CJS 316 Mindtap/Isidore quizzes and vocab
the idea that groups in society have fundamental differences and that those in power control societal elements, including law
conflict paradigm
the idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view
consensus paradigm
the legal agreement between the Justice Department and a police department whereby the police department agrees to perform specified activities and submit to monitoring to ensure that the department meets the terms of the agreement in order to avoid a lawsuit
consent decree
Under the retributive system, the reason we punish is for the greater good of society
false
Under the utilitarian rationale for punishment, we weigh the punishment to the crime in order to balance the wrong to society
false
Utilitarianism emphasizes the rights of the individual
false
Values are capable of scientific proof
false
a defense attorney that knew of the location of the murder weapon that his client used is required to turn that weapon in as part of discovery
false
a prosecutor's legal duty is to win a conviction
false
an act must be considered harmful to individuals in order for legal moralism to be a valid justification for laws against it
false
an operation in which a police officer is places in a position where he or she might be tempted to break a rule or a law and is monitored to see what he or she will do is known as a "graft check."
false
because gratuities are seen as a gateway to more serious corruption, all american police departments have strict "no gratuities" policies.
false
ex parte conversations are a way of avoiding the perception of bias
false
it is called confirmatory bias when a judge decides a case ahead of time
false
it is very common for attorneys to file complaints against judges
false
legal paternalism is consistent with utilitarianism
false
_____________ means standing up for one's choices and being accountable.
responsibility
Nix v Whiteside ruled that defense attorneys can refuse to allow their clients to commit perjury
true
Noble-cause corruption is a type of organizational level explanation for police deviance.
true
Police officers have the power to deprive people of their liberty and the power to decide which individuals to investigate
true
Protection of public morality is the rationale for some laws, which involves drugs, gambling, and prostitution
true
Rawls's theory of justice is consistent with rights-based theories of justice
true
List and discuss the five steps used to clarify any ethical dilemma that were presented in the text and reviewed in class. Use an example of a dilemma to demonstrate the steps (this can be a real example or one you make up)
1. Identify the facts of the situation 2. Identify the values and concepts involved and associated with the situation 3. Identify all possible ethical dilemmas and decide what is the most immediate ethical dilemma 4. Identify the most immediate ethical and moral dilemma facing the individual 5. Resolve the dilemmas using an ethical system An example of an ethical dilemma where this could be applied would be if you were working as a police officer and you pulled over the mayor for speeding and driving recklessly while on patrol. The facts in this situation are that the mayor was driving over the speed limit which is breaking the law and was swerving in and out of her lane which could result in an injury or an accident to oncoming traffic. You pulled her over after observing her driving in order to protect the safety of everyone on the road. The mayor informs you she is late to a meeting about increasing more funding for your police department, so it would be in your best interest to let her off with a warning because she wants to honor the hard work you do. The values in this situation are safety, respect for your superior and the role she holds in your city, loyalty to your work and the oath you swore to protect, integrity, and honesty. Some possible ethical dilemmas include whether or not to allow the mayor to leave with a warning because this could deprive your department of funding and cause your chief to other officers to become angry with your choice. The media could also get ahold of the situation and show how you showed favoritism to the mayor making your department look bad. Another dilemma would be the injury she could inflict if you allow her to leave right away where she doesn't understand the severity of her actions, but the most conflicting dilemma is what type of corrective action should she receive. The most important moral dilemma to solve is whether to allow the mayor to speed to her meeting or issue her a citation or ticket. You resolve this ethical dilemma using ethical formalism because you know it is your duty to issue the mayor a ticket due to the risk she presented. If you used the ethical system of utilitarianism for your department, you could have let her off with a verbal warning in order to receive more funding, but you also could have put the larger society at risk. You still decide to follow what you know is your duty, and you issue her a ticket even though the end result may not serve your best interest.
The U.S. Supreme Court held that the _________ Amendment guarantees that indigent (poor) criminal defendants receive legal representation.
6th
Which of the following situations is not an example of an ethical issue?
A prosecutor deciding which charges to file in a particular case
Which of the following would not be considered a moral judgment?
Abortion results in the death of a fetus
Compare and contrast substantive justice and procedural justice.
Both substantive and procedural justice fall under types of corrective justice, but substantive justice focuses on the appropriate punishment for the crime. Procedural justice on the other hand focuses on the steps needed to determine guilt and punishment according to the law, so procedural is emphasizes the process and substantive emphasizes the actual punishment.
Which of the following statements is an example of a categorical imperative?
Catholic priests must never be married
________________ prisoners' secrets is essential to the work of treatment staff at a prison, while, for anyone in the field of mental health, their first rule is _______________.
Confidentiality of; do no harm
Which of the following statements best explains habitual-felon laws?
Individuals who are convicted of a crime are incarcerated not only for the crime they committed, but future possible crimes they may commit.
Serotonin is the "moral molecule."
false
What New York police officer's work led to the Knapp Commission?
Frank Serpico
European legislation that prohibits passing by an accident scene or witnessing a crime without rendering assistance; can also refer to laws that provide protection from civil suits for individuals who stop and render aid
Good Samaritan Laws
Which of the following statements best describes how the social contract theory rationalizes choices in punishment and corrections?
In order to avoid social chaos, the state has unlimited power to determine and control punishments and corrections.
Which of the following statements does not describe a popular idea for changing sentencing policies and the use of the prison system?
One popular idea for changing sentencing is to put more people in prison for life in order to make sure they are never allowed to live in the general population.
Which of the following statements about ethical dilemmas of prison psychologists is true?
Prison psychologists have a legal obligation to warn a third party if they are given cause to believe one of their clients is planning to cause harm.
What component of justice concerns itself with the steps taken to determine guilt?
Procedural justice
Discuss organizational and societal influences on behavior
Some organizational and societal influences on behavior include concepts such as ethical climate and beliefs and customs that society holds important. Organizational influences come from professional settings, workplaces, institutions, and other organizations that can affect the ethical climate of where one works and associates with. These influences can be positive or negative and can come from the training and additional experiences offered or from the attitudes and behaviors of the people inside that work there which can create or positive or negative atmosphere. Societal influences come from the customs, norms, and values that society as a whole values at that given time. For example, in class, we talked about how after 9/11, society was focused on our nation's security from outside threats which resulted in our law enforcing and policing agencies developing Homeland Security to mitigate that fear and ensure the safety against the terrorist threats. This organization was only created because of the fear generated from these attacks showing how society was able to influence the security of our nation.
Studies indicate that gratuities do not influence the way officers patrol
false
Discuss the differences between teleological systems and deontological systems. Use an example to demonstrate how the ethical systems affect the final judgement. (This can be a real example or one you make up)
The major difference between a teleological system and a deontological system is that with a teleological system like utilitarianism, the ends justify the means. In a deontological system such as ethical formalism, the final outcome does not matter because the goodness comes from the act itself, not the consequences or results due to the act. An example that demonstrates these two systems would be if a neighbor asked to borrow your car because their car died and they needed to go to the store to pick up their ill mother's prescription. This neighbor lied to you and ended up using your car to rob the pharmacy because they had a drug addiction. If you analyzed the situation from a teleological system, the act of giving your car to your neighbor would be seen as immoral because the outcome was bad and resulted in a crime. If you analyzed the situation from a deontological system, then the act of giving your neighbor your car was good because it was an inherently good act. Even though your neighbor robbed the pharmacy and caused fear and could have potentially hurt individuals, the act was still good. These two systems focus on different parts of the ethical dilemma or situation resulting in different understandings of what is considered "good" or "bad".
Which of the following statements best describes the general relationship among correctional officers and inmates?
To live in peace, correctional officers sometimes will let small infractions slide, but ignoring too many infractions can lead to the officer losing control of the inmates.
Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice. Explain how today's criminal justice system is or is not reflective of Catholic perspective.
Today's criminal justice system is not reflective of the Catholic perspective because the Catholic perspective believes that punishments should be given for a purpose. A purpose that heals the individual and the victim and helps both parties to work together to come to a mutual agreement and understanding. It means the offender apologizes and accepts responsibility while the victims receive closure and can offer a reasonable punishment that serves the good of society. I believe our current system is not reflective of this because of our high incarceration rates. I believe the system today resorts to jail and prison sentences instead of acknowledging the deeper underlying problem and working to solve that issue. They instead, send the offender off to corrections and the victims' only closure is knowing that the offender is locked behind bars. The racial disparity in our criminal justice system also does not reflect the Catholic perspective on crime because minority populations are targeted at unprecedented rates resulting in greater incarcerations which again does not work towards restorative justice. In addition, the Catholic perspective does not support discrimination and implicit and explicit bias which is something we still currently see in our criminal justice system today.
Which of the following statements best describes jail officers in comparison with street deputies?
While jail officers have lower salaries and do not have the same status of street deputies, the population a jail officer has a higher chance of inflicting harm on each other.
Using power and authority of the office incorrectly is referred to as ________.
abuse of authority
the type of utilitarianism that determines the goodness of a particular act by measuring the utility (good) for all, but only for that specific act and without regard for future actions
act utilitarianism
A structured set of principles that defines what is moral is referred to as:
an ethical system
the application of ethical principles to specific issues
applied ethics
Procedural justice is important because it always leads to substantive justice
false
a legal tool used to confiscate property and money associated with organized criminal activity
asset forfeiture
The legal rule by which an attorney cannot disclose confidential information regarding his or her client except in a very few specified circumstances is called what?
attorney-client privilege
the legal rule by which an attorney cannot disclose confidential information regarding his or her client except in a very few specified circumstances
attorney-client privilege
unquestionable entitlement to be obeyed that comes from fulfilling a specific role
authority
another name for the code of silence
blue curtain of secrecy
this concept refers to the cognitive structuring whereby decisions are interpreted using variables that do not include ethics; for instance, companies evaluate decisions based only on economic factors rather than whether the action is moral
bounded ethicality
_____________ material consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant.
brady
meta-ethics, normative ethics, applied ethics, and professional ethics
branches of ethics
the approach in which each case is treated as one of many; the actors merely follow the rules and walk through the steps, and the goal is efficiency
bureaucratic justice
the concept that some things just must be, with no need for further justification, explanation, or rationalization for why they exist (Kant's CI refers to the imperative that you should do your duty, act in a way you want everyone else to act, and don't use people
categorical imperative
Which neurophilosopher explains how the hardwiring of the brain promotes bonding and empathy, primarily through the effects of oxytocin, which is the fundamental building block of all moral reasoning?
churchland
voluntarily breaking established laws based on one's moral beliefs
civil disobedience
an outside agency or board that includes citizens and monitors and/or investigates misconduct complaints against police
civilian review/complaint boards
the practice of officers to not come forward when they are aware of the ethical transgressions of other officers
code of silence
A term that encompasses halfway houses, work release centers, probation, parole, and any other intermediate sanctions, such as electronic monitoring, either as a condition of probation or as a sentence in itself that takes place in the community rather than prison
community corrections
a model of law enforcement that creates partnerships with the community and addresses underlying problems rather than simply enforcing the law
community policing
fixating on preconceived notion and ignoring all other possibilities, such as focusing on a specific suspect during a police investigation
confirmatory bias
According to which paradigm is governance based on power—if some win, others lose, and those who hold power in society promote self-interest, not a greater good?
conflict
The brain releases oxytocin in settings where there are feelings of anger or fear
false
During Kohlberg's ____________ level, people perceive themselves as members of society, and living up to role responsibilities is paramount in believing oneself to be good
conventional
The term that replaced the old label of guard, indicating a new role
correctional officer
justice that concerns when unfair advantage or unjust enrichment occurs (either through contract disputes or criminal action) and what the appropriate remedy might be to right the wrong
corrective justice
What model of policing is related to a "war on crime" mentality, with police officers seen as the warriors on the front line?
crime control model
What style of policing focuses on a warrior role and is more tolerant of use of force incidents?
crime fighter model
the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings
criminalistics
Punishment proscribed by the Eighth Amendment
cruel and unusual punishment
the idea that values and behaviors differ from culture to culture and are functional in the culture that holds
cultural relativism
A terrorist leader has recruited new volunteers and is addressing them. He tells them that their mission will "eliminate" many people but that they would be serving a higher purpose. He explains that their group's struggle depends on martyrs such as themselves. He goes on to say that, their victims belong to a lesser class of people and refers to them with an insulting ethnic slur. He declares that they deserve to be eliminated. The new volunteers not only agree to take part in a suicide mission, they are happy to have been chosen. By telling the recruits that their victims are a lesser class of people and calling them an insulting name, the leader is using which method of cognitive restructuring?
dehumanization
the study of duty or moral obligation emphasizing the intent of the actor as the element of morality, without regard to the consequences of acts
deontological ethical system
Specific deterrence is what is done to offenders to prevent them from deciding to commit another offense. General deterrence is what is done to an offender to prevent others from deciding to engage in wrongful behavior
deterrence
Acts that violate authority
malfeasance
psychological theories that identify and chart individuals normal growth phrases in areas such as morality and emotional maturity
developmental theories
The authority to make a decision between two or more choices is referred to as ________.
discretion
The power and authority to choose one of two or more alternative behaviors is known as:
discretion
The power to make a choice of action from several alternatives is referred to as what?
discretion
the authority to make a decision between two or more choices
discretion
justice that concerns what measure should be used to allocate society's resources
distributive justice
constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of protected liberty, life, or property
due process
What model of policing emphasizes a person's rights?
due process model
Romeo's house has caught fire, and he is trapped inside. The neighbors called 911. Two firefighters and one of the neighbors (an accountant) entered the house in an attempt to save Romeo. Another neighbor tore away the screening around Romeo's porch so that his pets could run to safety. The firefighters who attempted to save Larry were performing a(n) ___________________.
duty
required behavior or action, that is, the responsibilities that are attached to a specific role
duty
Using one's position to obtain improper financial benefit is referred to as ________.
economic corruption
the concept that egoism may appear to be altruistic because it is in one's long-term best interest to help others in order to receive help in return
enlightened egoism
when an otherwise innocent person commits an illegal act because of the police encouragement or enticement
entrapment
______________ refers to the same value, rights, or treatment between all in a specific group.
equality
the same value, rights, or treatment between all in a specific group
equality
Romeo's house has caught fire, and he is trapped inside. The neighbors called 911. Two firefighters and one of the neighbors (an accountant) entered the house in an attempt to save Romeo. Another neighbor tore away the screening around Romeo's porch so that his dog could run to safety. The neighbor who tore away the screening hesitated at first because he was of the belief that it was wrong to destroy another's property. At the same time, he also was of the belief that he should attempt to rescue Romeo's pets. These conflicting beliefs constituted a(n)
ethical dilemma
Situations in which it is difficult for an individual to decide, either because the right course of action is not clear or because the right course of action carries some negative consequences, are referred to as?
ethical dilemmas
situations in which it is difficult for an individual to make decisions either because the right course of action is unclear or carries some potential negative consequences for the person or people involved
ethical dilemmas
this concept refers to the situation whereby decision makers, who might have initially questioned whether an action was ethical or not, over time drop that element of the discussion and concentrate on other factors so that the decision is eventually made without taking into consideration whether it is ethical or not
ethical fading
the ethical system espoused by Kant that focuses on duty; holds that the only thing truly good is a good will, and not what is good is that which conforms to the categorical imperative
ethical formalism
_____________ are broad social questions, often concerning the government's social control mechanisms and the impact on those governed.
ethical issues
difficult social or policy questions that include controversy over the "right" thing to do
ethical issues
What system provides answers to the question of why something is right or wrong?
ethical system
a structure set of principles that defines what is moral
ethical system
the discipline of determining good and evil and defining moral duties
ethics
the ethical system that defines good as meeting the needs of others and preserving and enriching relationships
ethics of care
An ethical system which bases ethics largely upon one's character and possession of certain valued qualities is:
ethics of virtue
the ethical system that bases ethics largely upon character and possession of virtues
ethics of virtue
the greek term denoting perfect happiness or flourishing related to the way to live a "good life"
eudaimonia
Sanitizing language, such as "wasting" or "ending" instead of "killing" is an example of:
euphemistic labeling
Mistaken ____________ testimony is the most frequently identified factor in wrongful convictions.
eyewitness
The condition of being impartial, the allocation of equal shares or equal opportunities, is referred to as which of the following?
fairness
the condition of being impartial, the allocation of equal share or equal opportunities
fairness
A prosecutor's primary ethical duty is to pursue a conviction
false
According to Kohlberg, all people progress through each stage of moral development until they reach the highest stage
false
According to learning theory, moral behavior is learned best through reinforcement and exposure to higher order reasoning
false
According to the text, training classes in ethics have more influence over the behavior of employees than the behavior of administrators and supervisors
false
Aristotle believed that, by nature, we are born "good" and some later learn to be evil
false
Kant emphasized that a bad act would be considered ethical if it resulted in a good consequence
false
Kohlberg's research indicates that, while there are six stages of moral development, people pass through these stages in different orders, depending on their upbringing
false
Libertarian theory states that it is the role of government to provide as much guidance and control over the citizens as possible
false
Marxist theories state that resources should be distributed according to what one deserves or has earned
false
prosecutors are completely protected against any liability that might arise as a result of such misconduct as lying on a warrant petition or coercing a confession
false
prosecutors are required to pursue a conviction above all other goals
false
prosecutors are required to pursue criminal charges regardless of the wishes of the victim
false
research shows that there is no relationship between an officer's level of education and the number of citizen complaints received.
false
the major justification for corrective law is that it prevents harm
false
there is no fundamental distinction between a gift and a gratuity
false
mandated sentences created by congress for use by judges when imposing sentence (recent Supreme Court decisions have overturned the mandatory nature of the guidelines)
federal sentencing guidelines
the authority to use physical coercion to overcome the will of the individual
force
What part of the brain is associated with reason?
frontal lobe
the principle that all decisions should be made assuming that the decision would be applied to everyone else in similar circumstances
generalization principle
exploitation of one's role for illegal financial benefit (bribes or protection money)
graft
items of value received by an individual because of his or her role or position rather than because of a personal relationship with the giver
gratuities
The phenomenon in which a person with expertise or status in one area is given deference in all areas is referred to as what?
halo effect
the phenomenon in which a person with expertise or status in one area is given deference in all areas
halo effect
jeremy bentham's rationale for calculating the potential rewards of a crime so that the amount of threatened pain could be set to deter people from committing that crime
hedonistic calculus
What are acts that violate authority?
malfeasance
statements of contingent demand known as if-then statements (if I want something, then I must work for it); usually contrasted with categorical imperatives (statements of "musts" with no "ifs")
hypothetical imperatives
not favoring one party or interest more than another
impartiality
the concept that all decisions should be made according to absolute rules
imperative principle
moral duties that are not fully explicated or detailed
imperfect duties
Romeo's house has caught fire, and he is trapped inside. The neighbors called 911. Two firefighters and one of the neighbors (an accountant) entered the house in an attempt to save Romeo. Another neighbor tore away the screening around Romeo's porch so that his pets could run to safety. The neighbor who entered the burning house was frightened but had always valued the concept of heroism. Now faced with the opportunity, he chose to act heroically. In this example, heroism is an example of a(n) ________________.
imperfect duty
Holding an offender to prevent further crime (incapacitation is not punishment since any pain is unintended)
incapacitation
civilians who are used to obtain information about criminal activity and/or participate in it so evidence can be obtained for an arrest
informants
the ethical system that is based on religious beliefs of good and evil; what is good is that which's God's will
religious ethics
an organization staffed by lawyers and students who reexamine cases and provide legal assistance to convicts when there is a possibility that serious errors occurred in their prosecution
innocence project
"sting" operations to test whether police officers will make honest choices
integrity testing
What division of a police department handles police misconduct complaints?
internal affairs
a review procedure in which police investigators receive and investigate complaints and resolve the investigations internally
internal affairs model
An approach to the Constitution that uses a looser reading of the document and read into it rights that the framers might have recognized or that should be recognized as a result of "evolving standards."
interpretationists
Von Hirsch's conceptualization that the punishment of the individual should be purely retributive and balanced to the seriousness of the crime
just deserts model
When applying __________________________, offenders are punished equally depending on the crime they committed based on the recidivistic potential, while __________________ offers little to no attempt for rehabilitation and punishment with little or no care about the pain it inflicts.
just deserts model; penal harm
the quality of impartial, fair, and just; derived from the latin justitia, concerning rules or law
justice
David Fogel's conceptualization that the punishment of an individual should be limited by the seriousness of the crime, although treatment could be offered
justice model
hierarchical moral development described as stages; each higher developmental stage is described as moving away from pure egoism toward altruism
kohlberg's moral stages
What court case gives public employees protection for speaking up against unethical behavior?
lane v. franks
Our ________ serve as the written embodiment of society's ethics and morals.
laws
formal, written rules of society
laws
___________ theorists believe that children learn what they are taught, including morals and values as well as behavior.
learning
a justification for law that allows for protection and enforcement of societal morals
legal moralism
A seat belt law is an example of which of the following?
legal paternalism
refers to laws that protect individuals from hurting themselves
legal paternalism
the discipline that investigates the meaning of ethical systems and whether they are relative or are universal and are self-constructed or are independent of human creation
meta-ethics
Illegitimate acts done for personal gain
misfeasance
The idea that value and moral beliefs come from those whom one admires and aspires to identify with, is referred to as what?
modeling
learning theory concept that people learn behaviors, values, and attitudes through relationships; they identify with another person and want to be like that person and pattern themselves after the "model"
modeling
composed of moral agency which involves intent, anticipation of consequences, and self-regulation; and moral efficacy, which is the belief that one can successfully decided to act in moral ways
moral identity
the concept that there are fundamental truths that may dictate different definitions of what is moral in different situations
moral pluralism
Principles of right and wrong are referred to as what?
morals
principles of right and wrong
morals
Which ethical system embraces human's inclination for self-preservation?
natural law
the idea that principles of morals and rights are inherent in nature and not human- made; such laws are discovered by reason but exist apart from humankind
natural law
The concept that one has certain rights just by virtue of being born, and these rights are not created by humans, although they can be ignored
natural rights
Acts of omission
nonfeasance
What are acts of omission referred to as?
nonfeasance
determines what people ought to do and defines moral duties based on ethical systems or other means of analysis
normative ethics
The idea that workers feel they are being treated fairly is known as:
organizational justice
The type of officer who does the bare minimum on the job to stay out of trouble
passive time server
An approach to corrections that depends on care and wholesight, or looking at what needs to be done with both the heart and the head
peacemaking corrections
What approach to corrections depends on care and wholesight, or, looking at what needs to be done with both the heart and the head?
peacemaking corrections
an ancient approach to justice that includes the concepts of compassion and care, connectedness, and mindfulness
peacemaking justice
The idea that the system intentionally inflicts pain on offenders during their imprisonment or punishment, because merely depriving them of liberty is not considered sufficiently painful
penal harm
the use of signs, symbols, words, and arguments to induce compliance
persuasion
An exchange of a guilty plea for a reduced charge or sentence is referred to as ________.
plea bargain
exchange of a guilty plea for a reduced charge or sentence
plea bargain
the concept that there are many groups in society and that they form allegiances and coalitions in a dynamic exchange of power
pluralist paradigm
The prevalent misperception of the popularity of a belief among a group because of the influence of a vocal minority
pluralistic ignorance
human-made law
positivist law
The ethical system that bases ethics largely upon character and possession of virtues is referred to as ________.
possession of virtues
the right inherent in a role to use any means to overcome resistance
power
What type of stop refers to the practice of police officers using some minor traffic offense to stop the individual, specifically to look for other evidence of wrongdoing, usually by a consent search?
pretext
A rationale for punishment that views it as a means rather than an end and embraces any method that can deter crime, painful or not (includes deterrence, rehabilitation, and incapacitation)
prevention
Situational ethics is often used as a synonym for:
relativism
the idea that gives up one's right to be treated under the principles of respect for persons to the extent that one has abrogated someone else's rights; for example, self-defense is acceptable according to this principle
principle of forfeiture
Gary has always been a peaceful, law-abiding man, and he has raised his kids to be the same way. He donates to charitable causes and provides a comfortable life for his family. One night he takes his kids to a festival and in the parking lot, they are confronted by an armed robber. The robber has a knife and threatens to harm one of Gary's kids if he does not hand over his cash. As stated in the scenario, Gary donates to charity but still provides a comfortable life for his family. He has found a balance between the competing virtues of giving to the less fortunate while also ensuring that he provides for his family. This is an illustration of:
principle of the golden mean
aristotle's concept of moderation in which one should not err toward excess or deficiency; the principle is associated with the ethics of virtue
principle of the golden mean
The idea that the perception of legitimacy of legal authorities comes about when legal authorities practice fairness, participation, neutrality, respect, and illustrate trustworthiness
procedural justice
The idea that the perception of legitimacy of legal authorities comes about when legal authorities practice fairness, participation, neutrality, respect, and illustrate trustworthiness is referred to as what?
procedural justice
the component of justice that concerns the steps taken to reach a determination of guilt, punishment, or other conclusion of law
procedural justice
an even more specific type of applied ethics relating to the behavior of certain professions or groups
professional ethics
Most misconduct on the part of the ________ involves unethical or illegal means to obtain convictions, not pecuniary graft.
prosecutor
the ethical system that defines the pursuit of self-interest as a moral good
psychological egoism
professionals who are paid by the public and whose jobs entail pursuing the public good
public servant
Which model of policing focuses on the rights of every citizen and stresses the guardian aspect of police work?
public servant model
Unpleasantness or pain administered by one in lawful authority in response to another's transgression of law or rules
punishment
The type of officer who perceives the role as one of enforcer, enforces every rule, and goes "by the book
punitive law enforcer
_____________ occurs when a police officer makes a stop based entirely on race or ethnicity.
racial profiling
basing a decision solely on the race/ethnicity of the other party (i.e. to stop and question or to conduct a traffic stop)
racial profiling
__________-choice theories of crime argue that criminals choose to commit crime based on rationally weighing the opportunities and risks.
rational
Sykes's term denoting the situation in which officers become indebted to inmates and return favors
reciprocity
paper-and-pencil tests that measure an individuals ability to recognize and/or agree with moral terms
recognition tests
rewards
reinforcement
reintegrative shamingBraithwaite's idea that certain types of punishment can lead to a reduction of recidivism if they do not involve banishment and they induce healthy shame in the individual
reintegrative shaming
Don has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Smith home, causing damage to the sliding door in the process. He stole approximately $400 worth of items, and was caught trying to sell stolen items at a pawnshop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs. Assume that Don accepted the judge's offer to enter into a mediation process, where he and the family he stole from arrived at a mutual solution. As a result, Don will provide $400 worth of yard work and is responsible for getting the door repaired. This sentence is consistent with the idea of:
restorative justice
What term is used to describe programs that seek to move compensation back to center stage in the justice system, instead of retribution?
restorative justice
an approach to corrective justice that focuses on meeting the needs of all concerned
restorative justice
A rationale for punishment that states that punishment is an end in itself and should be balanced to the harm caused
retribution
Don has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Smith home, causing damage to the sliding door in the process. He stole approximately $400 worth of items, and was caught trying to sell stolen items at a pawnshop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs. Assume that the judge sentenced Don to a straight jail term. She believes simply that Don has caused harm and should be punished for it. This sentence is consistent with the idea of:
retributive justice
The concept of __________ is primarily one of balance
retributive justice
the component of justice that concerns the determination and methods of punishment
retributive justice
the proposition that the officer alone is deviant and that it was simply a mistake to hire him or her
rotten-apple argument
the type of utilitarianism that determines the goodness of an action by measuring the utility of that action when it is made into a rule for behavior.
rule utilitarianism
ancient right based on church power; allowed a person to respite from punishment if he or she was within the confines of church grounds
sanctuary
individuals' feelings of competence and confidence in their own abilities and power, developed by comparing self to others
self efficacy
A panel of people, selected by the defense attorney to represent the actual jury, who sits through the trial and provides feedback to the attorney on the evidence presented during the trial is referred to as which of the following?
shadow jury
a panel of people selected by the defense attorney to represent the actual jury; sits through the trial and provides feedback to the attorney on the evidence presented during the trial
shadow jury
the philosophical position that although there are a few universal truths, different situations call for different responses; therefore, some action can be right or wrong depending on situational factors
situational ethics
the concept developed by Hobbes, Rousseau, and Locke in which the state of nature is a "war of all against all" and, thus individuals give up their liberty to aggress against others in return for their safety
social contract
The effect of punishment whereby the offender feels cast aside and abandoned by the community
stigmatizing shaming
The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source
strict constructionists
concerns with deserts- in other words, the appropriate amount of punishment for a crime
substantive justice
While duties are what you are expected to do, ______________ are commendable but not required actions.
supererogatories
actions that are commendable but not required in order for a person to be considered moral
supererogatories
an ethical system that is concerned with the consequences or ends of an action
teleological ethical system
What type of search allows a police officer to conduct a pat down search of the outer clothing for weapons?
terry search
Imperfect duties are general duties that should be upheld but do not have a specific application as to when or how
true
Kohlberg's initial work excluded females
true
Moral judgments must involve an actual act, not just a thought or belief.
true
Sentencing legislation that imposes extremely long sentences for repeat offenders—in this case, after three prior felonies
three-strikes laws
Anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior patterns
treatment
The idea that all criminal acts are symptoms of an underlying pathology
treatment ethic
A man makes a donation to charity for the purpose of looking good to his friends. A deontological review of this action would find it immoral
true
An employee who reveals unethical behavior in an organization is known as a whistleblower
true
Civil disobedience seeks to break the law
true
Egoism is usually the only ethical system that can justify the behavior of one performing an illegal or harmful act
true
Exploring with one's heart as well as one's mind is known as "wholesight."
true
Giving someone a car because they need it is a good act according to ethical formalism, even if he later dies in a crash because the brakes failed
true
Impartiality refers to fair and equal treatment for all, without discrimination or bias
true
Socrates believed that ignorance leads to bad behavior because if one were rational and wise, he or she would know what virtue was and behave accordingly
true
Some actions might be considered "good" but are not demanded by justice
true
The idea of critical thinking is to be more cognizant of facts as opposed to concepts, assumptions
true
The most commonly utilized ethical systems are religion and utilitarianism
true
The origin of the word "justice" is a Greek word that was associated with stability
true
The primary distinction between ethical issues and ethical dilemmas is that issues are broad and dilemmas are specific.
true
The process of dehumanization involves a stripping away of sympathy
true
Under the ethics of virtue philosophy, it is possible to have an excess of honor, truth, or shame
true
Utilitarianism is a teleological ethical system
true
Values cam be defined as elements of desirability, worth, or importance
true
Victor and Cullen determined that there can be differences in ethical climates within an organization
true
a 22-year study of New York City police officers found only 2 percent were terminated for misconduct
true
a judge may grant permission to withdraw when the client insists on illegal or unethical actions
true
accepting a free coffee from a storeowner can be a form of corruption
true
attorneys can reveal the confidences of their clients in order to defend themselves
true
ethical defense does not allow the defense attorney to question the credibility of prosecution witnesses
true
if a public defender is not available, the judge can appoint a local private attorney to represent the defendant
true
if the defense attorney is not sure that the client would be committing perjury, there is no legal duty to disclose his concerns
true
in macintyre and prenzler's study of whether police officers would issue a ticket to a business owner who gave them gratuities, less than half said they would issue the ticket.
true
it is difficult for a lawyer to withdraw from representing a client
true
judges have discretion in appointing guardian ad litem or indigent cases to attorneys
true
laws can be seen as a tool of behavior change
true
lawyers who perceive themselves as moral agents may refuse to pursue a client's wish to pursue a particular legal tactic if they didn't believe in it
true
one of the most cited reasons for false convictions is ineffective counsel
true
positivist law refers to laws made by human beings
true
research indicates that the role adopted by lawyers (either legal agent or moral agent) depends partially on whom they represent
true
strict constructionists believe that rights only exist if they are specifically enumerated in the constitution
true
the brown v kentucky decision prohibited the use of race as a reason for dismissing potential jurors
true
the conflict paradigm states that law is not value-neutral; it is bent toward the interests of the powerful
true
the most common charge leveled against prosecutors are brady violations
true
the pluralist paradigm says the definition of crime may change, depending on which interest groups are in power
true
there is no evidence to indicate that police behavior is influenced by the possibility of civil lawsuits
true
What concept encompasses honesty and meeting one's obligations?
trustworthiness
An electrical device attached to the genitals of inmates that delivered severe shocks as a form of torture; formerly used at an Arkansas prison farm
tucker telephone
"Lessons" taught to inmates by Texas prison guards that involved verbal humiliation, profanity, shoves, kicks, and head and body slaps
tune ups
Deterrence is the central theme of what theory of corrective justice?
utilitarian
the type of justice that looks to the greatest good for all as the end
utilitarian justice
the concept that all decisions should be made according to what is best for the greatest number
utilitarian principle
Don has been convicted of burglary, theft, possession of drug paraphernalia, and destruction of private property. This was the result of an incident where he broke into the Smith home, causing damage to the sliding door in the process. He stole approximately $400 worth of items, and was caught trying to sell stolen items at a pawnshop. He explained that he was a heroin addict and was stealing in order to be able to buy drugs. Assume that Don was given a sentence that included probation with the condition of drug treatment. The judge is of the opinion that if Don can break his addiction, then he will not need to return to crime. If the judge's intention is to help Don, we could say her decision is based on the ethics of care. If her purpose was to rehabilitate Don so that the community would benefit by removing his need to commit crimes, this would be consistent with the idea of:
utilitarianism
the ethical system that claims that the greatest good is that which results in the greatest happiness for the greatest number; major proponents are Bentham and Mill
utilitarianism
judgements of desirability, worth, or importance
values
rawls idea that people will develop fair principles of distribution only if they are ignorant of their position in society, so to get objective judgements, the decision maker must now know how the decision would affect him or her
veil of ignorance
What type of mediation involves victims and offenders meeting and agreeing upon restitution?
victim-offender
the model of justice in which the largest portion of criminal cases forms the bottom layers of the cake and the few "serious" cases form the top layer; the bottom layer cases get minimal due process
wedding-cake illustration
The type of officer who perceives the role as one of counselor to the offender and who helps to effect rehabilitative change
welfare/ therapeutic worker
