Question 1

Distinguish between the "instrumentalist" and "structuralist" variations of the Marxist/critical model of law.

Accepted Answer

The answer of Distinguish between the "instrumentalist" and "structuralist" variations...

Question 2

In ancient societies:

Accepted Answer

In ancient societies, a harm was considered an act committed against an individual or family (choice A), and the initiation of a criminal case depended upon the initiative of the person wronged or, if he had been killed, by his family or kin folk (choice C). This means that the victim or their family had to take legal action in seeking justice for the harm done to them. The state did not take charge of criminal cases as they do today, making choice B incorrect.

Question 3

The "sociological imagination" refers to an attempt to grasp history and biography and the relations between the two within society.

Accepted Answer

The sociological imagination is a term coined by C. Wright Mills that refers to the ability to see and understand the connections between individual experiences and larger social and historical forces. It involves understanding how personal experiences are shaped by social and cultural factors and how social phenomena are influenced by individual actions and choices.

Question 4

Who was most likely to be punished during the Salem witchcraft craze?

Accepted Answer

During the Salem witchcraft craze, the majority of those accused, arrested, and executed were women, particularly those who were unmarried or widowed. This was due to the prevailing attitudes towards women at the time, which viewed them as more susceptible to the devil's influence and prone to engaging in witchcraft. While some adult males were accused and executed as well, they made up a much smaller portion of the accused population. Children, slaves, and immigrants were also accused and sometimes executed, but not at the same rates as women.

Question 5

The Puritans of Massachusetts Bay colony, in their effort to establish a righteous community of believers had little tolerance for different religious beliefs. In the mid 1650s which religious group did the Puritans persecute?

Accepted Answer

The Puritans persecuted the Quakers in the mid 1650s, including imprisoning and executing some of their leaders. The Quakers' belief in the direct communication with God and rejection of religious authority made them a threat to the Puritan's established church and their vision of a unified community.

Question 6

The emergence of criminal law in England did not occur in a vacuum. Rather it emerged in the context of  larger structural changes in economic and political institutions.  It reflected a shift from feudalism to nationalism.   A new legal system emerged as well.  Specifically there was a transition from Tribal law to State law.  The following lists are indicative of Tribal or State law.

$$\begin{array}{l}
A &B\
\begin{array} { l | l r } 
 Territorial  ties    &Blood  ties  \
Individual  responsibility   &Collective  responsibility \
State  as  unit  of  justice &Family  as  a  unit  of  justice  \
Punishment&Feud  or  Compensation  \
\end{array}
\end{array}$$
-Which list of traits is indicative of State law?

Accepted Answer

The traits listed in A, such as territorial ties, individual responsibility, and the state as the unit of justice, are characteristic of State law. Traits listed in B, such as blood ties and the family as the unit of justice, are characteristic of Tribal law.

Question 7

The legislative branch of government performs which function?

Accepted Answer

The legislative branch is responsible for creating laws, including defining criminal behaviors and their punishments.

Question 8

The author argues that you cannot have equal justice in an unequal society. What does he mean by this? Is this argument valid?

Accepted Answer

The answer of The author argues that you cannot have...

Question 9

After the American Revolution the major concern of those in power seemed to center around:

Accepted Answer

After the American Revolution, there were concerns about social disorder and unrest. The newly formed government wanted to avoid riots and uprisings, which were a regular occurrence leading up to the Revolution.

Question 10

The Puritans of Massachusetts Bay injected a strong dose of the Old Testament into the English common law heritage. The puritans cited ___________ authority for each crime and punishment.

Accepted Answer

The sentence directly states that the Puritans cited "Biblical" authority, indicating that the Old Testament was an important source of law for them. The other choices (A, B, and D) are incorrect because they are not mentioned in the sentence as sources of authority for the Puritans.

Question 11

From a "social justice" perspective we need to eliminate such systemic problems as poverty, racism, sexism and class inequality which generates most of the crime we experience.

Accepted Answer

According to the social justice perspective, eliminating systemic problems such as poverty, racism, sexism, and class inequality would address the root causes of crime.

Question 12

The emergence of criminal law in England did not occur in a vacuum. Rather it emerged in the context of  larger structural changes in economic and political institutions.  It reflected a shift from feudalism to nationalism.   A new legal system emerged as well.  Specifically there was a transition from Tribal law to State law.  The following lists are indicative of Tribal or State law. 
$$\begin{array}{l}
\text {A }&{B}\
\begin{array} { l | l r } 
\hline Territorial  ties    &Blood  ties  \
Individual  responsibility   &Collective  responsibility \
State  as  unit  of  justice &Family  as  a  unit  of  justice  \
Punishment&Feud  or  Compensation  \
\end{array}
\end{array}$$
-Which list of traits is indicative of Tribal law?

Accepted Answer

The traits listed in B (blood ties, collective responsibility, family as a unit of justice, and feud or compensation as punishment) are indicative of Tribal law, while the traits listed in A (territorial ties, individual responsibility, state as unit of justice, and punishment) are indicative of State law.

Question 13

What is meant by the term "rule of law"? Why do you think this is used so often by politicians and other leaders?

Accepted Answer

The answer of What is meant by the term "rule...

Question 14

The Law of the Twelve Tables was:

Accepted Answer

The Law of the Twelve Tables was the earliest attempt to create a code of law in ancient Rome. It was composed of twelve tablets or bronze plaques upon which laws were inscribed. It is considered the foundation of Roman law and was crucial in shaping Roman society. The laws were based on the existing customary law, and the aim was to make the law more accessible and understandable to the common people.

Question 15

Which term best describes a system where land is held by a landlord who grants individuals (peasants) the right to live and work the land as tenant and sometimes perform military service?

Accepted Answer

The system described in the question is a characteristic of feudalism. In a feudal system, the land is owned by a lord or monarch and is then divided and granted to vassals (peasants) who are given the right to live and work the land in exchange for military service or other obligations. This system was prevalent in medieval Europe. The other options are not applicable to the system described in the question.

Question 16

Critically evaluate the consensus, conflict and Marxist/critical models of the law.

Accepted Answer

The answer of Critically evaluate the consensus, conflict and Marxist/critical...

Question 17

Critics of the "instrumentalist" position on the state argue that it exaggerates the cohesiveness of the ruling class and its use of the legal order. Short answer/essay questions.

Accepted Answer

Critics of the "instrumentalist" position argue that the ruling class is not as cohesive as it is made out to be and that its use of the legal order is not always uniform or consistent. They argue that issues such as ideological differences, personal interests, and strategic considerations can lead to disagreements and inconsistencies in the ruling class's use of the state and its legal system. Therefore, the instrumentalist position may exaggerate the degree of control the ruling class actually has over the state and legal order.

Question 18

Describe in some detail Quinney's theory of the Social Reality of Crime? Outline some of the underlying assumptions of this view, along with some key concepts.

Accepted Answer

The answer of Describe in some detail Quinney's theory of...

Question 19

Criminal law, as we understand the term today, developed only when the idea of "private vengeance" was replaced by the notion that the entire community was also victimized. From the following list, which points directly apply to what we are describing? (1) "an offense against an individual is also an offense against the public order and the state." (2) "the methods of punishment shall be administered by the state and not solely by the victim." (3) "the protection the law provides theoretically should apply to all citizens, not just particular groups."

Accepted Answer

All three points directly apply to the development of criminal law as described. Point 1 emphasizes the shift from individual to communal victimization, point 2 highlights the state's role in administering punishment, and point 3 underscores the universal protection provided by the law, moving away from private vengeance.

Question 20

The term "ideology" generally refers to the rationale for the current social order.

Accepted Answer

Ideology typically refers to a set of beliefs or values that justifies and supports the existing social, economic, and political structures in a society. It serves to maintain the status quo by legitimizing the power of those in authority and shaping people's attitudes and behaviors towards certain issues.

Quiz 1: Perpetuating the Class System: The Development of Criminal Law