wallet you found to the school office. b. Telling the professor that a student is cheating. c. Deciding not to shower for a week. d. Keeping $20 in change when you knew you were only supposed to receive $2.

Answer: Objective: Reference: Level:

c To distinguish between morals, values, and ethics.

Page 2 2

3. Certain categories of human beings are exempt from discussion of ethics and thus cannot be held to ethical standards. Which one of the following is an example of these categories? a. Lawyers b. Young children c. Middle aged individuals d. Geniuses Answer: Objective: Reference: Level:

b To distinguish between morals, values, and ethics.

Page 2 Intermediate

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4. What is the difference between morals and ethics? a. Ethics are rules of good conduct; morals are the study of ethics. b. Morals are rules of good conduct; ethics is the study of morals. c. Morals are the law; ethics are individual values. . d. There is no difference; they are the same thing.

Answer: Objective: Reference: Level:

b To distinguish between morals, values, and ethics.

Page 2 Difficult

5. A person of good _________is one who engages consistently in moral conduct, regardless of what the law demands. a. Character b. Integrity c. Virtue d. Behavior Answer: Objective: Reference: Level:

a To distinguish between morals, values, and ethics.

Page 3 Easy

6. How can values be verified? a. Empirical observations b. Facts c. Reason d. Politicians Answer: Objective: Reference: Level:

c To distinguish between morals, values, and ethics.

Page 3 Easy

7. What is the ability to evaluate viewpoints, facts, and behaviors objectively in order to assess the true worth of an act or course of conduct? a. Etiquette b. Morals c. Values d. Critical thinking Answer: Objective: Reference: Level:

d To understand the importance of critical thinking to ethics.

Page 3 Intermediate

2

8. Guidelines for how people should interact with others in all social relations is the definition for what term? a. Etiquette b. Morals c. Values d. Critical thinking Answer: Objective: Reference: Level:

a To increase awareness of the connection between etiquette and ethics.

Page 4 Easy

9. What are ethical obligations toward others in behavior? a. Manners b. Morals c. Etiquette d. Values Answer: Objective: Reference: Level:

b To increase awareness of the connection between etiquette and ethics.

Page 4 Intermediate

10. The research regarding altruism toward Jews in WWII and the students who wear counterfeit glasses seem to indicate that: a. small steps may be the path toward ethical or unethical conduct b. studying ethics will guarantee ethical conduct c. heroes are born d. proper etiquette is crucial to social welfare Answer: Objective: Reference: Level:

a To increase awareness of the connection between etiquette and ethics.

Page 4-5 Difficult

11. The belief that morals can be different, but none are better than another is called what? a. Moral intuition b. Ethics c. Moral relativism d. Tolerance Answer: Objective: Reference: Level:

c To recognize the concept of moral relativism.

Page 5 Easy

3

12. Moral relativism is synonymous with: a. tolerance b. situational ethics c. judgmentalism d. anarchy Answer: Objective: Reference: Level:

b To recognize the concept of moral relativism.

Page 5 Intermediate

13. Critical thinking should be done according to a specific set of skills. Which best describes the order of those skills? a. Maintain an open mind, evaluate relevant facts, identify moral question, apply ethical principles b. Maintain an open mind, identify moral question, evaluate relevant facts, apply ethical principles c. Maintain an open mind, draw a conclusion, identify relevant facts, apply ethical principles d. Draw a conclusion, identify relevant facts, apply ethical principles, maintain an open mind Answer: Objective: Reference: Level:

a To understand the importance of critical thinking to ethics.

Page 8 Difficult

14. Who compiled a short book entitled Rules of Civility and Decent Behavior in Company and Conversation? a. Heraclitus b. Mother Theresa c. George Washington d. Ervin Staub Answer: Objective: Reference: Level:

c To increase awareness of the connection between etiquette and ethics.

Page 4 Easy

15. Infanticide was accepted in Ancient Greece and in parts of today’s China, but it is immoral elsewhere. This is an example of: a. arbitrary killing b. moral relativism c. moral intuition d. tolerance 4

Answer: Objective: Reference: Level:

b To recognize the concept of moral relativism.

Page 5 Intermediate

Chapter 1 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

16. Moral courage is the conviction to act upon one’s conscience. a. True b. False Answer: Objective: Reference: Level:

a To develop the ability to understand the essence of good character.

Page 2 Easy

17. The vast majority of behaviors in which a person engages has moral content and is included within the purview of ethics. a. True b. False Answer: Objective: Reference: Level:

a To distinguish between morals, values, and ethics.

Page 2 Intermediate

18. Audrey was busy grilling steak on the patio. She ran inside the house to grab some more seasonings. When she returned, she found her dog, Dakota, eating the steak. True or False: Dakota’s behavior was unethical. a. True b. False Answer: Objective: Reference: Level:

b To distinguish between morals, values, and ethics.

Page 2 Intermediate

5

19. Discussions of ethics are limited to human beings because lower animals lack the capacity to reason. a. True b. False Answer: Objective: Reference: Level:

a To distinguish between morals, values, and ethics.

Page 2 Easy

20. The law requires more than morality requires. a. True b. False Answer: Objective: Reference: Level:

b To distinguish between morals, values, and ethics.

Page 3 Intermediate

21. Values are judgments of worth of attitudes, statements, and behaviors. a. True b. False Answer: Objective: Reference: Level:

a To distinguish between morals, values, and ethics.

Page 3 Easy

22. Critical thinking is routinely taught in school. a. True b. False Answer: Objective: Reference: Level:

b To understand the importance of critical thinking to ethics.

Page 4 Intermediate

23. Morality and ethics are acquired naturally and therefore cannot be taught. a. True b. False Answer: Objective: Reference: Level:

b To distinguish between morals, values, and ethics.

Page 4 Easy

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24. Morals are easier to teach today than they were 50 to 100 years ago. a. True b. False Answer: Objective: Reference: Level:

b To understand the importance of critical thinking to ethics.

Page 4 Intermediate

25. Moral relevance is also known as tolerance. a. True b. False Answer: Objective: Reference: Level:

b To recognize the concept of moral relativism.

Page 5 Difficult

Chapter 1 Essay 1. Distinguish between morals, ethics, and values. *All are inter-related. Morals are the rules for permissible behavior/proper action in a particular ethical system. They represent more than what the law requires; the law provides only the baseline of civil behavior. Morals distinguish between right and wrong. Ethics is the study of morality (i.e. what constitutes good conduct). The morals of one ethical system may be different from another. Within a particular ethical system and its governing morals, values emerge. These are judgments of worth of attitudes, statements, or behaviors. Values can only be verified through reason; they characterize something. Values might include love, nonviolence, family, hard work, saving, and self discipline.

Objective: Reference: Level:

To distinguish between morals, values, and ethics.

Page 2-3 Difficult

2. What is the difference between morals and etiquette? * Etiquette (manners) is a precursor to morals. Etiquette tells us how people should interact with others in social relationships. Morals express ethical obligations toward others in behavior. People who have bad manners (i.e. are rude, inconsiderate) are also likely to engage in unethical conduct because of their selfish view of the world and their failure to acknowledge other views. Many rules of etiquette underlie the principles of ethical conduct. Studies like the Staub’s work on altruism towards Jews in WWII and students who wear counterfeit sunglasses suggest that seemingly innocuous bad manners may have an impact on moral behavior. Good etiquette does not guarantee moral conduct, but it is related.

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Objective: Reference: Level:

To increase awareness of the connection between etiquette and ethics.

Page 4-5 Intermediate

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CHAPTER 2 Virtue Ethics Chapter 2 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. The great Virtue Ethics thinkers appeared in time in which order? a. Plato- Socrates- Aristotle b. Socrates- Aristotle- Plato c. Socrates – Plato- Aristotle d. Socrates- Aristotle- Nichomachus Answer: Objective: Reference: Level:

c To understand the centrality of moral virtue to understanding the ethics of Aristotle.

Page 12 Easy

2. Aristotle believed that goods and pleasures were often confused with each other. As such, what did he develop to help individuals decipher the difference? a. Nichomachean rules b. Hierarchy of goods c. Ranking of pleasures d. The Golden Mean Answer: Objective: Reference: Level:

b To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13 Easy

3. Health, knowledge, and civil peace are what type of goods? a. Real goods b. Apparent goods c. Hierarchy of goods d. The ultimate goods Answer: Objective: Reference: Level:

a To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13 Easy

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4. Love of sweets, good music, and fine wines are what type of goods? a. Noxious apparent goods b. Innocuous apparent goods c. Innocuous real goods d. Real goods Answer: Objective: Reference: Level:

b To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13 Intermediate

5. Which one of the following is a noxious apparent good? a. Good music b. Fame and power c. Love of chocolate and red wine d. All of the above Answer: Objective: Reference: Level:

b To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13 Difficult

6. What, in addition to moral virtue, is required to achieve happiness? a. Money b. Education c. Hedonism d. Good fortune Answer: Objective: Reference: Level:

d To recognize the distinctions among virtue ethics, stoicism, and hedonism.

Page 14 Difficult

7. “One swallow does not make a summer” illustrates which concept within Virtue Ethics? a. Happiness is the ultimate good. b. A complete life is needed to measure happiness. c. Misfortune is a permanent obstacle to ethical happiness. d. A discussion of ethics is wasted on the young.

Answer: Objective: Reference: Level:

b To recognize the distinctions among virtue ethics, stoicism, and hedonism.

Page 14 Difficult

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8. What type of virtue consists of learning, knowledge, and the creative activities of the mind that help individuals achieve their potential? a. Intellectual b. Aristotelian c. Moral d. Habitual Answer: Objective: Reference: Level:

a To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Intermediate

9. Why was Aristotle’s theory of ethics the most prominent theory of moral virtue? a. It was absolute in its teachings. b. It was more even handed than the others. c. It always sought the greatest good for the greatest number. d. It required the memorization of only three short imperatives.

Answer: Objective: Reference: Level:

b To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Intermediate

10. Slick Rick constantly seeks the attention of others. In order to impress his co-workers, he donates $1,000 to the Red Cross during the office’s annual fundraiser. What can be said about Rick? a. He is a virtuous person who did a virtuous act. b. He is not a virtuous person, but he did a virtuous act. c. He is not a virtuous person; and he did not do a virtuous act. d. He is virtuous.

Answer: Objective: Reference: Level:

b To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Difficult

11. According to Aristotle: a. Future conduct is irrelevant b. Moral virtues require practice and teaching c. Following specific rules are the sure path to happiness d. None of the above Answer:

b 11

Objective: Reference: Level:

To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Difficult

12. Judging moral virtue can be difficult. Accordingly, Aristotle provided a method to achieve moral virtue. What is that method? a. Do unto others before they do unto you. b. Seek apparent goods. c. Follow the Golden Rule. d. Seek the mean between excess and deficiency.

Answer: Objective: Reference: Level:

d To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 16 Intermediate

13. Aristotle described ten moral virtues. Which four of those virtues are the “cardinal virtues,” those to which all of the other virtues are anchored? a. Wittiness, truthfulness, good friend, good temper b. Ambition, pride, justice, prudence c. Courage, temperance, prudence, justice d. Courage, temperance, inhibition, justice Answer: Objective: Reference: Level:

c To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 17 Difficult

14. Moral virtue + Intellectual virtue = _____________. a. Excellence of character b. The Golden Rule c. A cardinal virtue d. Happiness Answer: Objective: Reference: Level:

a To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 17 Difficult

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15. A study of college students in the United States and Korea found consistent results in the student rankings of what made them happy. What made them most happy? a. Money and luxury b. Competence and self-respect c. A good body d. Popularity Answer: Objective: Reference: Level:

b To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 18 Difficult

Chapter 2 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

16. The Socratic method is a dialectic method that uses questions and answers to arrive at the truth. a. True b. False Answer: Objective: Reference: Level:

a To understand the centrality of moral virtue to understanding the ethics of Aristotle.

Page 12 Easy

17. In The Republic, Aristotle presented the first systemic study of ethics in the history of the Western World. a. True b. False Answer: Objective: Reference: Level:

b To understand the centrality of moral virtue to understanding the ethics of Aristotle.

Page 12 Intermediate

18. Aristotle believed that discussion of ethics is wasted on the young. a. True b. False Answer: Objective:

a To understand the centrality of moral virtue to understanding the ethics of Aristotle.

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Reference: Level:

Page 13 Difficult

19. According to Aristotle, those things that are pursued for their own sake (rather than for something else) are known as apparent goods. a. True b. False Answer: Objective: Reference: Level:

b To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13 Easy

20. According to Aristotle, real goods are things we ought to desire, regardless of whether we really do. a. True b. False Answer: Objective: Reference: Level:

a To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13 Easy

21. According to Aristotle, the ultimate good is knowledge. a. True b. False Answer: Objective: Reference: Level:

b To recognize the distinctions among virtue ethics, stoicism, and hedonism.

Page 14 Intermediate

22. Hedonism views pleasure as the ultimate virtue. a. True b. False Answer: Objective: Reference: Level:

a To recognize the distinctions among virtue ethics, stoicism, and hedonism.

Page 14 Easy

23. Altruism is the philosophy of self-control, serenity, and calm acceptance of suffering. a. True b. False 14

Answer: Objective: Reference: Level:

b To recognize the distinctions among virtue ethics, stoicism, and hedonism.

Page 14 Intermediate

24. Moral virtue is an innate quality that cannot be refined over time. a. True b. False Answer: Objective: Reference: Level:

b To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Difficult

25. Aristotle identifies two types of virtue: moral virtue and intellectual virtue. a. True b. False Answer: Objective: Reference: Level:

a To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Intermediate

26. Moral virtue can only be achieved through practice. a. True b. False Answer: Objective: Reference: Level:

a To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15 Intermediate

27. Larceny is the mean between petty theft and grand larceny. a. True b. False Answer: Objective: Reference: Level:

b To develop skills in applying moral virtues and real goods in evaluating ethical dilemmas.

Page 16 Difficult

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28. Courage is the mean between cowardice and rashness. a. True b. False Answer: Objective: Reference: Level:

a To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 17 Intermediate

29. According to virtue ethics, morality is about following the rules. a. True b. False Answer: Objective: Reference: Level:

b To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 18 Difficult

30. Research suggests that the things that bring true happiness involve virtues and personal development rather than the acquisition of goods. a. True b. False Answer: Objective: Reference: Level:

a To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 18 Intermediate

Chapter 2 Essay 1. Aristotle sees all human activities aimed at some good, but some goods are subordinate to others. Please discuss, in detail, Aristotle’s hierarchy of goods. * Good and pleasure are often confused. Accordingly, Aristotle identified two types of goods: real and apparent. Real goods are things we ought to desire, regardless of whether we really do. They are good in themselves and should be the focus of all ethical action. Real goods include bodily goods (food, shelter, health), social goods (liberty, friends/loved ones, civil peace) and goods needed for livelihood (enough wealth to live decently, pleasure, and knowledge).

Apparent goods are different. While they may be apparently good because we desire them, they are not always really good for us. Apparent goods can be innocuous (love of sweets, good music, fine wine) if they are pursued in moderation and do not interfere with the pursuit of real goods. Noxious apparent goods are not needed at all and can lead to bad moral virtues (such as fame and power).

16

Objective: Reference: Level:

To appreciate the hierarchy of goods and the difference between real and apparent goods.

Page 13-14 Intermediate

2. Explain Aristotle’s concept of moral virtue and how it is achieved. *Virtue takes two forms: intellectual and moral virtue. Intellectual virtue consists of the knowledge and creative activities of the mind that help us achieve our potential. Moral virtue, on the other hand develops as a result of habit and does not occur naturally. Individuals must learn moral virtue through practice, teaching, exposure, and support. Ultimately, a morally virtuous person is one who seeks real goods in a morally correct manner. The correct manner in all things is to seek the mean (i.e. find the middle) between excess and deficiency. Aristotle described ten moral virtues, with courage, temperance, prudence, and justice as the four virtues upon which all the other virtues were anchored. These four were known as the cardinal virtues. A morally virtuous person will always do the right thing and has no need of specific rules of conduct.

Objective: Reference: Level:

To increase understanding of the linkage between the moral virtues in pursuing real goods.

Page 15-18 Difficult

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CHAPTER 3 Formalism Chapter 3 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. Emmanuel Kant is most associated with which ethical system? a. Utilitarianism b. Ethical formalism c. Ethics of virtue d. Moral relativism Answer: Objective: Reference: Level:

b To understand the nature of deontological ethics.

Page 25 Easy

2. According to deontological ethics, an act is moral because: a. it has good consequences b. it is motivated by duty c. it is motivated by good inclinations d. it is agreed upon by the moral majority Answer: Objective: Reference: Level:

b To recognize the centrality of duties versus inclinations in Kantian ethics.

Page 26 Easy

3. Which of the following is a categorical imperative? a. Do God’s will. b. Do not steal because you will go to prison. c. Go to church or you will or go to hell. d. Go to medical school to learn medical skills.

Answer: Objective: Reference: Level:

a To increase the ability to isolate the categorical imperative from any set of facts presented in an ethical dilemma.

Page 27 Easy

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4. The hypothetical imperative is similar to: a. Kohlberg’s pre-conventional morality b. Aristotle’s real goods c. Aristotle’s apparent goods d. Mill’s greatest good principle Answer: Objective: Reference: Level:

c To distinguish the categorical imperative from the practical imperative and hypothetical imperatives.

Page 27 Difficult

5. Which of the following is Kant’s principle that states, “Act in such a way that you treat humanity, yourself, and another, always the same—as an end and never simply as a means”? a. Hypothetical imperative b. Practical imperative c. Categorical imperative d. Kingdom of ends Answer: Objective: Reference: Level:

d To distinguish the categorical imperative from the practical imperative and hypothetical imperatives.

Page 27 Intermediate

6. Ryder is walking home one night from his high school baseball game. His younger sister, Lydia, is with him. A man with a knife jumps from the shadows, grabs Lydia, and starts to stab her. Ryder takes his baseball bat and beats the man in defense of his sister.

The prosecutor rules his actions are in defense of his sister and do not charge him.

Ryder’s conduct: a. violates the practical imperative b. violates the categorical imperative c. violates both the practical and categorical imperatives d. none of the above Answer: Objective: Reference: Level:

c To distinguish the categorical imperative from the practical imperative and hypothetical imperatives.

Page 28 Difficult

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7. “Do unto others as you would have them do unto you” is an example of: a. the Golden Rule b. the categorical imperative c. the practical imperative d. none of the above Answer: Objective: Reference: Level:

a To understand the nature of deontological ethics.

Page 28 Intermediate

8. What is the biggest criticism of Kant’s formalism? a. It looks at the end result instead of the person’s intentions. b. It is often inflexible in the face of real life events. c. It focuses on what a person ought to do, regardless of whether it is convenient or popular. d. None of the above Answer: Objective: Reference: Level:

b To understand why lying is never permitted using the ethics of formalism.

Page 29 Intermediate

9. Anne Frank and her Jewish family hid in an attic during WWII, fearing discovery by the Nazis. If the Nazis had asked the homeowners if they were hiding Jews, what would Kant have told them to do? a. Tell the truth. b. Tell the truth, but only if the Nazis promised not to punish anyone. c. Lie because Nazis do not deserve the truth. d. Lie because it will save the Franks’ lives.

Answer: Objective: Reference: Level:

a To understand why lying is never permitted using ethics of formalism.

Page 29-30 Difficult

10. Kathy appears healthy, has no obvious symptoms, and is readying for a weeklong vacation in Greece. Unfortunately, Kathy’s doctor has determined that she has skin cancer. According to the tests, she only has six months to live. Chemotherapy might extend her life by a few months, but will have significant side effects. Her doctor believes that chemotherapy is neither warranted, nor should it be used on individuals who have no chance of recovery. If Kant were Kathy’s doctor, what would he do? a. Tell her about the cancer, but don’t tell her how long she has to live. b. Wait until after her vacation and then tell her. c. Tell her immediately that she has six months to live. d. Tell her husband so that he may tell her.

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Answer: Objective: Reference: Level:

c To understand why lying is never permitted using the ethics of formalism.

Page 29 Difficult

Chapter 3 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

11. Kant’s theory is a nonconsequentialist approach to the study of ethics. a. True b. False Answer: Objective: Reference: Level:

a To understand the nature of deontological ethics.

Page 26 Easy

12. Duty is what a person ought to do to achieve the best outcome. a. True b. False Answer: Objective: Reference: Level:

b To recognize the centrality of duties versus inclinations in Kantian ethics.

Page 26 Easy

13. The centerpiece of Kant’s philosophy is the categorical imperative. a. True b. False Answer: Objective: Reference: Level:

a To increase the ability to isolate the categorical imperative from any set of facts presented in an ethical dilemma.

Page 26 Easy

14. According to deontological ethical systems, morality of an action is determined by whether it conforms to (or violates) a moral principle. a. True b. False Answer: Objective: Reference:

a To understand the nature of deontological ethics.

Page 26 21

Level:

Easy

15. Ethical formalism is a teleological ethical system. a. True b. False Answer: Objective: Reference: Level:

b To understand the nature of deontological ethics.

Page 26 Easy

16. According to the categorical imperative, it is wrong to make a promise you have no intention of keeping, even if it is a trivial promise like, “I will call you tomorrow.” a. True b. False Answer: Objective: Reference: Level:

a To increase the ability to isolate the categorical imperative from any set of facts presented in an ethical dilemma. page 27 Intermediate

17. Ten-year-old Ricky Clements finds a wallet on the street in his neighborhood. Formalist ethics would demand that he try to find the owner, only if there was money in the wallet. a. True b. False Answer: Objective: Reference: Level:

b To increase the ability to isolate the categorical imperative from any set of facts presented in an ethical dilemma.

Page 27 Intermediate

18. You see the car in front of you strike a pedestrian. You stop to help. You drag the injured woman out of the street so she will not be hit again. As it turns out, your movement of the victim caused her to be paralyzed. According to Kant, your behavior is ethical. a. True b. False Answer: Objective: Reference: Level:

a To increase the ability to isolate the categorical imperative from any set of facts presented in an ethical dilemma.

Page 28 Intermediate

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19. In Kant’s Kingdom of Ends, those with the most experience decide what the moral rules for a society should be. a. True b. False Answer: Objective: Reference: Level:

b To understand the nature of deontological ethics.

Page 28 Intermediate

20. Kant’s ethical reasoning is the same as “The Golden Rule.” a. True b. False Answer: Objective: Reference: Level:

b To distinguish the categorical imperative from the practical imperative and hypothetical imperatives.

Page 28 Intermediate

21. When a newspaper reporter argues that the practice of buying counterfeit goods is wrong because it supports mafias, avoids taxes, and leads to abuse of children, she is making a formalist argument. a. True b. False Answer: Objective: Reference: Level:

b To understand the nature of deontological ethics.

Page 29 Difficult

22. According to Kant, truth is an unconditional duty and therefore even little white lies are unethical. a. True b. False Answer: Objective: Reference: Level:

a To understand why lying is never permitted using the ethics of formalism.

Page 29 Easy

23. Personal inclinations are relevant in assessing motivation for both Aristotle and Kant. a. True b. False

23

Answer: Objective: Reference: Level:

b To understand the nature of deontological ethics.

Page 30 Difficult

24. Virtue ethics is aimed at developing a moral person; formalism seeks to develop moral actions. a. True b. False Answer: Objective: Reference: Level:

a To understand the nature of deontological ethics.

Page 30 Difficult

25. Like virtue ethics, ethical formalism prescribes rules for good conduct a. True b. False Answer: Objective: Reference: Level:

b To understand the nature of deontological ethics.

Page 30 Difficult

Chapter 3 Essay 1. Distinguish and discuss Kant’s categorical, practical, and hypothetical imperatives. Provide examples for illustration. * Duty is fundamental to Kant’s view of ethics. Thus, the moral worth of an action does not lay in its expected outcome or consequences; it is determined by following an established rule. Kant’s philosophy is based on three imperatives (established rules). The first, and centerpiece of his theory, is the categorical imperative. It states that a person should never act in a in which the rule behind the action (maxim) should not become a universal law. For example, a man breaks into my house and I kill him in self-defense. The rule behind my actions is “killing is okay.” This would not make a good universal rule. The second imperative that Kant discusses is the hypothetical imperative. This is similar to Aristotle’s apparent goods. Hypothetical imperatives are means to achieve something else; they are not good in themselves. For example, I go on a diet to lose weight. While dieting may be a good thing, it is not good in itself; it is a means to an end. There are other means as well, like exercise. There is no inherent moral duty to diet or lose weight. There is a moral duty, however, not to kill. Lastly, is Kant’s practical imperative. This states that one should act in a ways such they he/she treats humanity and others as an end and never simply as a means. Thus, a person can never be used to achieve some other purpose. As mentioned above, you can never kill a person to save the life of another person under Kant’s philosophy. That would make a bad universal rule (violating the categorical imperative) and also treat one person as a means to an end (violating the practical imperative).

24

Objective: Reference: Level:

To distinguish the categorical imperative from the practical imperative and hypothetical imperatives.

Page 26-28 Intermediate

2. Compare and contrast virtue ethics with formalist ethics. *Virtue ethics and formalism have few similarities and many differences. According to virtue ethics, the goal of ethical behavior is to achieve happiness; the goal for formalism is to do one’s moral duty. Happiness takes personal inclinations into account, whereas duty does not—it focuses instead on following strict rules (Kant’s imperatives). For Aristotle, individuals become happy by following the moral virtues (the mean in all circumstances) and doing just acts. Kant, on the other hand requires conformity to the categorical imperative. When it comes to judging ethical conduct, virtue ethics will assess an individual’s pattern of conduct over time (“one swallow does not make a summer”). Formalism has no interest in consequences over time; it looks solely at whether the act comports with the imperatives. Virtue ethics aims at developing the moral person; formalism, however, seeks to develop moral actions, regardless of what the person becomes.

Objective: Reference: Level:

To understand the nature of deontological ethics.

Page 30 Difficult

25

CHAPTER 4 Utilitarianism Chapter 4 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. Nashville Police paid $120,000 over a three-year period to informants and prostitutes in an effort to stamp out the city’s illicit sex trade. The police paid informants to “touch and be touched,” in order to get evidence of prostitution? The police captain defended the practice, “It may be distasteful to some, but it is better that we have those places shut down.” His reasoning is indicative of what ethical system? a. Formalism b. Utilitarianism c. Structuralism d. Moralism Answer: Objective: Reference: Level:

b To develop an appreciation of why utilitarianism is sometimes called consequentialism.

Pages 36-37; 40 Easy

2. According to this principle, actions are right as they tend to promote happiness, and wrong as they produce pain. a. Teleology b. Apparent goodness c. Utility d. Selfishness Answer: Objective: Reference: Level:

c To understand the nature of teleological ethics and its differences from deontological ethics.

Page 37 Easy

3. Consequentialist thinkers include all of the following except whom? a. Jeremy Bentham b. Emmanuel Kant c. John Stuart Mill d. Cesare Beccaria Answer: Objective:

b To understand the nature of teleological ethics and its differences from deontological ethics.

26

Reference: Level:

Page 37 Easy

4. “Ninety-nine hundredths of all our actions are done from other motives (other than duty) and rightly so done.” Who said this? a. Aristotle b. Emmanuel Kant c. J.S. Mill d. Carol Gilligan Answer: Objective: Reference: Level:

c To develop an appreciation of why utilitarianism is sometimes called consequentialism.

Page 38 Intermediate

5. According to Mill, what are the primary factors that hinder the achievement of happiness? a. Pain and pleasure b. Selfishness and pain c. Ill motivation and lack of culture d. Selfishness and an uncultivated mind Answer: Objective: Reference: Level:

d To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 38 Intermediate

6. Homemaking entrepreneur Martha Stewart was convicted for lying to investigators about a stock trade. She was sentenced to a short prison term? If the government’s attorney had said, “this case will send an important message to others that lying to investigations is wrong,” what ethical perspective might he have? a. utilitarianism b. ethical formalism c. moral relativism d. virtue ethics Answer: Objective: Reference: Level:

a To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 39 Difficult

27

7. Which expression best summarizes utilitarianism? a. “Treat others the way you wish to be treated.” b. “Greatest good for the greatest number.” c. “Live and let live.” d. “Carpe diem.”

Answer: Objective: Reference: Level:

b To develop an appreciation of why utilitarianism is sometimes called consequentialism.

Page 39 Easy

8. Sometimes utilitarianism is summarized by the shorthand term, “the end justify the means.” This is not necessarily true under the principle of utility. Why would Mill object to this shorthand term? a. Because a morally good end cannot be served by means that are not themselves morally good. b. Because motivation has not been properly assessed. c. Because this is a maxim of expediency and not virtue. d. Because the end would still have to result in greater total happiness to justify the use of the means that might cause pain.

Answer: Objective: Reference: Level:

d To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 39 Difficult

9. Which of the following is not a criticism of utilitarianism? a. An individual’s life experience guides him/her in assessing probable outcomes. b. People will always weigh the consequences of their actions in a self serving way. c. It encourages people to act as hedonists. d. There is never enough time to truly weigh the consequences of an action.

Answer: Objective: Reference: Level:

a To appreciate criticisms of utilitarianism as a way to judge ethical action.

Page 39 Intermediate

28

10. Kelly went for a walk after school. She found Brian’s dog wandering through the neighborhood. Kelly summoned the dog, read its tags, and immediately took it to Brian’s house. Brian was extremely grateful. According to a utilitarian, why did Kelly return the dog? a. Because it was the right thing to do. b. Because it was useful to Brian. c. Because “reward if found” was on the tag. d. Because honesty is the mean between excess and deficiency.

Answer: Objective: Reference: Level:

c To develop an appreciation of why utilitarianism is sometimes called consequentialism.

Page 38 Intermediate

Chapter 4 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

11. The difference between deontological and teleological ethical systems is that deontological systems prioritize ends over the means. a. True b. False Answer: Objective: Reference: Level:

b To understand the nature of teleological ethics and its differences from deontological ethics.

Page 37 Intermediate

12. J.S. Mill took many of his utilitarian concepts from Jeremy Bentham. a. True b. False Answer: Objective: Reference: Level:

a To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 37 Easy

29

13. Hedonism and utilitarianism are the same things. a. True b. False Answer: Objective: Reference: Level:

b To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 37 Intermediate

14. According to Mill, all pleasures are equal; thus, no one can tell anyone else what will truly bring happiness across society. a. True b. False Answer: Objective: Reference: Level:

b To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 37-38 Intermediate

15. It is the total happiness (both personal and societal) that determines the utility of an action. a. True b. False Answer: Objective: Reference: Level:

a To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 38 Intermediate

16. For utilitarians, motivation is critical in determining the morality of an action. a. True b. False Answer: Objective: Reference: Level:

b To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 38 Easy

30

17. A person with a cultivated mind recognizes that sensual self-indulgence is better than good health. a. True b. False Answer: Objective: Reference: Level:

b To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 38 Intermediate

18. Motives are central to formalism, whereas they are unimportant to utilitarians. a. True b. False Answer: Objective: Reference: Level:

a To develop an appreciation of why utilitarianism is sometimes called consequentialism.

Page 38 Easy

19. According to Mill, “sacrifice for the good of others is powerful, but the sacrifice, in itself, is not good.” a. True b. False Answer: Objective: Reference: Level:

a To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 38 Intermediate

20. You visit your sick friend in the hospital. A well-meaning doctor grabs you and decides to distribute your healthy organs to a team of three world-renowned scientists who will die if they do not get immediate transplants. These three are on the brink of discovering a cure for cancer. The doctor who grabbed you must be a utilitarian. a. True b. False Answer: Objective: Reference: Level:

a To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 38 Easy

31

21. Mill and Aristotle would agree that good acts could be committed by bad persons. a. True b. False Answer: Objective: Reference: Level:

a To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 39 Difficult

22. Gordy is infatuated with one of the women at work. He knows she is an animal lover.

To impress her, he donates $500 to the local humane society at the company’s fundraising general assembly. Mill would consider Gordy’s actions ethical. a. True b. False Answer: Objective: Reference: Level:

a To develop an appreciation of why utilitarianism is sometimes called consequentialism.

Page 39 Intermediate

23. Utilitarianism has been criticized for not being practical or timely in weighing the consequences of one’s actions prior to engaging in the conduct. a. True b. False Answer: Objective: Reference: Level:

a To appreciate the criticisms of utilitarianism as a way to judge ethical action.

Page 39 Intermediate

24. Ethical conduct in a utilitarian system is reinforced when persons achieve the greatest happiness for themselves and their family. a. True b. False Answer: Objective: Reference: Level:

b To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 39 Difficult

32

25. According to the Ring of Gyges tale (about the man with the invisible ring), individuals are not just willingly; they are only just out of necessity. a. True b. False Answer: Objective: Reference: Level:

a To recognize the centrality of the principle of utility in the ethics of John Stuart Mill.

Page 44 Difficult

Chapter 4 Essay 1. Critics of utilitarianism suggest that this ethical system encourages people to act as hedonists.

Respond to this criticism. * According to Mill, all humans are subject to two masters: pain and pleasure. They try to avoid pain and maximize pleasure. However, this accusation assumes that humans are only capable of hedonistic pleasures (i.e. those of a swine). This is not true. Humans have the capacity for pleasure far greater than the mere appetite of an animal. Mill recognized that not all pleasures were equal. Some were more valuable than others. Those who only need lower pleasures to keep them happy (i.e. rolling in the mud or love of cheap whiskey) will have the greatest chance of being satisfied. However, Mill suggests, “it is better to be a human dissatisfied than a pig satisfied.” It is the experienced people in society who will determine which pleasures will truly bring happiness; and it is the measure of both personal and social happiness that determines the total overall happiness.

Objective: Reference: Level:

To appreciate criticisms of utilitarianism as a way to judge ethical action.

Page 37 Intermediate

2. An instructor mistakenly gives credit for a wrong test answer. The student tells her. Should the instructor deduct the points when the student informs her of the error? Make a utilitarian argument that the instructor should not deduct the points. *Utilitarianism decides ethical questions based on the good that results from an action.

According to the central principle of utility, actions are “good” as they promote happiness and wrong as they promote pain. Thus, goodness is determined by the consequences of an action. In this instance, the greater good is to not deduct the points and to thus promote honesty. If the instructor were to deduct points for the student’s honesty, the consequence in the future would be to encourage students not to tell the truth. Truthfulness is more important, and thus a greater good, than a few erroneously attributed points to a student’s test score. Total happiness is a measure of personal happiness plus societal happiness. While the student will be happy because he doesn’t lose points, other classmates may be unhappy that one student wrongly received extra points. However, the pain experienced by these students will be offset by the greater happiness experienced in society as a whole when greater truthful behavior results in the future.

33

Objective: Reference: Level:

To increase the ability to distinguish objective ways to assess the total happiness produced by an action.

Page 37-38 Difficult

34

CHAPTER 5 Crime and Law Chapter 5 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. Which of the following is an example of a law that did not exceed moral boundaries? a. Enslavement and killing of Jews in Nazi Germany b. Forced internment of Japanese Americans during WWII c. Criminalizing the possession of drugs d. Torture of citizens during the Spanish Inquisition Answer: Objective: Reference: Level:

c To understand the difference between the consensus view and conflict view of criminal law.

Page 48 Easy

2. This is the view that the criminal law reflects society’s agreement that a behavior is harmful enough to merit government prohibition. a. Consensus b. Conflict c. Structural d. Moral majority Answer: Objective: Reference: Level:

a To understand the difference between the consensus view and conflict view of criminal law.

Page 48 Easy

3. The Jim Crow Laws, the WWII Japanese Internment laws, and the laws of Nazi Germany all illustrate which paradigm of how law arises in a society? a. Immoral Tendencies b. Broken Windows Theory c. Ethical Formalism d. Conflict View Answer: Objective: Reference: Level:

d To understand the difference between the consensus view and conflict view of criminal law.

Page 49 Intermediate

35

4. New York City experienced a remarkable drop in the crime rate during the late 1990s because of aggressive police tactics against these sorts of offenses. a. Weapons offenses b. Quality of life c. Car theft d. Violent crimes Answer: Objective: Reference: Level:

b To appreciate the ethical issues posed by “quality of life” offenses.

Page 49 Easy

5. Alabama prevents students from carrying electronic beepers and cell phones without written parental permission. Proponents argue that these devices are used by drug dealers, distract students, and disrupt the classroom. Which ethical theory do the proponents subscribe to? a. Moral relativism b. Ethical formalism c. Utilitarianism d. The Classical School of Thought Answer: Objective: Reference: Level:

c To appreciate the ethical issues posed by “quality of life” offenses.

Page 49 Intermediate

6. Some criminals in contemporary society use this phrase to justify more minor, selfserving acts of ethical misconduct. a. “Don’t sweat the small stuff.” b. “It is what it is.” c. “You can’t always get what you want.” d. “No harm, no foul.”

Answer: Objective: Reference: Level:

a To appreciate the ethical issues posed by “quality of life” offenses.

Page 52 Easy

7. Explanations of crime are grouped into four major types. Which of the following is not one of these types? a. Ethical b. Consensus c. Structural/Conflict d. Positivistic

36

Answer: Objective: Reference: Level:

b To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 52 Easy

8. This school of thought in criminology sees crime as a result of the conscious exercise of an individual’s free will. a. Structural/Conflict b. Ethical c. Positivism d. Classical Answer: Objective: Reference: Level:

d To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 52 Easy

9. According to this criminological theory, individuals commit crime because they are influenced by a series of internal and external factors, to include biological, sociological, and psychological factors. a. Structural/Conflict b. Positivism c. Environmental d. Ethical Answer: Objective: Reference: Level:

b To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 53 Intermediate

10. On the nightly news, a criminologist argues, “It is no surprise that the prisons are filled largely with poor and powerless people, rather than the middle and upper class.” This is an example of the _________________ explanation of crime. a. Consensus b. Ethical c. Structural/Conflict d. Psychological Answer: Objective: Reference: Level:

c To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 54 Difficult 37

11. According to this view, crime occurs when a person fails to choose the proper course of action of conduct because of a failure to appreciate its wrongfulness, rather than a failure to appreciate the possibility of being caught. a. Structural/Conflict b. Sociological c. Classical d. Ethical Answer: Objective: Reference: Level:

d To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 54 Easy

12. Sociological explanations consider the environmental influences on the way people behave and can be grouped into three types. Which of the following is not one of those types? a. Those based on learning b. Those resulting from birth c. Those resulting from blocked opportunity d. Those preventing a social bond to conventional society Answer: Objective: Reference: Level:

b To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 54 Difficult

13. Ethical thinkers, Kohlberg and Gilligan, emphasized this as a remedy to criminal behavior: a. Education in ethical decision making at an early age b. Stiffer sentences c. More equitable distribution of wealth in society d. Rehabilitation through psychological therapy Answer: Objective: Reference: Level:

a To develop an appreciation for the linkage between Kohlberg’s theory of moral development and ethics.

Page 55 Difficult

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14. According to Gilligan’s Ethics of Care, there is a gender difference in how moral thinking develops. What is that difference? a. Only females are capable of developing an ethics of care. b. Women would never steal to save the life of Heinz’s wife. c. Males make decisions in terms of care and responsibility; females make decisions in terms of justice and rights. d. Females make decisions in terms of care and responsibility; males make decisions in terms of justice and rights.

Answer: Objective: Reference: Level:

d To increase understanding of Gilligan’s ethics of caring.

Page 57 Intermediate

15. Lacking education in ethical decision-making, people often do what comes naturally: they resort to decisions based on self-interest rather than on the greater interest of the community. This is the center premise of which explanation for criminal behavior. a. Structural/Conflict b. Classical c. Ethical d. Positivist Answer: Objective: Reference: Level:

c To develop an appreciation for the linkage between Kohlberg’s theory of moral development and ethics.

Page 55 Intermediate

Chapter 5 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

16. When every student in class agrees that murder, rape and robbery ought to be crimes, this illustrates the conflict view of defining criminal conduct. a. True b. False Answer: Objective: Reference: Level:

b To understand the differences between the consensus view and conflict view of criminal law.

Page 48 Intermediate

39

17. If an act is immoral, it is automatically illegal. a. True b. False Answer: Objective: Reference: Level:

b To understand the differences between the consensus view and conflict view of criminal law.

Page 49 Intermediate

18. The conflict view holds that a behavior is criminalized only when it serves the interests of those in positions of power. a. True b. False Answer: Objective: Reference: Level:

a To understand the differences between the consensus view and conflict view of criminal law.

Page 49 Easy

19. Cracking down on “quality of life” offenses suggests a formalist way of thinking. a. True b. False Answer: Objective: Reference: Level:

b To appreciate the ethical issues posed by “quality of life” offenses.

Page 49 Difficult

20. The positive school in criminology emphasizes “nurture;” the classical school emphasizes “nature.” a. True b. False Answer: Objective: Reference: Level:

a To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 53 Easy

21. Sam, the serial killer, spent most of his life bouncing between foster homes; he hung out with Satanists; had a history of ADHD and chemical imbalances; and often heard voices in his head. These facts support a positivistic explanation of his criminal behavior. a. True b. False 40

Answer: Objective: Reference: Level:

a To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 53 Difficult

22. Sociological explanations of crime are more common than any other type. a. True b. False Answer: Objective: Reference: Level:

a To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 54 Intermediate

23. According to the classical approach to explaining criminal behavior, rehabilitation of the person is the best remedy for criminal misconduct. a. True b. False Answer: Objective: Reference: Level:

b To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 53 Intermediate

24. Kohlberg’s theory of moral development suggests that people progress through stages of moral reasoning; some reach the top while others do not. a. True b. False Answer: Objective: Reference: Level:

a To develop an appreciation for the linkage between Kohlberg’s theory of moral development and ethics.

Page Difficult

41

25. Training in ethical decision-making would be a good deterrent to street crimes than it would be to white-collar crimes. a. True b. False Answer: Objective: Reference: Level:

b To develop an appreciation for the linkage between Kohlberg’s theory of moral development and ethics.

Page 58 Difficult

Chapter 5 Essay 1. Compare and contrast the four approaches to explaining criminal behavior. Be sure to address the cause of crime and the prescribed remedy for all four. *The four approaches to explaining criminal behavior are: classical, positivist, structural, and ethical. Each approaches suggests a different reason for why people engage in criminal behavior. The classical approach holds that individuals commit crime because they choose to do so. In an exercise of their free will, individuals choose the pleasure of the crime over any perceived pain of getting caught/punished. For classical thinkers, crime prevention rests on deterrence through the threat of apprehension (more cops on the street) and punishment (stiffer laws).

Positivists focus not on free will, but on other internal or external factors as the causes of crime. For example, there are biological factors (genes, chemical imbalances), psychological factors (problems with the human psyche), and sociological factors (bad environment). Crime is best prevented by bettering/reforming the individual’s internal problems (counseling, medication) and external problems (better role models, better opportunities to success).

The structuralists believe that crime has deeper roots than the environment or the pursuit of pleasure. Instead, certain social, political, and economic conditions cause certain behaviors to be defined as criminal. Laws are tools of social control, rather than a means of protecting society from harm. To stop crime, society must change. Power and wealth should be redistributed so all members have a more equal, and greater, stake in society.

Lastly, there is the ethical view that sees crime as a moral failure in decision-making. A person fails to choose the proper course of conduct because he/she simply does not know the wrongfulness of the behavior. Education and reinforcement in ethical decision-making at an early age would help deter criminal behavior.

Objective: Reference: Level:

To distinguish the major perspectives on crime causation: classical, positivism, structural, and ethical.

Page 52-57 Difficult

42

2. Discuss the two views for how certain behaviors are criminalized. Give examples. *In general terms, the criminal arises as a result of either consensus or conflict. The consensus view holds that the criminal law reflects society’s consensus that a behavior is harmful enough to merit government prohibition. Crimes like rape, murder, and robbery typically possess strong social consensus regarding their harmfulness/wrongfulness. On the other hand, there is the conflict view. This approach suggests that a behavior is criminalized not out of consensus, but only when it serves the interests of those in positions of power. Thus, the law is used as a took to protect the personal interests and property of those running the government.

Our book suggests that the laws about Jewish extermination and Japanese-American internment had no consensus behind them, but were only passed because they reflected the views of those in power.

Objective: Reference: Level:

To understand the differences between the consensus view and conflict view of criminal law.

Page 48-49 Intermediate

43

CHAPTER 6 Police Chapter 6 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. This details the requirements for arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure. a. The U.S. Congress b. The Bill of Rights c. The Patriot Act d. The U.S. Supreme Court Answer: Objective:

Reference: Level:

b To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 70 Easy

2. Which case established the legal authority and limits for a stop and frisk? a. Marbury v. Madison b. Miranda v. Arizona c. Terry v. Ohio d. The 4th amendment Answer: Objective: Reference: Level:

c To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 70 Easy

3. What is required before a police officer may conduct a frisk of an individual? a. Probable cause that the individual is armed and dangerous b. Reasonable suspicion that the individual possesses evidence of a crime c. Reasonable suspicion that criminal activity is afoot d. Reasonable suspicion that the individual is armed and dangerous Answer: Objective: Reference: Level:

d To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 71 Intermediate

44

4. What is required before a police officer may conduct a stop of an individual? a. Probable cause that the individual is armed and dangerous b. Reasonable suspicion that the individual possesses evidence of a crime c. Reasonable suspicion that criminal activity is afoot d. Reasonable suspicion that the individual is armed and dangerous Answer: Objective: Reference: Level:

c To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 71 Intermediate

5. A police officer felt a soft lumpy object in a suspects back pocket, about the size of a quarter. He was unsure what it was, so he manipulated it with his fingers. At this point he thought the object was a bag of marijuana, so he reached in and pulled it out. He was right. What was the result? a. The officer did not have reasonable suspicion that the item was a weapon; bad frisk. b. The officer had reasonable suspicion that the item was evidence of a crime; good frisk. c. The officer had reasonable suspicion that the item was a weapon; good frisk. d. The officer was conducting a pat down for officer safety; good frisk.

Answer: Objective: Reference: Level:

a To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 72 Difficult

6. Why is ethics important to the police officer in the street? a. Everyone is born with ethics, so all police officers have them. b. Ethics is easier to learn than case law. c. All laws are ethical, so learning ethics will ensure compliance with laws. d. Ethics offer an objective standard to address situations not yet addressed by the courts.

Answer: Objective: Reference: Level:

d To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 72 Difficult

45

7. In determining under what circumstances an individual should be stopped and frisked, which is the least helpful ethical system? a. Formalism b. Virtue Ethics c. Utilitarianism d. None of the above Answer: Objective: Reference: Level:

c To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 72 Difficult

8. What is the interpreted meaning of probable cause? a. The amount of evidence required to convict someone at trial. b. A reasonable link between a specific person and a given crime, given a totality of the circumstances. c. A majority of information pointing to a particular suspect. d. A lower standard of proof than reasonable suspicion.

Answer: Objective: Reference: Level:

b To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 73 Intermediate

9. All of the following are considered forms of police corruption, except: a. Malfeasance b. Antifeasance c. Misfeasance d. Nonfeasance Answer: Objective: Reference: Level:

b To recognize the differences among nonfeasance, misfeasance, and malfeasance in assessing police decisions.

Page 75 Intermediate

10. A police officer sees a car speeding dangerously down the highway and pulls it over.

The driver hands the officer his license with a $50 bill clipped to it. The officer takes it and does not write a ticket. Taking the money is ________________; not writing a ticket is________________. a. Malfeasance; misfeasance b. Nonfeasance; misfeasance c. Malfeasance; nonfeasance d. None of the above 46

Answer: Objective: Reference: Level:

c To recognize the differences among nonfeasance, misfeasance, and malfeasance in assessing police decisions.

Page 75 Difficult

11. According to this explanation for police corruption, if a few “rotten apples” were eliminated, corruption would disappear. a. External b. Departmental c. Managerial d. Individual Answer: Objective: Reference: Level:

d To develop an appreciation for the different causes and circumstances of police corruption.

Page 76 Intermediate

12. What explanation for police corruption suggests the existence of an organized subculture within an agency, often characterized by secrecy, loyalty, and cynicism? a. External b. Departmental c. Managerial d. Individual Answer: Objective: Reference: Level:

b To develop an appreciation for the different causes and circumstances of police corruption.

Page 76 Intermediate

13. These are the most fruitful strategies when corruption is the result of external, government factors: a. Improve police supervision and political reform through legislation b. Civilian review boards and promotions based on qualifications c. Exhaustive background checks and periodic retraining of officers d. All of the above Answer: Objective: Reference: Level:

a To develop an appreciation for the different causes and circumstances of police corruption.

Page 78 Difficult

47

14. Under what circumstance(s) are police required to advise someone of their Miranda rights? a. When the person is under arrest b. When the person is under arrest and in custody c. When the person is interrogated d. When the person is in custody and being interrogated Answer: Objective:

Reference: Level:

d To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 78 Difficult

15. A useful code of ethics should rely more on ______________. a. Statements of requirements b. Mandatory rules of conduct c. Statements of principles d. Statements of law Answer: Objective: Reference: Level:

c To evaluate the relationship between codes of ethics and ethical principles in producing consistent conduct.

Page 82 Intermediate

Chapter 6 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

16. The threat of terrorism appears to be much less specific than traditional threats to policing. a. True b. False Answer: Objective:

Reference: Level:

a To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 69 Easy

48

17. Prosecutors are the gatekeepers of the criminal justice system a. True b. False Answer: Objective:

Reference: Level:

b To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 68 Easy

18. A frisk is a search for evidence; a search is a patting down of outer clothing. a. True b. False Answer: Objective: Reference: Level:

b To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 71 Intermediate

19. Unprovoked flight in a high crime area is reasonable suspicion to stop an individual. a. True b. False Answer: Objective: Reference: Level:

a To appreciate the threshold of “stop and frisk” and its differences from probable cause in evaluating situations for police.

Page 71 Intermediate

20. The fifth amendment governs the police power to search and seize and individual. a. True b. False Answer: Objective:

Reference: Level:

b To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 73 Easy

21. When a police officer asks for consent to search a person, the officer must advise that person of his/her right to refuse consent. a. True b. False 49

Answer: Objective:

Reference: Level:

b To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 73 Intermediate

22. The use of a thermal imaging device is a search, and is therefore unlawful without a warrant. a. True b. False Answer: Objective:

Reference: Level:

a To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 74 Intermediate

23. Malfeasance is a form of corruption; whereas nonfeasance and misfeasance do not always constitute corruption. a. True b. False Answer: Objective: Reference: Level:

a To recognize the differences among nonfeasance, misfeasance, and malfeasance in assessing police decisions.

Page 75 Difficult

24. Under certain circumstances, formalist thinkers just might favor Dirty Harry police tactics. a. True b. False Answer: Objective: Reference: Level:

b To recognize the differences among nonfeasance, misfeasance, and malfeasance in assessing police decisions.

Page 78 Difficult

25. Most of the general public, as well as police administrators, believe that the Miranda warning requirement should be done away with. a. True b. False 50

Answer: Objective:

Reference: Level:

b To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 79 Intermediate

26. Mary was pulled over for speeding. During this routine traffic stop, the officer asked her if she had been drinking. Mary said, “oh just two little cocktails at happy hour.” At no time before the questioning did the officer read her the Miranda warnings. According to case law, Mary’s statements can be used against her in her trial for drunk driving. a. True b. False Answer: Objective:

Reference: Level:

a To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 79 Difficult

27. The general direction of the U.S. Supreme Court decisions has given police great latitude to stray from the strict language of the original Miranda holding. a. True b. False Answer: Objective:

Reference: Level:

a To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Page 79 Intermediate

28. The most commonly accepted incidents of lying by police occur when officers lie in court to further buttress cases against guilty offenders. a. True b. False Answer: Objective: Reference: Level:

b To develop an appreciation for the different causes and circumstances of police corruption.

Page 80 Intermediate

51

29. Under certain circumstances, both utilitarianism and virtue ethics might conclude that police lying is morally permissible. a. True b. False Answer: Objective: Reference: Level:

a To develop an appreciation for the different causes and circumstances of police corruption.

Page 81 Difficult

30. Codes of ethics are designed to promote thoughtful and professional conduct, not account for every possible situation a police officer might face. a. True b. False Answer: Objective: Reference: Level:

a To evaluate the relationship between codes of ethics and ethical principles in producing consistent conduct.

Page 82 Intermediate

Chapter 6 Essay 1. Discuss the three explanations for police corruption. * Explanations for police officer corruption come in three forms. These include a focus on individual officers, department problems, and problems external to the department.

Individual explanations see the particular officer as the primary problem. If a few “rotten apples” were eliminated, corruption would disappear. Officers with low moral fiber are quick to misuse their authority for selfish ends. These individual explanations are popular, but rejected by most experts. Departmental explanations, on the other hand, focus not on the rotten apple, but on the rotten barrel. An example of this is the deviant police subculture where loyalty and secrecy are valued instead of a commitment to higher ideals. The department subculture, often wrought with cynicism, actually condones the illegal behavior. The third explanation for corruption focuses on factors external to the department, namely government actions that make honest policing difficult. Some laws, like those against personal drug use, prostitution, and gambling, are difficult to enforce because there is no real victim. In addition, local governments who fail to properly manage the police force allow departments to self-manage, thus increasing the chance of corruption. When politics meets policing, the battle for power and the accompanying indebtedness to public officials may obscure proper police administration.

Objective: To develop an appreciation for the different causes and circumstances of police corruption.

Reference: Page 75-77 Level: Intermediate

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2. Why are legal rules insufficient to guide police actions? What might offer them proper guidance? * There are a dizzying number of court cases that attempt to balance the line between private rights and public safety. The fourth amendment governs stops and frisks, along with searches and seizures. The fifth amendment and the Miranda case address custodial police interrogations. The legal rules regarding reasonable suspicion, probable cause, and custodial interrogation are often based on a totality of circumstances in each specific case. Thus, not all possible factual scenarios have been addressed by the courts. In fact, they never will be. Ethics becomes a useful guide because laws can never anticipate the innumerable variations in circumstances that police will face. Court decisions are of little value to police in making current decisions or to the public who are the subjects of police action. Ethics offers an objective standard by which officers may go a step further in following the law. It provides clear guidance, in advance, in cases where the law’s application is still unclear, undecided, or unknown.

Objective: To understand how the Fourth and Fifth Amendments of the Bill of Rights provide the principles for police stops, searches, arrests, and interrogations.

Reference: Page 72 Level: Difficult

53

CHAPTER 7 Courts Chapter 7 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. According to James Madison, “If men were angels no government would be necessary and if angels governed, no controls on government would be necessary.” What did he mean? a. Men are not angels. b. Angels are not men. c. Government will never be good because men are not angels. d. A government must empower men to govern, but also control their power.

Answer: Objective: Reference: Level:

d To appreciate John Rawls’ theory of justice and the “greatest equal liberty” principle.

Page 91 Difficult

2. This governs the ethical conduct of lawyers. a. Model Rules of Professional Conduct b. Canons of Lawyer Ethics c. Code of Lawyer Conduct d. Model Rules of Lawyer Behavior Answer: Objective: Reference: Level:

a To recognize the importance of the Model Rules of Professional Conduct for prosecution and defense conduct.

Page 92 Easy

3. According to one prosecutor, the reason professional misconduct takes place is because “it works.” Which ethical theory would support such misconduct? a. Utilitarianism b. Virtue Ethics c. Formalism d. None of the above Answer: Objective: Reference: Level:

d To recognize the importance of the Model Rules of Professional Conduct for prosecution and defense conduct.

Page 92 Intermediate 54

4. In an effort to deter conduct of mob lawyers, the government has turned to _________________ laws. a. Mandatory sentencing b. Forfeiture c. White-collar crime d. Search and seizure Answer: Objective: Reference: Level:

b To understand what a “mob lawyer” is and the proper role of a defense attorney in criminal cases.

Page 93 Intermediate

5. The prosecutor’s discretion is considerable in the manner in which the law can be enforced and adjudicated. For what have prosecutors garnered the greatest criticism? a. Selective prosecution b. Minimum sentencing laws c. Plea-bargaining d. Failure to charge Answer: Objective: Reference: Level:

c To evaluate the nature of plea bargaining and the ethical dilemma it creates.

Page 96 Easy

6. Plea-bargaining is often justified by which ethical theory because an immediate and certain conviction/sentence is better than the uncertainty of going to a jury trial? a. Formalism b. Utilitarianism c. Virtue ethics d. Moral relativism Answer: Objective: Reference: Level:

b To evaluate the nature of plea bargaining and the ethical dilemma it creates.

Page 96 Difficult

7. What are the two important kinds of decisions that judges are required to make? a. Rulings on evidence and sentence choices b. Rulings on evidence and courtroom security c. Plea bargains and sentence choices d. Jury selection and public defender salaries 55

Answer: Objective: Reference: Level:

a To understand the ethical underpinnings of sentencing decisions.

Page 97 Difficult

8. A scientist was sentenced to prison for conspiracy to sell trade secrets worth $8 million.

The scientist had cancer and was expected to live only six months longer. He told the judge, “I don’t want to die in prison.” But the judge said he had “no choice” and sentenced the scientist to the five years in prison. What ethical theory best describes the absolute position of the sentencing judge? a. Impartiality b. Utilitarianism c. Virtue ethics d. Formalism Answer: Objective: Reference: Level:

d To understand the ethical underpinnings of sentencing decisions.

Page 97 Difficult

9. What ethical theory looks toward the future in assessing the impact of alternate sentences of the future conduct of the offender and also within general society (i.e. deterrence)? a. Formalism b. Virtue ethics c. Utilitarianism d. None of the above Answer: Objective: Reference: Level:

c To understand the ethical underpinnings of sentencing decisions.

Page 97 Intermediate

10. What ethical theory looks at the present in assessing the impact of alternate sentences, focusing less on the act committed and more on the character of the person who committed it and how a sentence would work to achieve moral virtue? a. Formalism b. Virtue ethics c. Utilitarianism d. None of the above Answer: Objective: Reference: Level:

b To understand the ethical underpinnings of sentencing decisions.

Page 97 Intermediate

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Chapter 7 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

11. According to John Rawls’ Theory of Justice, inequality in social outcomes can never be accepted because “justice equals fairness.” a. True b. False Answer: Objective: Reference: Level:

b To appreciate John Rawls’ theory of justice and the “greatest equal liberty” principle.

Page 91 Easy

12. According to John Rawls’ Greatest Equal Liberty Principle, everyone should have the same right to social and economic opportunities. a. True b. False Answer: Objective: Reference: Level:

a To appreciate John Rawls’ theory of justice and the “greatest equal liberty” principle.

Page 91 Intermediate

13. According to the most recent public opinion poll, 90% of the public believes the criminal justice system is “very fair.” a. True b. False Answer: Objective: Reference: Level:

b To appreciate John Rawls’ theory of justice and the “greatest equal liberty” principle.

Page 91 Intermediate

14. Aristotle wrote disparagingly of attorney advocates who misrepresent the truth, making the guilty appear innocent. a. True b. False Answer: Objective: Reference: Level:

a To recognize the importance of the Model Rules of Professional Conduct for prosecution and defense conduct.

Page 92 Intermediate 57

15. The U.S. Supreme Court has held that prosecutors are not personally liable for misconduct in presenting a case. a. True b. False Answer: Objective: Reference: Level:

a To recognize the importance of the Model Rules of Professional Conduct for prosecution and defense conduct.

Page 92 Intermediate

16. The prosecutor’s main ethical duty is to get a conviction. a. True b. False Answer: Objective: Reference: Level:

b To recognize the importance of the Model Rules of Professional Conduct for prosecution and defense conduct.

Page 93 Intermediate

17. Mob lawyers actually participate in the organized crime of their mob clients. a. True b. False Answer: Objective: Reference: Level:

a To understand what a “mod lawyer” is and the proper role of a defense attorney in criminal cases.

Page 93 Easy

18. A defense attorney’s job is to represent the legal rights of defendants; not to seek an acquittal. a. True b. False Answer: Objective: Reference: Level:

a To understand what a “mod lawyer” is and the proper role of a defense attorney in criminal cases.

Page 95 Intermediate

19. A defense attorney who refuses to allow his client to testify falsely is in violation of the constitution. a. True b. False 58

Answer: Objective: Reference: Level:

b To understand what a “mod lawyer” is and the proper role of a defense attorney in criminal cases.

Page 95 Intermediate

20. The scope of a prosecutor’s discretion continues to expand as the adoption of mandatory minimum sentence laws and truth-in-sentencing laws reduce a judge’s flexibility in sentencing choices. a. True b. False Answer: Objective: Reference: Level:

a To assess the scope of a prosecutor’s discretion and its implication for ethical conduct.

Page 96 Intermediate

21. Plea-bargaining is the method of settlement for approximately 90 percent of all criminal cases. a. True b. False Answer: Objective: Reference: Level:

b To evaluate the nature of plea bargaining and the ethical dilemma it creates.

Page 96 Intermediate

22. Plea bargains often result in higher sentences for the defendant. a. True b. False Answer: Objective: Reference: Level:

b To evaluate the nature of plea bargaining and the ethical dilemma it creates.

Page 96 Easy

23. Sentencing of offenders is assessed differently using different ethical perspectives. a. True b. False Answer: Objective: Reference:

a To understand the ethical underpinnings of sentencing decisions.

Page 97 59

Level:

Easy

24. In determining a sentence, a utilitarian judge will look to the past, seeing that punishment can be based only in proportion to the seriousness of past conduct (i.e. retribution). a. True b. False Answer: Objective: Reference: Level:

b To understand the ethical underpinnings of sentencing decisions.

Page 97 Difficult

25. A judge in New Jersey ruled that criminals may have their DNA samples destroyed after they complete their prison terms. If the judge had said, “this policy uses persons, via their DNA, as a means to protect society in the future,” Kant would have agreed with him. a. True b. False Answer: Objective: Reference: Level:

a To understand the ethical underpinnings of sentencing decisions.

Page 97 Difficult

Chapter 7 Essay 1. Describe the prosecutor’s discretion in the manner in which the law can be enforced and adjudicated. How is their discretion an ethical issue? * Prosecutors have a large amount of discretion in the criminal justice system. They decide what case to prosecute, what charges to file, whether or not to accept a plea bargain, and what sentence to recommend. Thus, they have discretion at virtually all important decision points in the criminal justice process. Their discretion continues to expand as the adoption of mandatory minimum sentence laws and truth-in-sentencing laws reduce the judge’s authority in sentencing. This shift away from judges has been criticized for placing too much power in the hands of one person. Clearly, prosecutors have opportunities to misuse their discretionary powers because of the tremendous scope of their authority. Without a strong underlying ethical systems, prosecutors may be tempted to misuse that authority.

Objective: To assess the scope of a prosecutor’s discretion and its implication for ethical conduct.

Reference: Page 96 Level: Intermediate 2. Sentencing of offenders is assessed differently using different ethical perspectives. Explain. * The sentence of an offender may vary depending on the underlying ethical perspective of the sentencing judge. Utilitarianism looks toward the future in assessing the impact of alternate sentences on the future conduct of the offender and also within general society (i.e.

60

deterrence). Formalism looks to the past, seeing that punishment can be based only in proportion to the seriousness of past conduct (retribution). Attempting to anticipate the impact of the sentence on the offender in the future, or on others in the future, cannot be known, and unjustly uses the current offender as a means to an end. Virtue ethics looks at the present, focusing less on the act committed and more on the character of the person who committed it and how a sentence would work to achieve real goods in accord with the moral virtues.

Objective: To understand the ethical underpinnings of sentencing decisions.

Reference: Page 97-98 Level: Difficult

61

CHAPTER 8 Punishment and Corrections Chapter 8 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. Which of the following is not a rationale for punishment? a. Retribution b. Revenge c. Incapacitation d. Deterrence Objective: Reference: Level:

To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 105 Easy

2. Which rationale for punishment is not acceptable to utilitarians? a. Retribution b. Incapacitation c. Deterrence d. All of the above are acceptable to utilitarians Objective: To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Reference: Page 105 Level: Intermediate 3. This occurs when offenders with similar histories commit similar crimes, but receive widely different sentences. a. Sentencing revenge b. Sentencing variance c. Sentencing discrimination d. Sentencing disparity Objective:

Reference: Level:

To recognize the issue of disparity in sentencing, how sentencing guidelines were designed to reduce disparity, and the ethical issues involved.

Page 106 Intermediate

4. Dick and Jane were a wealthy childless couple—that is until Dick lost his position at a Fortune 500 firm. Turning to crime was the only way for them to maintain their lavish lifestyle. Recently, both were caught robbing a local bank. Neither had any prior

62

criminal history. Dick was sentenced to five years in prison; Jane received five years probation. This is an example of _________________. a. Chivalry b. Sentencing discrimination c. Sentencing disparity d. Sentencing bias Answer: Objective:

Reference: Level:

c To recognize the issue of disparity in sentencing, how sentencing guidelines were designed to reduce disparity, and the ethical issues involved.

Page 106 Difficult

5. Sentencing guidelines attempt to reduce disparity in sentencing by recommending a “guideline sentence” based on _________________ and ___________________. a. Prison population and seriousness of the crime b. Prison population and the offender’s prior record c. Seriousness of the crime and the offender’s prior record d. Seriousness of the crime and victim impact statement Answer: Objective:

Reference: Level:

c To recognize the issue of disparity in sentencing, how sentencing guidelines were designed to reduce disparity, and the ethical issues involved.

Page 106 Intermediate

6. Some believe that an alternate punishment is needed that is “properly painful,” proportional to the offense, humane, and less expensive than prison. It has been argued by some that electric shock, that applies a non-lasting intense pain, can do the job. It is over in seconds, not years; it serves as an example to others; and it punishes only the offender, not his family. Which school of thought would most likely not consider electric shock as an alternative? a. Formalism b. Virtue Ethics c. Utilitarianism d. All of the above would consider electric shock as an alternative Answer: Objective: Reference: Level:

a To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 107 Difficult

63

7. Which of the following is an example of a correctional officer misusing his/her authority? a. Concealing known rule violations between offenders and visitors b. Extorting prisoners c. Exploiting prisoners for sex d. All of the above Answer: Objective: Reference: Level:

d To assess the issue of correctional ethics and the situations in which ethical decisions become crucial in correctional settings.

Page 107-108 Difficult

8. Darlene Johnson, a mother of four children, and pregnant with a fifth, was convicted of three counts of child abuse. The judge sentenced her to a year in jail, to be followed by implantation of the birth control device, Norplant. According to the judge, “it is not safe for her to have any more children.” Which ethical rationale most appropriately justifies his sentence? a. Utilitarian b. Formalism c. Virtue Ethics d. All of the above justify the judge’s sentence Objective: Reference: Level:

To understand how corporal punishment and innovative sentences can be evaluated from an ethical perspective.

Page 110 Difficult

9. The issue of errors in a number of capital cases is a serious concern because it creates doubt about whether justice, a cardinal virtue, is served by capital punishment, especially since there is no way to correct a mistake. This is of greatest concern to which ethical system? a. Utilitarianism b. Formalism c. Virtue Ethics d. None of the above Answer: Objective:

Reference: Level:

c To distinguish the issue of punishment under the Eighth Amendment, and how capital punishment and life in prison can be evaluated using ethical principles.

Page 111 Intermediate

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10. What argument would a utilitarian make in opposition to the death penalty? a . The Bible says, “though shalt not kill.” b. It is cheaper to keep someone in prison for life than it is to kill them. c. Death is too good; they deserve to sit in prison for life d. None of the above Answer: Objective:

Reference: Level:

b To distinguish the issue of punishment under the Eighth Amendment, and how capital punishment and life in prison can be evaluated using ethical principles.

Page 112-113 Difficult

Chapter 8 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

11. The only punishment rationale acceptable to formalist thinkers is retribution. a. True b. False Answer: Objective: Reference: Level:

a To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 105 Intermediate

12. Incapacitation is applied simply in proportion to the seriousness of the offense; it is the “eye for an eye” system of justice described in the Old Testament. a. True b. False Answer: Objective: Reference: Level:

b To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 105 Easy

13. Deterrence or “reformation” sees criminal behavior as a consequence of social/psychological shortcomings and thus endeavors to correct those shortcomings. a. True b. False Answer: Objective:

b To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

65

Reference: Level:

page 105 Intermediate

14. General deterrence is directed at preventing crime among the general population; where as specific deterrence is aimed at preventing future crimes by the offender. a. True b. False Answer: Objective: Reference: Level:

a To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 105 Intermediate

15. Prison populations are utilitarian concerns when used to determine an appropriate punishment. a. True b. False Answer: Objective:

Reference: Level:

a To recognize the issue of disparity in sentencing, how sentencing guidelines were designed to reduce disparity, and the ethical issues involved.

Page 106 Difficult

16. When sentencing guidelines are used to restrict available prison space to serious and habitual offenders, this is a formalist way of thinking. a. True b. False Answer: Objective:

Reference: Level:

a To recognize the issue of disparity in sentencing, how sentencing guidelines were designed to reduce disparity, and the ethical issues involved.

Page 106 Difficult

17. Preferential treatment of offenders and misuse of one’s official position are the two largest categories of ethical violations in corrections. a. True b. False Answer: Objective:

a To assess the issue of correctional ethics and the situations in which ethical decisions become crucial in correctional settings.

66

Reference: Level:

Page 108 Intermediate

18. There must be greater reliance on ethical conduct in police-public interactions than in corrections personnel- offender interactions. a. True b. False Answer: Objective: Reference: Level:

b To assess the issue of correctional ethics and the situations in which ethical decisions become crucial in correctional settings.

Page 108 Difficult

19. The caning of Michael Fay is an example of capital punishment. a. True b. False Answer: Objective: Reference: Level:

b To understand how corporal punishment and innovative sentences can be evaluated from an ethical perspective.

Page 109 Easy

20. Studies demonstrate that punishments such as whipping and paddling have are successful deterrents to subsequent criminal behavior. a. True b. False Answer: Objective: Reference: Level:

b To understand how corporal punishment and innovative sentences can be evaluated from an ethical perspective.

Page 110 Intermediate

21. Formalism looks backward, basing punishment solely on the seriousness of the crime committed; utilitarianism looks forward, with punishment aimed at its deterrent impact in the future. a. True b. False Answer: Objective: Reference:

a To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 111 67

Level:

Difficult

22. According to Aristotle, punishment is necessary to maintain civil peace and protect individual liberties. a. True b. False Answer: Objective: Reference: Level:

a To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 111 Intermediate

23. According to the Eighth Amendment, the method of death could constitute cruel and unusual punishment. a. True b. False Answer: Objective:

Reference: Level:

a To distinguish the issue of punishment under the Eighth Amendment, and how capital punishment and life in prison can be evaluated using ethical principles.

Page 112 Difficult

24. When a former New York governor opposed capital punishment on the grounds that death was easy and prisoners deserved a life of relentless confinement, his argument was a retributive one. a. True b. False Answer: Objective:

Reference: Level:

a To distinguish the issue of punishment under the Eighth Amendment, and how capital punishment and life in prison can be evaluated using ethical principles.

Page 111 and 113 Difficult

25. The trend toward citing international laws as justifications for U.S. Supreme Court decisions regarding the death penalty suggests the decline of moral relativism. a. True b. False Answer:

a

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Objective:

Reference: Level:

To distinguish the issue of punishment under the Eighth Amendment, and how capital punishment and life in prison can be evaluated using ethical principles.

Page 113 Difficult

Chapter 8 Essay 1. In South Carolina, a young mother, Susan Smith, killed her two children by leaving them in a car that she rolled into a lake. She was sentenced to 30 years in prison. What are the four justifications for why we punished Susan Smith? Discuss. *There are four justifications for why we punish. They are retribution, incapacitation, deterrence, and rehabilitation. Retribution is often seen as an “eye for an eye” system of justice.

It focuses on the past. The more serious the crime, the more serious the punishment.

Incapacitation aims to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct. In the U.S., we incapacitate by locking people up in prison.

Deterrence aims at preventing crime through the example of the offender being punished.

General deterrence is directed at preventing crime among others in society; not the offender.

Specific deterrence, on the other hand, hopes to prevent future crimes by the offender.

Rehabilitation is also known as reformation. This justification sees criminal behavior as a consequence of social/psychological shortcomings. The purpose of the sentence is to correct or treat these shortcomings in order to prevent future crimes.

Objective: Reference: Level:

To understand the distinctions among the four purposes of criminal sanctions: retribution, incapacitation, deterrence, and rehabilitation.

Page 105 Intermediate

2. During the 1990s, legislation was introduced in Texas that would result in a finger being amputated for each conviction of a drug dealer. This bill was an effort to imitate the penalty for theft in some Islamic countries. How would each ethical system evaluate this proposed punishment? *Formalism, virtue ethics, and utilitarianism would view such a punishment quite differently. The formalist would only allow this punishment if the drug dealer deserved it and was truly blameworthy. Moreover, the amputation would have to be proportionate to the seriousness of the offense. It is the past conduct of drug dealing that would have to merit the amputation. Virtue ethics thinkers would examine whether the amputation would provide civil peace and protect liberty from those who would infringe on it. Rendering a proper punishment must be carried out in accordance with the moral virtues—thus, nothing in excess or deficiency (i.e. only the “mean.”) Utilitiarians would only be concerned with whether the amputation would deter this drug dealer, along with other would-be dealers, thereby attaining a greater good.

The seriousness of the offense would not be as important as the future impact of the sentence.

Objective: Reference:

To understand how corporal punishment and innovative sentences can be evaluated from an ethical perspective.

Page 111 69

Level:

Difficult

70

CHAPTER 9 Liability Chapter 9 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. Conduct we accept from private individuals somehow becomes objectionable when it is done by public officials. What is this known as? a. Blacklisting b. Scarcity mentality c. Double standard d. Unfair Answer: Objective:

Reference: Level:

c To recognize the double standards often placed on public officials regarding liability for conduct that is accepted when acting as private citizens.

Page 121 Easy

2. Why are civil remedies used to correct ethical misconduct instead of criminal actions? a. Lower burden of proof b. Higher burden of proof c. Potential for imprisonment d. Ease of case presentation Answer: Objective: Reference: Level:

a To understand the nature of civil remedies for ethical misconduct, such as compensation and blacklisting.

Page 121 Intermediate

3. Repeat ethical offenders sometimes need a sanction that is a stronger deterrent than monetary compensation. What civil solution might appropriately deter future ethical violations? a. Blacklisting b. Double standard c. Civil fines d. Imprisonment Answer: Objective: Reference:

a To understand the nature of civil remedies for ethical misconduct, such as compensation and blacklisting.

Page 121-122 71

Level:

Intermediate

4. What continuing civil penalty after a criminal sentence has been most hotly debated? a. Civil commitment b. Probation c. Parole d. Sex offender notification laws Answer: Objective: Reference: Level:

d To evaluate the ethical dilemmas posed by sex offender notification laws.

Page 122 Easy

5. According to Rushworth Kidder, founder of the Institute for Global Ethics, what ethical scenarios are the most difficult to resolve? a. Right versus wrong b. Right versus right c. Wrong versus wrong d. Legal versus illegal Answer: Objective: Reference: Level:

b To distinguish “right versus right” ethical dilemmas.

Page 123 Intermediate

6. Kidder identifies four types of issues found in “right versus right” ethical dilemmas.

Which of the following is not one of those issues? a. Justice versus mercy b. Short term versus long term c. Truth versus loyalty d. Friend versus family Answer: Objective: Reference: Level:

d To distinguish “right versus right” ethical dilemmas.

Page 123 Difficult

7. This “right versus right” ethical issue involves weighing fairness and equity in applying the law with compassion, empathy and love. a. Justice versus mercy b. Short term versus long term c. Individual versus community d. All of the above Answer: Objective:

a To distinguish “right versus right” ethical dilemmas.

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Reference: Level:

Page 123 Intermediate

8. In the case of physician-assisted suicide, which ethical dilemma is present? a. Justice versus mercy b. Short term versus long term c. Individual versus community d. All of the above Answer: Objective: Reference: Level:

d To distinguish “right versus right” ethical dilemmas.

Page 124 Difficult

9. What case has become a symbol of blaming large corporations with deep pockets for individual accidents? a. The Royal Caribbean dumping case b. The McDonald’s coffee case c. The poisoned Tylenol case d. The Nutter Butter salmonella case Answer: Objective: Reference: Level:

b To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 125 Difficult

10. What nongovernmental organization is dedicated to anticorruption activities? a. Corruption Perceptions, Inc. b. Transnational Anticorruption, Ltd. c. Transparency International d. Lockheed Martin Corporation Answer: Objective: Reference: Level:

c To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 127 Intermediate

Chapter 9 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

11. Civil remedies seek monetary damages instead of punishment. a. True b. False 73

Answer: Objective: Reference: Level:

a To understand the nature of civil remedies for ethical misconduct, such as compensation and blacklisting.

Page 121 Easy

12. Blacklisting punishes ethical offenders by prohibiting them from participating in future business. a. True b. False Answer: Objective: Reference: Level:

a To understand the nature of civil remedies for ethical misconduct, such as compensation and blacklisting.

Page 122 Easy

13. When President Clinton’s extra-marital affair became the subject of intense political scrutiny, but the everyday adulterer was not hauled into the media limelight, this illustrated the notion of a double standard. a. True b. False Answer: Objective:

Reference: Level:

a To recognize the double standards often placed on public officials regarding liability for conduct that is accepted when acting as private citizens.

Page 122 Intermediate

14. The U.S. Supreme Court recently ruled that it is unconstitutional to notify a community where a former sex offender lives. a. True b. False Answer: Objective: Reference: Level:

b To evaluate the ethical dilemmas posed by sex offender notification laws.

Page 122 Easy

15. Opponents of sex offender notification laws argue that availability of a convicted offender’s address may result in instances of vigilante behavior. a. True b. False

74

Answer: Objective: Reference: Level:

a To evaluate the ethical dilemmas posed by sex offender notification laws.

Page 122 Easy

16. Your book suggests a simple test to determine whether conduct is ethical: ask yourself, “Would I want my conduct to appear in the newspaper?” a. True b. False Answer: Objective: Reference: Level:

a To distinguish “right versus right” ethical dilemmas.

Page 123 Intermediate

17. When a prosecutor urges the jury to “send a message” and sentence the defendant to death, he/she has created an individual versus community ethical issue. a. True b. False Answer: Objective: Reference: Level:

a To distinguish “right versus right” ethical dilemmas.

Page 123 Difficult

18. All states prohibit physician-assisted suicide. a. True b. False Answer: Objective: Reference: Level:

b To distinguish “right versus right” ethical dilemmas.

Page 124 Easy

19. A growing trend is to prosecute corporate officials for misconduct of the corporation. a. True b. False Answer: Objective: Reference: Level:

a To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 125 Intermediate

75

20. Corporate codes of ethics have been criticized for focusing on “right versus wrong” conduct instead of properly identifying “right versus right” dilemmas. a. True b. False Answer: Objective: Reference: Level:

a To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 125 Difficult

21. The ethics program of Royal Caribbean Cruises has been identified as a model for emulation by others. a. True b. False Answer: Objective: Reference: Level:

b To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 126 Difficult

22. In the model used as a benchmark for corporate ethics programs, all employees were required to attend annual ethics training. a. True b. False Answer: Objective: Reference: Level:

a To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 126 Difficult

23. Corporate corruption is rampant in 40% of countries studied. a. True b. False Answer: Objective: Reference: Level:

a To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 127 Intermediate

24. Countries with low levels of corruption tend to be the poorer, third world countries. a. True b. False 76

Answer: Objective: Reference: Level:

b To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 127 Intermediate

25. One of the most common ethical mistakes related to corruption involves treating loyalty as a virtue. a. True b. False Answer: Objective: Reference: Level:

a To assess the liabilities faced in unethical individual, corporate, and government misconduct.

Page 127 Intermediate

Chapter 9 Essay 1. Why should ethical misconduct be remedied by civil instead of criminal penalties? *Some penalties for ethical misconduct lie outside the criminal law. Examples of civil penalties include monetary damages and blacklisting. Monetary damages involves forcing a person or corporation to pay money for their unethical behavior. Sometimes repeat offenders draw special attention because previous monetary penalties do not sufficiently deter subsequent misconduct. Accordingly, the practice of blacklisting came into play. When an individual or business is blacklisted, they are prohibited from participating in future business. Although different in substance, both seek to correct wrongful actions instead of to punish them. The burden of proof for civil penalties is a preponderance of the evidence, which is much lower (and easier to meet) that the burden of proof in criminal trials, beyond a reasonable doubt. More often than not, wronged parties are more interested in compensation for their losses than in sending an offender to prison.

Objective: Reference: Level:

To understand the nature of civil remedies for ethical misconduct, such as compensation and blacklisting.

Page121-122 Intermediate

2. According to Rushworth Kidder, what is the most difficult type of ethical issues to resolve? *According to Kidder, “right versus wrong” scenarios are usually easy to decide in ethical terms. For example, stealing versus paying for an item is not a difficult ethical question.

It is the “right versus right” ethical dilemmas that re more difficult. For example, should a prosecutor file shoplifting charges against a minor or should he allow the store to work something out with the minor and his/her parents. Four types of issues are found in these “right versus right” ethical dilemmas. They include: 1) Justice versus mercy – should the law be 77

strictly enforced or should the prosecutor yield to a more compassionate/empathetic approach; 2) Short term versus long term- do the immediate needs of a conviction conflict with a future goal of rehabilitating the offender; 3) Individual versus community- is it better to focus on the individual minor or on protecting society; and 4) Truth versus loyalty- if the offender accepts responsibility, do we value his/her honesty at the expense of responsibility to enforce the law?

Once the nature of the conflict is identified, and information is gathered, the better the dilemma may be resolved. Overall, there are compelling arguments on both sides of the question. This is why the “right versus right” dilemmas are the most difficult to resolve.

Objective: Reference: Level:

To distinguish “right versus right” ethical dilemmas.

Page 123 Difficult

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CHAPTER 10 The Future Chapter 10 Multiple Choice [Instructions: Read each question and the corresponding answers carefully and completely.

Choose the answer that best answers the question.]

1. What is the 24-hour test? a. A way to determine what ethical system you subscribe to. b. A good way to begin a baseline ethical test for yourself. c. A method for assessing misplaced loyalty. d. A formula for determining how effective a blacklisting sanction is.

Answer: Objective: Reference: Level:

b To recognize the importance of the “24-hour test.”

Page 136 Easy

2. The ethical bar will rise in the future because: a. more people will have a college degree b. more ethical systems will be developed c. decisions will impact more people d. none of the above Answer: Objective: Reference: Level:

c To recognize the importance of the “24-hour test.”

Page 136 Intermediate

3. In the last chapter, Albanese discusses the Unabomber’s manifesto and the publication dilemma faced by the New York Times and the Washington Post. Both papers published the 35,000 word segment and split the cost. What was their justification? a. There was a reasonable probability that lives would be saved. b. Publication served the apparent goods of good music, fine wine, and excellent press. c. Succumbing to terrorists is a good universal rule. d. Publication preserved relationships between the Unabomber, the victims, and the country.

Answer: Objective: Reference: Level:

a To evaluate the ethical dilemma in the case of the Unabomber.

Page 136 Intermediate

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4. Why did the Centers for Disease Control and Prevention (CDC) create a panel of ethics experts? a. To discuss the issue of physician-assisted suicide. b. To assess the impact of the AIDS virus on minority populations. c. To help determine who should receive the flu vaccine in the face of a shortage. d. To evaluate when insurance companies may deny coverage for already existing diseases.

Answer: Objective: Reference: Level:

c To appreciate the reason behind the establishment of the CDC panel of ethicists.

Page 137 Intermediate

5. In the context of life and death decisions, there is a distinction between killing and letting die. Which of the following is classified as letting die? a. Physician assisted suicide b. Prescribing enough of a medication to allow the patient to overdose c. Euthanasia d. Removing a patient from life support Answer: Objective: Reference: Level:

d To understand the ethical distinctions between killing and letting die in a medical context.

Page 137 Difficult

6. Simple methods are sometimes used to remember the meaning of ethics in everyday decisions. Which of the following is an example of such a method? a. D-Y-N-A-M-I-T-E b. E-T-H-I-C-S c. M-O-R-A-L-S d. N-O-B-E-L Answer: Objective: Reference: Level:

b To recognize the ethical importance of the story of Alfred Nobel.

Page 138 Easy

7. The story of Alfred Nobel illustrates what ethical lesson? a. Following the V-A-L-U-E-S acronym will ensure your success. b. It is always ethical to give away wealth and establish a worthy peace prize. c. Think about what you’d like people to say about you after you die; then live your life backwards. d. adhere to “abundance” mentality.

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Answer: Objective: Reference: Level:

c To recognize the ethical importance of the story of Alfred Nobel.

Page 139 Intermediate

8. What phenomenon describes a situation where individuals see life as a finite pie: if person A gets a big piece of pie, it means less for person B, thus making it difficult to be genuinely happy for those who perform well. a. Scarcity mentality b. Blacklisting c. Finite resources d. Selfishness Answer: Objective: Reference: Level:

a To recognize the ethical importance of the story of Alfred Nobel.

Page 139 Easy

9. Your book describes a scenario known as the “bathrobe bonus,” wherein a man living on a fixed income discovered a large wad of bills in a bathrobe. He purchased the robe from a dealer at an estate auction. He argued to his wife that he should keep the money. “After all, if I were to return it, the dealer would just keep it and never return it to the rightful owner.” Who would disagree with his line of thinking? a. John Stuart Mill b. Jeremy Bentham c. Emmanuel Kant d. Rushworth Kidder Answer: Objective: Reference: Level:

c To recognize the ethical importance of the story of Alfred Nobel.

Page 139 Difficult

10. In his book, The Lucifer Effect, psychologist Phillip Zimbardo suggests that the abuses at the Abu Ghraib prison were the result of a bad social setting that contaminated the individual prison guard. What would Kant say about the difficulty of ethical conduct in the face of situation pressure to be unethical? a. Unethical behavior is a natural result of peer pressure. b. Ethical people endure, despite the situation, since they follow specific rules. c. If the guards were better instructed by their leaders, this would not have happened. d. It is better to conform that to risk retaliation at the hands of supervisors.

Answer: Objective: Reference: Level:

b To recognize the ethical importance of the story of Alfred Nobel.

Page 140 Difficult 81

Chapter 10 True-False [Instructions: Read each question carefully and completely. Choose either true or false.]

11. A person who cannot go a day without speaking ill of others has a character problem. a. True b. False Answer: Objective: Reference: Level:

a To recognize the importance of the “24-hour test.”

Page 136 Easy

12. As individuals become more interdependent, ethical dilemmas will become increasingly complex. a. True b. False Answer: Objective: Reference: Level:

a To recognize the importance of the “24-hour test.”

Page 136 Intermediate

13. In the case of the Unabomber, the newspapers refused to publish his manifesto because it would not make a good universal rule to succumb to terrorists. a. True b. False Answer: Objective: Reference: Level:

b To evaluate the ethical dilemma in the case of the Unabomber.

Page 136 Easy

14. Similar the Center for Disease Control and Prevention, the City of Alexandria turned to an ethicist to determine whether to allow pharmacies to sell the morning after pill. a. True b. False Answer: Objective: Reference: Level:

b To appreciate the reason behind the establishment of the CDC panel of ethicists.

Page 137 Difficult

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15. Dr. Timothy Quill successfully argued that terminally ill patients who self administered prescribed drugs are the same as those who refuse life-support systems. a. True b. False Answer: Objective: Reference: Level:

b To appreciate the reason behind the establishment of the CDC panel of ethicists.

Page 137 Difficult

16. Several states now allow pharmacists to refuse to fill a birth control prescription, because they object on moral grounds. a. True b. False Answer: Objective: Reference: Level:

a To evaluate the ethical dilemma in the case of the Unabomber.

Page 138 Intermediate

17. Moral conviction is not a matter of personal taste; it is a matter of judgment and action according to objective principles. a. True b. False Answer: Objective: Reference: Level:

a To recognize the ethical importance of the story of Alfred Nobel.

Page 138 Intermediate

18. Abundance mentality involves realizing that life’s resources are limited; thus, stiff competition it the only way to achieve success. a. True b. False Answer: Objective: Reference: Level:

b To recognize the ethical importance of the story of Alfred Nobel.

Page 139 Difficult

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19. Scarcity mentality is the same as a zero-sum attitude. a. True b. False Answer: Objective: Reference: Level:

a To recognize the ethical importance of the story of Alfred Nobel.

Page 139 Intermediate

20. In his book, The Lucifer Effect, psychologist Phillip Zimbardo suggests that the abuses at the Abu Ghraib prison were the result of a bad social setting that contaminated the individual. a. True b. False Answer: Objective: Reference: Level:

a To recognize the ethical importance of the story of Alfred Nobel.

Page 140 Difficult

Chapter 10 Essay [Instructions, if applicable] 1. The ethical bar will rise in the future. Why? *The ethical bar will rise in the future because decisions will impact more people. The reasons for this difficulty are advances in technology and globalization. Ethical dilemmas will become increasingly complex as individuals become more interdependent (email, cell phones, social media, and satellite TV). Decisions in one part of the world now affect others who are thousands of miles away. The consideration of ethical dilemmas will cross cultures and have greater consequences, in further corners of the world. As actions of individuals become more widely known, they will have a greater impact on others and be subject to increased debate.

Objectives:

Reference: Level:

To evaluate the ethical dilemma in the case of the Unabomber; To appreciate the reason behind the establishment of the CDC panel of ethicists; to understand the ethical distinctions between killing and letting die in a medical context.

Page 136-137 Intermediate

2. Why is the “obituary exercise” of such importance in illustrating ethical behavior? *The obituary exercise encourages individuals to think about what will be said about them once they are dead. This exercise is taken from the story of Alfred Nobel, a chemist best known for inventing dynamite. His brother died while Alfred was still alive, and the newspaper 84

accidentally printed Alfred’s obituary instead of his brother’s. Alfred read his obituary that saluted him as the inventor of dynamite and the maker of much money. He was horrified that he was only remembered for those things. As a result, he decided to establish a different legacy.

He gave way his wealth and established the Nobel Prize for achievement in various fields. In determining what ethical path to take, individuals should think about what they want their obituary to say, and then live their life backwards.

Objective: Reference: Level:

To recognize the ethical importance of the story of Alfred Nobel.

Page 139 Easy

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Answer Key Chapter 1 MC: 1. A 2. C 3. B 4. B 5. A 6. C 7. D 8. A 9. B 10. A 11. C 12. B 13. A 14. C 15. B TF: 16. A 17. A 18. B 19. A 20. B 21. A 22. B 23. B 24. B 25. B ESSAY 1. Distinguish between morals, ethics, and values: All are inter-related. Morals are the rules for permissible behavior/proper action in a particular ethical system. They represent more than what the law requires; the law provides only the baseline of civil behavior. Morals distinguish between right and wrong. Ethics is the study of morality (i.e. what constitutes good conduct).

The morals of one ethical system may be different from another. Within a particular ethical system and its governing morals, values emerge. These are judgments of worth of attitudes, statements, or behaviors. Values can only be verified through reason; they characterize something. Values might include love, nonviolence, family, hard work, saving, and self discipline.

2. What is the difference between morals and etiquette? Etiquette (manners) is a precursor to morals. Etiquette tells us how people should interact with others in social relationships. Morals express ethical obligations toward others in behavior. People who have bad manners (i.e. are rude, inconsiderate) are also likely to engage in unethical conduct because of their selfish view of 86

the world and their failure to acknowledge other views. Many rules of etiquette underlie the principles of ethical conduct. Studies like the Staub’s work on altruism towards Jews in WWII and students who wear counterfeit sunglasses suggest that seemingly innocuous bad manners may have an impact on moral behavior. Good etiquette does not guarantee moral conduct, but it is related.

Chapter 2 MC: 1. C 2. B 3. A 4. B 5. B 6. D 7. B 8. A 9. B 10. B 11. B 12. D 13. C 14. A 15. B TF: 16. A 17. B 18. A 19. B 20. A 21. B 22. A 23. B 24. B 25. A 26. A 27. B 28. A 29. B 30. A ESSAY: 1. Aristotle sees all human activities aimed at some good, but some goods are subordinate to others. Please discuss, in detail, Aristotle’s hierarchy of goods. Good and pleasure are 87

often confused. Accordingly, Aristotle identified two types of goods: real and apparent.

Real goods are things we ought to desire, regardless of whether we really do. They are good in themselves and should be the focus of all ethical action. Real goods include bodily goods (food, shelter, health), social goods (liberty, friends/loved ones, civil peace) and goods needed for livelihood (enough wealth to live decently, pleasure, and knowledge). Apparent goods are different. While they may be apparently good because we desire them, they are not always really good for us. Apparent goods can be innocuous (love of sweets, good music, fine wine) if they are pursued in moderation and do not interfere with the pursuit of real goods. Noxious apparent goods are not needed at all and can lead to bad moral virtues (such as fame and power).

2. Explain Aristotle’s concept of moral virtue and how it is achieved. Virtue takes two forms: intellectual and moral virtue. Intellectual virtue consists of the knowledge and creative activities of the mind that help us achieve our potential. Moral virtue, on the other hand develops as a result of habit and does not occur naturally. Individuals must learn moral virtue through practice, teaching, exposure, and support. Ultimately, a morally virtuous person is one who seeks real goods in a morally correct manner. The correct manner in all things is to seek the mean (i.e. find the middle) between excess and deficiency. Aristotle described ten moral virtues, with courage, temperance, prudence, and justice as the four virtues upon which all the other virtues were anchored. These four were known as the cardinal virtues. A morally virtuous person will always do the right thing and has no need of specific rules of conduct.

Chapter 3 MC: 1. B 2. B 3. A 4. C 5. D 6. C 7. A 8. B 9. A 10. C TF: 11. A 12. B 13. A 14. A 15. B 16. A 17. A 18. A 19. B 88

20. B 21. B 22. A 23. B 24. A 25. B ESSAY: 1. Distinguish and discuss Kant’s categorical, practical, and hypothetical imperatives.

Provide examples for illustration. Duty is fundamental to Kant’s view of ethics. Thus, the moral worth of an action does not lay in its expected outcome or consequences; it is determined by following an established rule. Kant’s philosophy is based on three imperatives (established rules). The first, and centerpiece of his theory, is the categorical imperative. It states that a person should never act in a in which the rule behind the action (maxim) should not become a universal law. For example, a man breaks into my house and I kill him in self-defense. The rule behind my actions is “killing is okay.” This would not make a good universal rule. The second imperative that Kant discusses is the hypothetical imperative. This is similar to Aristotle’s apparent goods. Hypothetical imperatives are means to achieve something else; they are not good in themselves. For example, I go on a diet to lose weight. While dieting may be a good thing, it is not good in itself; it is a means to an end. There are other means as well, like exercise.

There is no inherent moral duty to diet or lose weight. There is a moral duty, however, not to kill. Lastly, is Kant’s practical imperative. This states that one should act in a ways such they he/she treats humanity and others as an end and never simply as a means. Thus, a person can never be used to achieve some other purpose. As mentioned above, you can never kill a person to save the life of another person under Kant’s philosophy. That would make a bad universal rule (violating the categorical imperative) and also treat one person as a means to an end (violating the practical imperative) 2. Compare and contrast virtue ethics with formalist ethics. Virtue ethics and formalism have few similarities and many differences. According to virtue ethics, the goal of ethical behavior is to achieve happiness; the goal for formalism is to do one’s moral duty. Happiness takes personal inclinations into account, whereas duty does not—it focuses instead on following strict rules (Kant’s imperatives). For Aristotle, individuals become happy by following the moral virtues (the mean in all circumstances) and doing just acts. Kant, on the other hand requires conformity to the categorical imperative. When it comes to judging ethical conduct, virtue ethics will assess an individual’s pattern of conduct over time (“one swallow does not make a summer”). Formalism has no interest in consequences over time; it looks solely at whether the act comports with the imperatives. Virtue ethics aims at developing the moral person; formalism, however, seeks to develop moral actions, regardless of what the person becomes.

Chapter 4 MC: 1. B 2. C 89

3. B 4. C 5. D 6. A 7. B 8. D 9. A 10. C TF: 11. B 12. A 13. B 14. B 15. A 16. B 17. B 18. A 19. A 20. A 21. A 22. A 23. A 24. B 25. A ESSAY: 1. Critics of utilitarianism suggest that this ethical system encourages people to act as hedonists. Respond to this criticism. According to Mill, all humans are subject to two masters: pain and pleasure. They try to avoid pain and maximize pleasure. However, this accusation assumes that humans are only capable of hedonistic pleasures (i.e. those of a swine).

This is not true. Humans have the capacity for pleasure far greater than the mere appetite of an animal. Mill recognized that not all pleasures were equal. Some were more valuable than others. Those who only need lower pleasures to keep them happy (i.e. rolling in the mud or love of cheap whiskey) will have the greatest chance of being satisfied. However, Mill suggests, “it is better to be a human dissatisfied than a pig satisfied.” It is the experienced people in society who will determine which pleasures will truly bring happiness; and it is the measure of both personal and social happiness that determines the total overall happiness.

2. An instructor mistakenly gives credit for a wrong test answer. The student tells her.

Should the instructor deduct the points when the student informs her of the error?

Make a utilitarian argument that the instructor should not deduct the points.

Utilitarianism decides ethical questions based on the good that results from an action.

According to the central principle of utility, actions are “good” as they promote happiness and wrong as they promote pain. Thus, goodness is determined by the consequences of an action. In this instance, the greater good is to not deduct the points and to thus 90

promote honesty. If the instructor were to deduct points for the student’s honesty, the consequence in the future would be to encourage students not to tell the truth.

Truthfulness is more important, and thus a greater good, than a few erroneously attributed points to a student’s test score. Total happiness is a measure of personal happiness plus societal happiness. While the student will be happy because he doesn’t lose points, other classmates may be unhappy that one student wrongly received extra points. However, the pain experienced by these students will be offset by the greater happiness experienced in society as a whole when greater truthful behavior results in the future.

Chapter 5 MC: 1. C 2. A 3. D 4. B 5. C 6. A 7. B 8. D 9. B 10. C 11. D 12. B 13. A 14. D 15. C TF: 16. B 17. B 18. A 19. B 20. A 21. A 22. A 23. B 24. A 25. B ESSAY: 1. Compare and contrast the four approaches to explaining criminal behavior. Be sure to address the cause of crime and the prescribed remedy for all four. The four approaches to explaining criminal behavior are: classical, positivist, structural, and ethical. Each approaches suggests a different reason for why people engage in criminal behavior. The classical approach holds that individuals commit crime because they choose to do so. In an exercise of their free will, individuals choose the pleasure of the crime over any perceived pain of getting 91

caught/punished. For classical thinkers, crime prevention rests on deterrence through the threat of apprehension (more cops on the street) and punishment (stiffer laws).

Positivists focus not on free will, but on other internal or external factors as the causes of crime. For example, there are biological factors (genes, chemical imbalances), psychological factors (problems with the human psyche), and sociological factors (bad environment). Crime is best prevented by bettering/reforming the individual’s internal problems (counseling, medication) and external problems (better role models, better opportunities to success).

The structuralists believe that crime has deeper roots than the environment or the pursuit of pleasure. Instead, certain social, political, and economic conditions cause certain behaviors to be defined as criminal. Laws are tools of social control, rather than a means of protecting society from harm. To stop crime, society must change. Power and wealth should be redistributed so all members have a more equal, and greater, stake in society.

Lastly, there is the ethical view that sees crime as a moral failure in decision-making. A person fails to choose the proper course of conduct because he/she simply does not know the wrongfulness of the behavior. Education and reinforcement in ethical decision-making at an early age would help deter criminal behavior.

2. Discuss the two views for how certain behaviors are criminalized. Give examples. In general terms, the criminal arises as a result of either consensus or conflict. The consensus view holds that the criminal law reflects society’s consensus that a behavior is harmful enough to merit government prohibition. Crimes like rape, murder, and robbery typically possess strong social consensus regarding their harmfulness/wrongfulness. On the other hand, there is the conflict view. This approach suggests that a behavior is criminalized not out of consensus, but only when it serves the interests of those in positions of power. Thus, the law is used as a took to protect the personal interests and property of those running the government. Our book suggests that the laws about Jewish extermination and Japanese-American internment had no consensus behind them, but were only passed because they reflected the views of those in power.

Chapter 6 MC: 1. B 2. C 3. D 4. C 5. A 6. D 7. C 8. B 9. B 10. C 11. D 12. B 13. A 14. D 15. C 92

TF: 16. A 17. B 18. B 19. A 20. B 21. B 22. A 23. A 24. B 25. B 26. A 27. A 28. B 29. A 30. A ESSAY: 1. Discuss the three explanations for police corruption. Explanations for police officer corruption come in three forms. These include a focus on individual officers, department problems, and problems external to the department. Individual explanations see the particular officer as the primary problem. If a few “rotten apples” were eliminated, corruption would disappear. Officers with low moral fiber are quick to misuse their authority for selfish ends.

These individual explanations are popular, but rejected by most experts. Departmental explanations, on the other hand, focus not on the rotten apple, but on the rotten barrel. An example of this is the deviant police subculture where loyalty and secrecy are valued instead of a commitment to higher ideals. The department subculture, often wrought with cynicism, actually condones the illegal behavior. The third explanation for corruption focuses on factors external to the department, namely government actions that make honest policing difficult. Some laws, like those against personal drug use, prostitution, and gambling, are difficult to enforce because there is no real victim. In addition, local governments who fail to properly manage the police force allow departments to self-manage, thus increasing the chance of corruption. When politics meets policing, the battle for power and the accompanying indebtedness to public officials may obscure proper police administration.

2. Why are legal rules insufficient to guide police actions and what might offer them proper guidance. There are a dizzying number of court cases that attempt to balance the line between private rights and public safety. The fourth amendment governs stops and frisks, along with searches and seizures. The fifth amendment and the Miranda case address custodial police interrogations. The legal rules regarding reasonable suspicion, probable cause, and custodial interrogation are often based on a totality of circumstances in each specific case. Thus, not all possible factual scenarios have been addressed by the courts. In fact, they never will be. Ethics becomes a useful guide because laws can never anticipate the innumerable variations in circumstances that police will face. Court decisions are of little value to police in making current decisions or to the public who are the subjects of police action. Ethics offers an objective 93

standard by which officers may go a step further in following the law. It provides clear guidance, in advance, in cases where the law’s application is still unclear, undecided, or unknown.

Chapter 7 MC: 1. D 2. A 3. D 4. B 5. C 6. B 7. A 8. D 9. C 10. B TF: 11. B 12. A 13. B 14. A 15. A 16. B 17. A 18. A 19. B 20. A 21. A 22. B 23. A 24. B 25. A ESSAY: 1. Describe the prosecutor’s discretion in the manner in which the law can be enforced and adjudicated. How is their discretion an ethical issue? Prosecutors have a large amount of discretion in the criminal justice system. They decide what case to prosecute, what charges to file, whether or not to accept a plea bargain, and what sentence to recommend. Thus, they have discretion at virtually all important decision points in the criminal justice process. Their discretion continues to expand as the adoption of mandatory minimum sentence laws and truthin-sentencing laws reduce the judge’s authority in sentencing. This shift away from judges has been criticized for placing too much power in the hands of one person. Clearly, prosecutors have opportunities to misuse their discretionary powers because of the tremendous scope of their

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authority. Without a strong underlying ethical systems, prosecutors may be tempted to misuse that authority.

2. Sentencing of offenders is assessed differently using different ethical perspectives.

Explain. The sentence of an offender may vary depending on the underlying ethical perspective of the sentencing judge. Utilitarianism looks toward the future in assessing the impact of alternate sentences on the future conduct of the offender and also within general society (i.e. deterrence). Formalism looks to the past, seeing that punishment can be based only in proportion to the seriousness of past conduct (retribution). Attempting to anticipate the impact of the sentence on the offender in the future, or on others in the future, cannot be known, and unjustly uses the current offender as a means to an end. Virtue ethics looks at the present, focusing less on the act committed and more on the character of the person who committed it and how a sentence would work to achieve real goods in accord with the moral virtues.

Chapter 8 MC: 1. B 2. A 3. D 4. C 5. C 6. A 7. D 8. A 9. C 10. B TF: 11. A 12. B 13. B 14. A 15. A 16. A 17. A 18. B 19. B 20. B 21. A 22. A 23. A 24. A 25. A ESSAY: 95

1. In South Carolina, a young mother, Susan Smith, killed her two children by leaving them in a car that she rolled into a lake. She was sentenced to 30 years in prison. What are the four justifications for why we punished Susan Smith? Discuss. There are four justifications for why we punish. They are retribution, incapacitation, deterrence, and rehabilitation. Retribution is often seen as an “eye for an eye” system of justice. It focuses on the past. The more serious the crime, the more serious the punishment. Incapacitation aims to prevent further criminal behavior by physically restraining the offender from engaging in future misconduct. In the U.S., we incapacitate by locking people up in prison. Deterrence aims at preventing crime through the example of the offender being punished. General deterrence is directed at preventing crime among others in society; not the offender. Specific deterrence, on the other hand, hopes to prevent future crimes by the offender. Rehabilitation is also know as reformation. This justification sees criminal behavior as a consequence of social/psychological shortcomings. The purpose of the sentence is to correct or treat these shortcomings in order to prevent future crimes.

2. During the 1990s, legislation was introduced in Texas that would result in a finger being amputated for each conviction of a drug dealer. This bill was an effort to imitate the penalty for theft in some Islamic countries. How would each ethical system evaluate this proposed punishment? Formalism, virtue ethics, and utilitarianism would view such a punishment quite differently. The formalist would only allow this punishment if the drug dealer deserved it and was truly blameworthy. Moreover, the amputation would have to be proportionate to the seriousness of the offense. It is the past conduct of drug dealing that would have to merit the amputation. Virtue ethics thinkers would examine whether the amputation would provide civil peace and protect liberty from those who would infringe on it. Rendering a proper punishment must be carried out in accordance with the moral virtues—thus, nothing in excess or deficiency (i.e. only the “mean.”) Utilitiarians would only be concerned with whether the amputation would deter this drug dealer, along with other would-be dealers, thereby attaining a greater good. The seriousness of the offense would not be as important as the future impact of the sentence.

Chapter 9 MC: 1. C 2. A 3. A 4. D 5. B 6. D 7. A 8. D 9. B 10. C TF: 11. A 12. A 96

13. A 14. B 15. A 16. A 17. A 18. B 19. A 20. A 21. B 22. A 23. A 24. B 25. A ESSAY: 1. Why should ethical misconduct be remedied by civil instead of criminal penalties? Some penalties for ethical misconduct lie outside the criminal law. Examples of civil penalties include monetary damages and blacklisting. Monetary damages involves forcing a person or corporation to pay money for their unethical behavior. Sometimes repeat offenders draw special attention because previous monetary penalties do not sufficiently deter subsequent misconduct.

Accordingly, the practice of blacklisting came into play. When an individual or business is blacklisted, they are prohibited from participating in future business. Although different in substance, both seek to correct wrongful actions instead of to punish them. The burden of proof for civil penalties is a preponderance of the evidence, which is much lower (and easier to meet) that the burden of proof in criminal trials, beyond a reasonable doubt. More often than not, wronged parties are more interested in compensation for their losses than in sending an offender to prison.

2. According to Rushworth Kidder, what is the most difficult type of ethical issues to resolve? According to Kidder, “right versus wrong” scenarios are usually easy to decide in ethical terms. For example, stealing versus paying for an item is not a difficult ethical question.

It is the “right versus right” ethical dilemmas that re more difficult. For example, should a prosecutor file shoplifting charges against a minor or should he allow the store to work something out with the minor and his/her parents. Four types of issues are found in these “right versus right” ethical dilemmas. They include: 1) Justice versus mercy – should the law be strictly enforced or should the prosecutor yield to a more compassionate/empathetic approach; 2) Short term versus long term- do the immediate needs of a conviction conflict with a future goal of rehabilitating the offender; 3) Individual versus community- is it better to focus on the individual minor or on protecting society; and 4) Truth versus loyalty- if the offender accepts responsibility, do we value his/her honesty at the expense of responsibility to enforce the law?

Once the nature of the conflict is identified, and information is gathered, the better the dilemma may be resolved. Overall, there are compelling arguments on both sides of the question. This is why the “right versus right” dilemmas are the most difficult to resolve.

Chapter 10 MC: 97

1. B 2. C 3. A 4. C 5. D 6. B 7. C 8. A 9. C 10. B TF: 11. A 12. A 13. B 14. B 15. B 16. A 17. A 18. B 19. A 20. A ESSAY: 1. The ethical bar will rise in the future. Why? The ethical bar will rise in the future because decisions will impact more people. The reasons for this difficulty are advances in technology and globalization. Ethical dilemmas will become increasingly complex as individuals become more interdependent (email, cell phones, social media, and satellite TV). Decisions in one part of the world now affect others who are thousands of miles away. The consideration of ethical dilemmas will cross cultures and have greater consequences, in further corners of the world. As actions of individuals become more widely known, they will have a greater impact on others and be subject to increased debate.

2. Why is the “obituary exercise” of such importance in illustrating ethical behavior? The obituary exercise encourages individuals to think about what will be said about them once they are dead. This exercise is taken from the story of Alfred Nobel, a chemist best known for inventing dynamite. His brother died while Alfred was still alive, and the newspaper accidentally printed Alfred’s obituary instead of his brother’s. Alfred read his obituary that saluted him as the inventor of dynamite and the maker of much money. He was horrified that he was only remembered for those things. As a result, he decided to establish a different legacy.

He gave way his wealth and established the Nobel Prize for achievement in various fields. In determining what ethical path to take, individuals should think about what they want their obituary to say, and then live their life backwards.

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