JUST 314 ch 5&6 RETEST

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COLBERT JUST 314 NAME___Zackery Newman _______ Ethics in Criminal Justice EXAM 3, Fall 2018 DATE____________________________ Chapters 5 & 6 Each question is worth 2 points each. RETEST 1. There is a _MORAL FORCE ________________________ behind the law that varies in strength depending on the conduct in question. 2. The ___CONSENSUS VIEW __________________________ holds that the criminal law reflects society’s consensus that a behavior is harmful enough to merit government prohibition. 3. Crimes of ___VIOLENCE ____________ and theft possess a strong social consensus regarding their harmfulness. 4. The conflict view holds that a behavior is criminalized only when it serves the interests of those in positions of __POWER ___________. 5. Drinking in public, playing loud music, loitering and urinating in public are all examples of __QUALITY OF LIFE _________________________ offenses. 6. It is important to understand that society ___FORFEITS ____________ some liberties to protect itself. 7. It is important that laws are specific and that average citizens are able to understand what act is ___LEGAL __________________. 8. The ___CLASSICAL SCHOOL ____________________ of thought in criminology sees crime as the result of the conscious exercise of an individual’s free will. 9. According to ___POSITIVISM ___________________ (not a person), human behavior is determined by internal and external influences. 10. The ____ETHICAL ______________ view sees crime as a moral failure in decision making. 11. The _STRUCTURAL _________________ approach believes that poor behavior/law breaking is caused by political and economic conditions which promote a culture of 1
COLBERT competitive individualism in which individual fain becomes more important than social good. 12. ___KOHLBERG’S ____________________ Theory of moral development holds that people progress in their moral reasoning through a series of stages. 13. The above theorist claimed that these stages are universal to all people that they operate in __SEQUENCE ______________ and they are not reversible. 14. The Pre-Conventional stage of development consists of hedonistic self-interests, maximizing ___PLEASURE ____________. 15. The __CONVENTIONAL ___________________ stage consists of conformity to social rules and considering consequences affecting others. 16. The ___POST CONVENTIONAL ________________________ stage consists of universal moral principles internalized beyond what society requires; building from respecting the rights of others beyond what is required to acting in accord with universal principles of justice, reciprocity, quality, and respect. 17. Carol Gilligan’s ethics of caring consists of an orientation toward ___SELF ___________, and personal survival. 18. Another part of Gilligan’s Ethics of Caring is goodness as self-sacrifice which means that taking care of others is more important than ____PERSONAL ___________ needs. 19. According to Gilligan, caring for self and others consists of care as a universal ___OBLIGATION ____________, requiring embracing principles of nonviolence, non- exploitation, and avoiding hurt more generally. 20. __POLICE OFFICERS __________ are the gatekeepers of the Criminal Justice System. 21. A great deal of attention has been given to the role of police in society as they determine the balance between order and __APPREHENDING CRIME SUSPECTS ___________. 22. The decision made by the police are determined and guided by legal terms of the ___U.S. CONSTITUTION ____________________. 23. Investigation, interrogation, searches, seizures and arrests are all guided by ___CRIMINAL __ law. 24. The first 10 Amendments contained in the U.S. Constitution are referred to as The _____BILL OF RIGHTS____. 2
COLBERT Match the collect letter with the corresponding amendment. Place the letter on the line next to the matching amendment. Answe r Question # Amendmen t *Place correct letter in answer column C 25 1 st a. The housing/quartering of soldiers J 26 2 nd b. Protection of right to life, liberty and property A 27 3 rd c. Freedom of speech, religion, press and assembly H 28 4 th d. Undelegated powers kept by the State and the people B 29 5 th e. Rights of the accused in criminal cases E 30 6 th f. Uphold other rights of the people in Constitution I 31 7 th g. Protection against excessive bail and unreasonable punishments G 32 8 th h. Protection from unreasonable searches and seizures F 33 9 th i. Rights in civil cases D 34 10 th j. The right to bear arms 35. _____TERRY V. OHIO___ was the case that established the legal authority and limits for a stop and frisk. 36. The U.S. Supreme Court distinguished between a stop and an arrest and between a frisk and a search. A search is an exploration for ____FIREARMS ___. 37. __UTILITARIANISM _____ is based on the outcome of an action and we do not know what in advance in many cases. 38. A police officer may ask themselves, “given a particular set of circumstances, would conducting a stop and frisk be a good universal rule?” Under the system of __FORMALISM _______, that would be a good question to ask is the law’s application was unclear. 39. Individuals are protected against unreasonable searches and seizures without a warrant specifying ____PROBABLE CAUSE ________; excluding any exceptions. 40. Of the three forms of police corruption, ____NONFEASANCE ____ is a failure to perform a legal duty. 3
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COLBERT 41. Failure to perform a legal duty in a proper manner is considered __MISFEASANCE ______, another form of police corruption. 42. The outright commission of an illegal act is called ___MALFEASANCE ____, when referring to police corruption. 43. __POLICE CORRUPTION ______ is misuse of authority for personal gain. 44. The important elements of police corruption are… a. THE ILLEGAL ACTS OR OMISSIONS _______________________________ b. OCCUR WHILE THE OFFICER IS ON DUTY ________________ c. THE INTENT TO RECEIVE A REWARD FOR THESE ACTS _____ 45. The most common incidents of lying by police occur when it is seen as necessary to perform__LEGITIMATE ____ police actions, such as undercover operations where police must like to maintain their cover. 46. Police are sometimes encouraged to lie when performing a/an ____INTRROGATION____ in order to obtain more information. 47. _____FORMALISM _____ would see all lies as unethical. 48. ____UTILITARIANISM _______ would weigh the harm to the suspect by lying against the good produced by the evidence obtained from the lie. 49. ____CODES OF ETHICS _____________ are designed to promote thoughtful and professional conduct, not account for every possible situation a police officer might face. 50. Codes of ethics for police have been developed in recent years as a mechanism to enhance police ____PROFESSIONALISM __________ and reduce corruption. 4