Deck 2: The Rediscovery of Crime Victims

Question 1

In 2005, Congress passed legislation that protected gun manufacturers and dealers from suits seeking to hold them liable for negligence when their weapons were used to commit crimes.

Answer 1

True

Question 2

The dangerousness of patients and inmates can be accurately predicted, with few false positives or negatives.

Answer 2

False

Question 3

Although many cases may appear to be appropriate for restitution, case attrition or funneling often occurs instead.

Answer 3

True

Question 4

Spontaneous acts of revenge were common responses by injured parties and their kin before the idea of restitution was developed.

Question 5

Nonfeasance is the allegation that police officers failed to act to protect individuals to whom they owed a special duty, such as witnesses for the prosecution.

Question 6

Currently, courts in every state have the authority to order restitution.

Question 7

Civil actions commence when the plaintiff files a complaint (referred to as a "pleading.").

Question 8

As an intentional tort, attachment refers to knowingly stealing or destroying someone's possessions of property.

Question 9

Process evaluations of compensation programs focus on internal operations and monitor the variables that characterize the trends and patterns of the programs' efforts.

Question 10

Creative restitution to substitute victims seems appropriate when the immediate casualties can't be identified.

Question 11

Some insurance policies carry a double indemnity clause that grants survivors twice as much if the policyholder dies unexpectedly from an accident or crime.

Question 12

Reformers promote restitution as a means of rehabilitation.

Question 13

Wrongful death suits enable survivors to collect compensation when the loss of a loved one occurs without justification or legitimate excuse.

Question 14

As an intentional tort, conversion of chattel involves intentional, harmful physical contact that is painful, injurious, or offensive.

Question 15

As an intentional tort, trespass refers to the intentional invasion of another person's land.

Question 16

As an intentional tort, false imprisonment is holding a person against his or her will.

Question 17

The enactment of the Mandatory Victim Restitution Act of 1996 imposed repayment obligations on all violent offenders in the federal system.

Question 18

Because they both punished criminals and compensated victims, notoriety-for-profit laws were accepted without controversy from their inception.

Question 19

The government-liability rationale argues that the state is responsible for the safety of its citizens because it reserves the right to use force to suppress crime and to punish offenders.

Question 20

One goal of restitution is to ensure that the victims of crimes get repaid.

Question 21

What is a type of restitution designed to make amends to society as a whole?

A) Parole
B) Probation
C) Reparations
D) Community service

Question 22

Money awarded to repay expenses is most accurately called:

A) punitive damages.
B) compensatory damages.
C) pecuniary damages.
D) fiscal relief.

Question 23

Money extracted to penalize wrongdoers and deter others from similar acts is most accurately termed:

A) punitive damages.
B) compensatory damages.
C) pecuniary damages.
D) fiscal relief.

Question 24

What kind of restitution happens when offenders, on their own initiative, go beyond what the law asks of them or their sentences require?

A) Idealistic
B) Creative
C) Symbolic
D) Secondary

Question 25

Reformers promote restitution as a means of:

A) repayment to victims.
B) rehabilitation of offenders.
C) mutual reconciliation.
D) achievement of all these.

Question 26

In which state was the earliest community service program established?

A) New York
B) South Dakota
C) North Carolina
D) Minnesota

Question 27

Money awarded to recover lost income is called:

A) punitive damages.
B) compensatory damages.
C) pecuniary damages.
D) fiscal relief.

Question 28

In the years following the American Revolution, which of these were defined as wrongful acts that harmed specific persons?

A) malfeasance
B) nonfeasance
C) torts
D) damages

Question 29

Why are most street crime victims never compensated?

A) Because the offenders are not caught
B) Because the offender has little or no income
C) Because the offender is incarcerated
D) Because of any and/or all of these reasons

Question 30

In colonial America before the Revolution, criminal acts were handled primarily as:

A) public wrongdoing.
B) private conflicts between individuals.
C) acts against the state with the victim as a witness.
D) none of these.

Question 31

As an intentional tort, which crime refers to knowingly stealing or destroying someone's property or possessions?

A) assault
B) conversion of chattel
C) battery
D) trespass

Question 32

Just as most criminals escape punishment, most also evade restitution.This phenomenon is sometimes referred to as:

A) allocution.
B) diversion.
C) funneling.
D) all these.

Question 33

Which types of lawsuits enable survivors to collect compensation for the loss of a loved one when the loss has occurred without justification or legitimate excuse?

A) Wrongful death suits
B) Assault suits
C) Battery suits
D) Conversion of chattel

Question 34

Prior to the rise of governments and codification of laws, typical responses by injured parties and their kin were spontaneous acts of:

A) revenge.
B) battery.
C) assault.
D) violence.

Question 35

Which of these are alternatives to prosecution?

A) Allocutions
B) Diversions
C) Funnelings
D) Attritions

Question 36

After an offender has served a period of incarceration, restitution can be included as a condition of:

A) probation.
B) parole.
C) diversion.
D) community service.

Question 37

As an intentional tort, which crime involves intentional, harmful physical contact that is painful, injurious, or offensive?

A) conversion of chattel
B) assault
C) battery
D) trespass

Question 38

What kind of restitution may be appropriate when the immediate casualties can't be identified?

A) Idealistic
B) Creative
C) Symbolic
D) Secondary

Question 39

In ancient societies, what was intended to satisfy a thirst for vengeance as well as to repay losses?

A) restitution
B) diversion
C) fining offenders
D) retribution

Question 40

Currently, U.S.courts have the authority to order restitution:

A) in all states.
B) in 10 states.
C) in 25 states.
D) in 35 states.

Question 41

Why have some courts stricken down Son of Sam laws?

A) They allow criminals to profit from publicizing their crimes.
B) They can violate the 1st Amendment if not written carefully.
C) They were never accorded the acceptance of public opinion.
D) They deny victims' rights and prevent restitution to victims.

Question 42

Describe two of the torts that can be brought to court by someone who suffered damages at the hands of a government agency, and explain what the victim would have to prove in order to be successful.

Question 43

Lawsuits against businesses can take many forms.Explain three examples of possible lawsuits against businesses and some of the difficulties in taking this form of action.

Question 44

Advocates of restitution claim it is beneficial on a number of fronts.Discuss restitution as a means of rehabilitating offenders, as a means of reconciling offenders and their victims, and as a means of punishing offenders.

Question 45

Growing numbers of victims have discovered that they can pursue their alleged offenders and their own best interests via lawsuits in civil court.Describe and explain at least three of the torts that a crime victim can bring to court.

Question 46

The allegation that police officers failed to act to protect an individual, such as a witness for the prosecution, to whom they owed a special duty, is termed:

A) malfeasance.
B) nonfeasance.
C) torts.
D) damages.

Question 47

Suing private enterprises for third-party damages:

A) never involves accusing the defendant of intentionally harming the plaintiff.
B) usually involves gross negligence and breach of responsibility.
C) requires proving that the enterprise did not take sufficient action to prevent a reasonably foreseeable crime.
D) can accurately be described as having all of these characteristics.

Question 48

According to the National Crime Victimization Surveys (NCVS), which of these is true?

A) More people are insured against medical expenses than against property losses.
B) Medical and dental costs are more devastating than theft or vandalism expenses.
C) Claims for larger losses are more likely to be reimbursed than for smaller ones.
D) According to the National Crime Victimization Surveys, all of these are factual.

Question 49

In a few states, governments cannot be sued even when negligence has clearly contributed to the commission of crime, as the agents are protected by:

A) strict liability.
B) sovereign immunity.
C) nonfeasance.
D) discretionary authority.

Question 50

Restitution takes place whenever injured parties are repaid by the individuals directly responsible for their losses.Define and discuss restitution, symbolic restitution, and creative restitution.Compare and contrast them.