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Miscellaneous
Crimes and Sentencing
Theories of Punishment
Effective Punishment
The New Jim Crow
100
"Cruel and unusual punishment" clause come from this amendment
What is the 8th amendment?
100
This is the definition of "Actus Reus".
What is a conscious, volitional bodily movement
100
The basis of criminalization
Harm
100
This is a difficulty legislatures must account for when trying to increase enforcement of criminal laws.
Costs
100
The name of the author of The New Jim Crow and one fact about her professional life
Michelle Alexander is an accomplished civil rights lawyer, advocate, and legal scholar. Alexander is a graduate of Vanderbilt University and Stanford Law School, and has clerked for Justice Harry Blackmun of the United States Supreme Court. She has served as an associate professor of law at Stanford Law School prior to her joint appointment at the Kirwin Institute for the Study of Race and Ethnicity and the Moritz College of Law at The Ohio State University. Alexander has worked in civil rights litigation in the private and public sector, and served as director of the Racial Justice Project for the ACLU of Northern California, where she led a national campaign against racial profiling. Currently, she devotes her time to the movement to end mass incarceration. The New Jim Crow is her first book.
200
The math that a rational criminal will make when determining whether to commit a crime
Net Utility of Non-Conformity vs Perceived Likelihood of Enforcement * Perceived Net Utility of Punishment
200
The goal(s) of the federal sentencing guidelines
increase consistency and predictability
200
What are two weaknesses of Utilitarian Theory and two weaknesses of Retributive Theory?
(Many Possible Answers)
200
What is the first maxim of effective deterrence?
The relationship between benefit of committing a crime and the punishment for that crime must be highly correlated in degree
200
This president first announced the "War on Drugs"
Who is Richard Nixon?
300
Explain how heroin may be a Giffen good
Giffen Good- QD^ as Price ^ Increasing the penalty for heroin may increase the occurrence of that crime. People substitute heroin for happiness, so by exacerbating their financial situation they need more heroin to account for that lack of happiness.
300
This theory of punishment is what the federal justice system attempts to further in its sentencing guidelines?
What is a mixed theory: rehabilitation, deterrence, incapacitation, and retribution
300
The four components of mischief under the utilitarian theory of punishment
What are the original, derivative, alarm, and danger
300
If X and Y cause the same amount and type of harm, and Y is something that is protected by the Bill of Rights, what does this mean for the criminalization of X?
It is an argument against the criminalization of X.
300
The three systems of racial caste identified by Michelle Alexander
What are slavery, Jim Crow, and mass incarceration?
400
The reason that the video featuring the director of the FBI spliced with Hilary Clinton regarding the email scandal is misleading.
FBI director said the emails “have been” deemed to be classified. It is not past tense. Did not say 150 emails were considered classified at time of being sent Hillary's quotes: past tense
400
The three types of plea bargaining
What is sentence bargaining, charge bargaining, and hybrid bargaining
400
According to Mill, the reason why people will have varying responses to the question "what is justice"
People have varying notions/viewpoints of utility
400
According to Kant, this is a give-and-take relationship where members of civil society give up natural rights in return for benefits of rule and order.
What is the social contract?
400
Alexander's title for the phenomenon that it is perfectly legal to discriminate against criminals today in nearly all the ways that it was once legal to discriminate against African Americans.
What is the “rebirth of caste”?
500
This was the ruling of the Court in Robinson v. California (you must be precise)
The interpretation by California Courts of the California Law that allowed for someone to be convicted for being addicted to the use of narcotics, without requiring proof of an act being committed in the state of CA, violated the cruel and unusual punishment clause.
500
Name 3 aggravating or mitigating factors that can cause someone's sentence to go up or down (under the federal sentencing guidelines)
*varies*
500
The three forms of the utilitarian theory of punishment
What are deterrence, incapacitation, and rehabilitation
500
John is deciding whether or not he should pay $10 for a movie ticket to see Transformers 20. John will aggregate all of the perceived benefits of buying the ticket which may include, among others: (1) Some level of pleasure or value derived from the entertainment of the movie; (2) some level of pleasure or value derived from a shared experience with his friends; (3) having a legitimate excuse to avoid the party John’s parents wish him to attend with their friends. John will also aggregate all of the perceived costs, which may include, among others: (1) The loss of $10; (2) the loss of approximately two hours of time which could have been used for other purposes; (3) the shame of supporting Michael Bay. John arrives at the following values: benefits: (1) + 10 units of utility (utils), (2) +20 utils, (3) +10 utils. Costs: (1) -10 utils ,(2) – 15 utils, and (3) -10 utils Will John choose to see the movie?
Yes, the final expected value for John in seeing the movie is positive (40 utils – 35 utils = 5 utils).
500
Between 1980 and today, the number of people in prison or jail has gone up by this percentage.
What is 1,100%?