Concept of a torture warrant


Assignment:

Indicate whether the statement is true or false.

1. Research indicates that police officers who use greater than average amounts of force often exhibit a lack of empathy and antisocial tendencies.

a. True
b. False

2. The idea of critical thinking is to be more cognizant of facts as opposed to concepts, assumptions.

a. True
b. False

3. The Supreme Court based its rulings on the rationale that Guantanamo is considered to be a legal territory of the United States and therefore is subject to U.S. law.

a. True
b. False

4. Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.

a. True
b. False

5. Exploring with one's heart as well as one's mind is known as "wholesight."

a. True
b. False

Indicate the answer choice that best completes the statement or answers the question.

6. Meat eaters are more _______ than grass eaters.

a. corrupt
b. deviant
c. active
d. passive

7. The volunteers accept the instructions of their leader and intend to carry out the mission. They have no ethical reservations, as they have been trained to follow orders. Which method of cognitive restructuring are the volunteers employing?

a. Dehumanization
b. Cognitive dissonance
c. Advantageous comparison
d. Displacement of responsibility

8. What brain processes might be influenced by stress and cause workers to act immorally?

a. Memory
b. Perception
c. Communication
d. Rationality

You are a colonel in the U.S. Army, responsible for running an Afghanistan prison that houses captured Taliban and al-Qaeda soldiers.

9. A newly captured soldier is found to be in possession of documents that indicate an imminent operation targeting American soldiers. Traditional interrogation of the soldier has not yielded any results, and you are concerned that lives will be lost if the captive soldier cannot be made to reveal what he knows about the imminent attack. Believing that time is running out, you consider authorizing the use of brutality in order to hopefully extract the information before lives are lost. Your dilemma is known as:

a. the principle of double effect.
b. the Dirty Harry problem.
c. "just means."
d. the Jack Bauer solution.

10. The authority of religious ethics, in particular such as those of Judeo-Christian ethics, stems from a God that is:

a. present in nature.
b. never questioned.
c. willful and rational.
d. a reflection of each individual.

11. The concept of a "torture warrant" is most closely associated with the work of:

a. Jethro Eisenstein.
b. George McCready.
c. Alan Dershowitz.
d. Hugo Grotius.

12. The concept that allows for an unintended bad consequence as long as the means and end are good is called the:

a. principle of double effect.
b. ends-means theory.
c. positive effect principle.
d. intention-result corollary.

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is over-reaching and is too restrictive of personal freedom.

13. The ethical system that justifies passing a law for the purpose of protecting people from harm is:

a. ethical formalism.
b. ethics of care.
c. legal moralism.
d. utilitarianism.

14. Which Supreme Court case is the current basis for evaluation of entrapment?

a. Sorrells v. United States
b. United States v. Russell
c. United States v. Black
d. United States v. Martinez-Fuerte

15. Legal paternalism refers to:

a. laws that protect children against their parents.
b. laws that protect societal morals.
c. laws that protect individual from hurting themselves.
d. laws that guarantee the rights of the father.

16. What was the "Tucker Telephone?"

a. An informal communication system between prisoners.
b. The nickname for the phone that granted death row pardons in the Arkansas prison system.
c. An electrical device that tortured the genitals of inmates.
d. A phone inside the warden's office, which could be used to make outside calls for prisoners on good behavior.

Officer Smith is patrolling a city park at night. He comes across a man and woman kissing in a parked car, and tells them that it is not legal to be in the park after dark and that they need to move along. Later, he comes across two men in a parked car. Instead of telling them to move on, Officer Smith writes a citation for the driver.

17. By allowing his personal views to result in unequal treatment of members of the public, Officer Smith is in violation of his ___________________.

a. professional ethics
b. normative ethics
c. supererogative duty
d. imperfect duty

You are a judge seeking re-election to the county court.

18. The Supreme Court case that decided the issue described in the above question was:

a. Brady v. Maryland.
b. Batson v. Kentucky.
c. Minnesota v. White.
d. District Attorney v. Osborne.

19. All of the following statements are included in dilemmas of criminal justice professionals EXCEPT:

a. a prosecutor's decision on whether and what to charge.
b. a defense attorney's decision to take a case or not.
c. a probation officer's decision on whether to file a violation report on a probationer.
d. requiring mandatory DNA collection for all misdemeanant arrestees.

Larry'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 Larry. Another neighbor tore away the screening around Larry's porch so that his dog could run to safety.

20. As opposed to the neighbor, the firefighters who attempted to save Larry were performing a(n) ___________________.

a. duty
b. discretionary act
c. imperfect duty
d. supererogatory act

You are an inmate at a state prison. The facility does not provide air conditioning in the cells and you find this to be unreasonable, considering the summers have been unusually hot.

21. Despite the discouragement, you proceed with your lawsuit anyway. Your position is that the law requires the institution to prove that a ________________ exists between prison policies or procedures and the correctional goal of safety and security.

a. "rational relationship"
b. "clear correlation"
c. "legal connection"
d. "contractual obligation"

Larry'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 Larry. Another neighbor tore away the screening around Larry's porch so that his dog could run to safety.

22. 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 the dog. These conflicting beliefs constituted a(n) _______________.

a. "contradiction of values"
b. supererogatory duty
c. ethical dilemma
d. legal contradiction

23. The use of facts and objective reasoning to most effectively reach a decision or understand a problem is known as ________________.

a. qualitative analysis
b. discretion
c. ethical balance
d. critical thinking

George 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 carnival and in the parking lot, they are confronted by an armed robber. The robber has a knife and threatens to harm one of George's kids if he does not hand over his wallet.

24. A teleological response to the situation would require George to:

a. remain passive, regardless of the consequences.
b. pray for guidance.
c. fight hard against the robber, regardless of the injury he might inflict.
d. only be concerned with protecting himself.

25. What Supreme Court case linked release from prison to inadequate medical care?

a. Hudson v. McMillian
b. Brown v. Plata
c. Madrid v. Gomez
d. Washington v. Harper.

26. Which is not considered a moral virtue?

a. Thriftiness
b. Industriousness
c. Love
d. Honesty

You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to.

27. The crime lab examiner who matched the fingerprints to the defendant is an important witness. The fingerprints represent a significant part of your case. According to the "Daubert standard," you will be required to

a. demonstrate that the witness utilized reliable scientific methods.
b. show that the expert witness personally supervised the collection of the fingerprints at the scene.
c. certify that the witness is not being paid or compensated in any way for his testimony.
d. obtain the defense's agreement to allow him to utilize visual aids as part of his testimony.

Mary owns her own consulting business. Among her employees are: Sue-the receptionist and a single mother of three Joe-the web designer and marketing manager, single, has an MBA Alan-a married salesman who makes few sales and cares for an elderly parent Carla-an unmarried
salesperson who makes the majority of the company's sales.

28. Assume that Mary agrees with Marxist theories. Which of the following would you expect?

a. Carla would be the highest-paid employee because of the business she brings in.
b. Alan and Sue would be paid more than their work seems to deserve, due to their family needs.
c. Mary would divide the company's profits equally among all employees.
d. Mary would expect the government to tell her how to pay the employees.

29. According to the text, which of the following statements about judicial misconduct is false?

a. Public exposés of judicial misconduct are fairly rare.
b. There is a concern that judges and lawyers play to the camera when these are permitted in court.
c. In general, judges who are primarily concerned with their public image may make biased decisions.
d. Attorneys often file complaints against judges when misconduct is suspected

George 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 carnival and in the parking lot, they are confronted by an armed robber. The robber has a knife and threatens to harm one of George's kids if he does not hand over his wallet.

30. George has always professed non-violence, but in this instance, he fights the robber to protect his child. Technically, by fighting, he is violating his moral belief that one should be non-violent. His decision to fight in this instance is an example of:

a. absolutism.
b. universality.
c. egoism.
d. situational ethics.

31. Which theory of distributive justice specifically emphasizes entitlement over need?

a. Libertarian
b. Utilitarian
c. Egalitarian
d. Marxist

32. Bentham theorized that people rationally choose their behaviors by weighing the pleasure or benefit of their actions against the potential pain or cost. This process is known as:

a. the veil of ignorance.
b. the avoidance principle.
c. ethical formalism.
d. hedonistic calculus.

33. Modeling and reinforcement are both elements of:

a. learning theory.
b. Kohlberg's moral stages theory.
c. ethical fading.
d. moral disengagement theory.

You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your rounds to count heads, one of the inmates asks you if you'd bring him a piece of dental floss. He says he has an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to pose any problem. According to prison
rules, dental floss may only be used in the shower area, under observation. It is apparent to you that the inmate is in discomfort, and you know this inmate to be well-behaved.

34. To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to provide the dental floss because you believe it will alleviate the inmate's suffering, even though it means breaking the rules, which ethical system would this illustrate?

a. Ethical formalism
b. Utilitarianism
c. Ethics of care
d. Teleological ethics

35. In the case of Clark v. Martinez, the U.S. Supreme Court held that the government may not indefinitely detain ____________without some due process.

a. illegal immigrants
b. terrorists
c. children
d. refugees

36. An approach to the Constitution that uses a looser reading of the document is called

a. the strict constructionist philosophy.
b. the interpretationist philosophy.
c. the libertarian philosophy.
d. the federalist philosophy.

37. Which of the following is cited as a theme of police subculture?

a. Priority of the social service aspect of law enforcement
b. The crime of POPO ("pissing off a police officer")
c. Compassion for the victims of crimes
d. Idealism

38. Which of the following is not part of an ethical system as described by Baelz?

a. They are prescriptive.
b. They are authoritative.
c. They are universal.
d. They are self-serving.

39. According to Souryal's typology, which type of probation and parole officers may violate professional ethics by not performing duties associated with the role?

a. Punitive law enforcer
b. Bureaucratic paper pusher
c. Welfare/therapeutic practitioner
d. Passive time server

40. Boss described unjust laws as having several characteristics. Which of the following is not one of these characteristics?

a. They are degrading to humans.
b. They are discriminatory against certain groups.
c. They are universal.
d. They are unjustly applied.

41. The attorney-client privilege relationship is legally comparable to the relationship between:

a. brother and sister.
b. husband and husband.
c. teacher and student.
d. boss and employee.

42. In his noteworthy dissent for In re Troy Anthony Davis, Justice Scalia argued

a. the disproportionate execution of minorities should be considered a violation of due process.
b. the Constitution does not forbid the execution of the innocent.
c. the death penalty should be considered cruel and unusual punishment.
d. for "equitable tolling" in the extension of a habeas corpus petition.

43. Most behaviors that might be judged as ethical or unethical for criminal justice professionals fall into four major categories. Which of the following is not one of these four categories?

a. Theft
b. Malfeasance
c. Harassment
d. Off-duty drug use

Mary is a newly hired police officer. One day, she observes two fellow officers removing drugs from the evidence room. Mary's values include a devotion to loyalty, so she is inclined to protect her fellow officers. At the same time, she also believes in upholding the law.

44. Mary's situation is an example of:

a. an ethical dilemma.
b. cultural relativism.
c. universality.
d. Aristotle's "golden mean."

45. Which of the following is a main difference between probation officers and parole officers?

a. Parole officers carry weapons, for which they must be trained.
b. Parole officers supervise less-dangerous offenders than probation officers.
c. Parole officers generally supervise an older population.
d. Parole officers are more service-oriented.

You are a rookie correctional officer at a state prison. The day is coming to an end and the inmates are in their cells. As you make your rounds to count heads, one of the inmates asks you if you'd bring him a piece of dental floss. He says he has an uncooked grain of rice from dinner stuck in his back teeth and it is very painful. He only needs a small piece, surely not enough to pose any problem. According to prison rules, dental floss may only be used in the shower area, under observation. It is apparent to you that the inmate is in discomfort, and you know this inmate to be well-behaved.

46. To decide how you will act, you consider the ethical systems that might apply to the situation. If you decide to refuse the inmate's request because you believe your duty to your job requires you to follow the rules completely, which ethical system would this illustrate?

a. Ethical formalism
b. Utilitarianism
c. Ethics of care
d. Teleological ethics

47. The last case of the day involves a 16-year-old high school dropout who was convicted of auto theft. He had no prior record and says that he dropped out of high school to help his family but has not been able to find work. You are convinced that he only stole the car out of economic need. You hand down a sentence consisting of probation, with a condition of attending job training. Your goal is to help the offender improve his chances at landing a job, which should help keep him away from crime. This decision reflects the ________________ ethic.

a. just deserts
b. expiation
c. treatment
d. social contract

48. Ignoring a rule violation would meet Souryal's definition of:

a. misfeasance.
b. malfeasance.
c. nonfeasance.
d. antifeasance.

49. Which of the following is not an exception to the confidentiality rule for defense attorneys?

a. Prevention of future crime of imminent death or grievous bodily harm
b. Client consent
c. Court order
d. Knowledge of evidence of a murder that has taken place

50. A shadow jury is a:

a. panel of people selected by the press that observes the trial and provides feedback to the press.
b. panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney.
c. panel of people selected by the prosecutor that observes the trial and provides feedback to the prosecutor.
d. panel of people selected by the judge that observes the trial and provides feedback to the judge.

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