Deck 6: The Purpose of Criminal Punishment What Is Punishment

Question 1

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

A) Interrupted time-series studies
B) Ecological studies
C) Perceptual studies
D) Socioeconomic studies

Answer 1

B

Question 2

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

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

Answer 2

C

Question 3

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

A) Incapacitation and rehabilitation
B) Retribution and just deserts
C) Individual and general deterrence
D) Incapacitation and just deserts

Answer 3

B

Question 4

Individual (or specific) deterrence seeks to:

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

Question 5

Utilitarian and retributive theories of punishment differ primarily in their:

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

Question 6

Cesare Becarria took a similar position to that of:

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

Question 7

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

A) Utilitarian
B) Contingent
C) Retributivist
D) Overt

Question 8

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

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

Question 9

Punishment consists of which of the following elements?

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

Question 10

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

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

Question 11

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

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

Question 12

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

A) Interrupted time-series studies
B) Ecological studies
C) Perceptual studies
D) Socioeconomic studies

Question 13

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

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

Question 14

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

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

Question 15

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

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

Question 16

Past oriented theories are often referred to as:

A) Utilitarian
B) Contingent
C) Retributivist
D) Overt

Question 17

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

A) Consensus
B) Retributivist
C) Vengeance
D) Deterrent

Question 18

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

A) Retribution
B) Incapacitation
C) Just deserts
D) Deterrence

Question 19

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

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

Question 20

Which theory of punishment follows lex talionis?

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

Question 21

The notion of incapacitation is reflected in such punishment policies as:

A) Three-strikes legislation
B) Mandatory minimum sentences
C) Truth in sentencing
D) All of the above

Question 22

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

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

Question 23

Denouncing criminals can also be referred to as:

A) Empathizing with the victim
B) Vengeance
C) Alienation
D) All of the above

Question 24

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

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

Question 25

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

A) Just deserts
B) Rehabilitation
C) Retribution
D) Restorative justice

Question 26

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

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

Question 27

Censure:

A) Is an important component to deterrence thinking
B) Is simply holding offenders accountable for their conduct
C) Is connoted by rehabilitation
D) Will not ever have a deterrent effect

Question 28

Rehabilitation argues for which type of sentences:

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

Question 29

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

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

Question 30

The demise of rehabilitation began during which decade?

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

Question 31

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

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

Question 32

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

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

Question 33

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

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

Question 34

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

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

Question 35

Punishment:

A) Is a conventional device
B) Has a symbolic significance largely missing from other kinds of penalties
C) Expresses more than disapproval
D) All of the above

Question 36

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

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

Question 37

Which of the following is a problem with communicative theory?

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

Question 38

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

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

Question 39

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

A) Rehabilitation is faulty
B) Nothing works
C) Rehabilitation programs are ineffective
D) Retribution prevents more crime

Question 40

Unfair advantage theory focuses on:

A) Offenders who have taken advantage of others in society
B) Those offenders who need to be punished
C) Focuses on those who need to be "fixed"
D) None of the above

Question 41

Rehabilitation theory is consistent with the indeterminate sentence.

Question 42

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

A) Rehabilitative detention
B) Restorative detention
C) Punishment rationality
D) Bureaucratic rationality

Question 43

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

Question 44

If the rationale of restorative justice is to repair relations between victim, offender and the community, the question arises - should restorative justice be seen as 'alternative punishment' or should it be seen as 'alternatives to punishment'?

Question 45

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

A) The availability of capital
B) Economic crises
C) The availability of labor
D) Contradictions in capitalism

Question 46

Proponents of restorative justice generally general reject the paradigm.

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

Question 47

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

A) Punishment
B) Less eligibility
C) Disadvantage
D) Imprisonment

Question 48

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

Question 49

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

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

Question 50

Sociological perspectives on punishment include the thinking of:

A) Emile Durkheim
B) Max Weber
C) Michael Foucault
D) All of the above

Question 51

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

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

Question 52

The theory of punishment closest to retribution is just deserts.

Question 53

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

A) Deterrent
B) Functionalist
C) Analytic
D) Collective

Question 54

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

Question 55

Retribution and revenge are identical in all aspects.

Question 56

Durkheim theorized that the main purposes of punishment were to:

A) Affirm social values and promote social solidarity
B) Punish the offender and compensate the victim
C) Deter the offender and the general public
D) Rehabilitate the offender and protect society

Question 57

The newest theory of punishment is restorative justice. .

Question 58

The death penalty is consistent with rehabilitation.

Question 59

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

Question 60

Restorative justice focuses on:

A) The offender
B) The victim
C) The community
D) All of the above

Question 61

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

Question 62

Which one purpose of punishment do you think works best to reduce recidivism rates? Why?

Question 63

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

Question 64

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

Question 65

What are the main criticisms of restorative justice?

Question 66

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

Question 67

Name two pre-twentieth century advocates of deterrence theory.

Question 68

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

Question 69

Define, discuss compare and contrast individual and general deterrence. Please give one example of each.

Question 70

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

Question 71

How is the sociological approach to punishment different from the philosophical approach?

Question 72

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

Question 73

How does retribution differ from revenge? Please provide examples.

Question 74

Is it possible to reconcile utilitarian and retributive theories?

Question 75

Present, discuss and evaluate three criticisms of restorative justice. Briefly explain your position on restorative justice.