penology_mar_2012_resit_mod12338.pdf
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EXAMINATION PAPER
MODULE TITLE: Penology ‐ Resit
CRN: 12338
COURSE(S): BA (Hons) Criminology, BA (Hons) Criminology & Sociology,
BA (Hons) Criminology & Psychology
DATE OF EXAMINATION: Thursday 29th
March 2012
START TIME: 10:00
FINISH TIME: 12:00
READING TIME:
None
DURATION: 1 ½ Hours
EXAMINER(S): Don Crewe
Notes for candidates:
Include here for example any permitted reference materials, the number of questions to be
answered and any special instructions re: examination stationery such as EDPAC answer
sheets.
1. Do not turn over the question paper until told to do so.
2. Answer all questions.
3. All answers must be written on the question paper.
4. For multiple‐choice answers, you should place a ring around the number next to
the answer you think is right.
5. Wrong answers do not attract a negative mark.
6. Answers with more than one possibility ringed will not achieve a mark. You are
therefore advised to answer the paper carefully in pencil before erasing your pencil
marks and marking your answers in ink.
7. Each question carries the same number of marks.
Page 1 of 9
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1. What is the current prison population for England and Wales within 5,000?
_________________________________________
2.
Which one of the following is NOT a condition for an act to be considered
punishment?
a. The reason for punishment is such as to offer a justification for
punishment.
b. The person punished must have taken a voluntary part in the infraction of
the law.
c. Those who order it are regarded as having the right in that circumstance,
to do so.
d. The act claiming to be punishment must have good outcomes.
e. It is the belief of the person who orders the punishment and not the belief
of the
punished
that
settles
whether
or
not
an
act
constitutes
punishment.
3. For Immanuel Kant, Utilitarian justifications fail for which one of the following
reasons?
a. Utilitarian justifications have bad consequences
b. Utilitarian justifications use people as means rather than ends in
themselves
c. Utilitarian justifications give rise to good consequences
d. Utilitarian justifications do not treat people as equals
e. Utilitarian justifications do not serve to justify punishment but merely its
consequences
4. Retributivists frequently speak of equivalence in punishment, when they do this they
mean one of the following. Which one is it?
a. All punishments are equal
b. All people are treated as equals
c. Punishments should be proportionate to the offence
d. Punishments should be proportionate to the suffering of the victim
e. The crimes of the rich are not equivalent to the crimes of the poor
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5. ‘The Negative Principle’ states which of one of the following?
a. Innocent people should not be punished
b. Innocent people should be punished if the consequences of so doing are
good
c.
Innocent relatives
of
guilty
people
also
suffer
when
we
punish
the
guilty
d. We should not punish when it gives rise to negative consequences
e. The negative value of a punishment should be positive in its consequences
6. The term ‘commensurability’ refers to which one of the following?
a. The degree to which a sentence is proportional to an offender’s capacity to
pay.
b. The degree to which a sentence is proportional to the offence
c. The idea that the death penalty is commensurate with duty
d.
The idea
that
punishment
is
commensurate
with
doing
justice
e. The idea that sentencing is commensurate with consequentialist theory
7. Which one of the following most accurately represents the belief of
consequentialists?
a. Punishment is inherently good
b. Punishment should have only good consequences
c. Punishment always has good consequences
d. Punishment is inherently bad
e.
Punishment always
has
bad
consequences
8. Consequentialism as a justification for punishment has a significant flaw in that,
according to Ted Honderich, all varieties of the justification –
a. Fail to punish harshly enough
b. Permit too much punishment
c. Permit the punishment of innocent people
d. Fail to permit the death penalty
e. Fail to say what punishment is for
9. Utilitarians like Jeremy Bentham believed which one of the following
a. The greatest good for a justice system was to punish as many people as
possible
b. The greatest good for society was to provide the greatest amount of
happiness for the greatest number of people
c. The greatest good for a justice system was to punish as few people as
possible
d. The death penalty is never justified
e.
The
death
penalty
is
always
justified
for
murder
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10. Indeterminate sentences are criticized by retributivists on which one of the following
grounds?
a. They are too soft
b. They are too harsh
c.
They do
not
accord
with
desert
d. They are not justifiable
e. They are wrong in the last resort
11. The problem of ‘false positives’ reveals the impossibility of the accurate assessment
of the efficacy of indeterminate sentences. Which one of the following reasons explains
why this is so?
a. Only some offenders are caught
b. Only some re‐offenders are caught
c.
The offender
who
is
incarcerated
is
in
jail
and
therefore
unable
to
prove
that he would not offend in the future
d. If the prisoner were to be released he might commit murder
e. Some people are wrongfully convicted
12. Consequentialists justify punishment in terms of its consequences. That is, that
punishment is justified because it deters, or because offenders will be rehabilitated, for
example. Which one of the following conditions, given by Nigel Walker, for an act to
qualify as punishment is contravened by so thinking?
a.
The reason
for
punishment
and
its
justification
must
be
the
same
b. The person punished must have taken a voluntary part in the infraction of
the law.
c. Those who order it are regarded as having the right in that circumstance,
to do so.
d. The infliction is intentional and done for a reason
e. It is the belief of the person who orders the punishment and not the belief
of the punished that settles whether or not an act constitutes punishment.
13. The Criminal Justice act of 2003 in section 142 states that previous offences should
aggravate the
seriousness
of
the
current
offence.
This
transgresses
which
rule
of
strict
retributivism?
a. Parsimony
b. Proportionality
c. Punitiveness
d. Duty
e. Retribution
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14. Further provision in the act for ‘extended sentences’ to protect the public, appears
to appeal to which form(s) of justification?
a. Retributivism
b. Consequentialism
c.
Retributivism and
Consequentialism
d. None of the above
15. According to Durkheim, punishment is expressive of which of the following?
a. The conscience collective
b. Solidarity
c. Anomie
d. The division of labour
e. Alienation
16. According to Elias, changes in practices of punishment are expressive of which one of
the following?
a. The development of the super ego
b. The development of western civilization (the arts etc.)
c. Prison privatization
d. The development of the ego
e. The development of the id
17.
According to
Rusche
and
Kirchheimer
differing
forms
of
punishment
could
be
linked
to which one of the following?
a. Technological development
b. The industrial revolution
c. Poverty
d. Unemployment
e. The mode of economic production
18. Which one of the following writers showed a link between levels of unemployment
and the
harshness
of
punishment?
a. Marx
b. Engels
c. Foucault
d. Box
e. Simon
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19. According to Rushe and Kircheimer our belief that punishment is primarily directed
at criminals is an example of which one of the following?
a. False consciousness
b. False rationalization
c.
False belief
d. Class conflict
e. The penal fallacy
20. The process that cleared common land of peasants in the 18th
century and which
was enforced by the introduction of over 200 new offences commanding the death
penalty was known as which one of the following?
a. The Bloody Acts
b. The Bloody Code
c.
The Hanging
Code
d. The Hanging Acts
e. The Black Code
21. Following the riots at HMP Manchester (Strangeways), Glen Parva, Dartmoor, Cardif,
Bristol, and Pucklechurch in 1990 an important report was produced on the state of
prisons in England and Wales. This is known as which one of the following?
a. The Gladstone Report
b. The Strangeways Report
c.
The Woolf
Report
d. The May Report
e. The Home Office Report
22. It has been suggested by several writers that the state has moved from being a
provider of prison services to a commissioner or purchaser of privatized services. This is
known as New Public Managerialism. Which one of the following is NOT a criticism of
NPM?
a. Profit is an additional cost which must be borne by the taxpayer or prison
officer or through reduction in standards.
b.
NPM simply
measures
economic
outputs,
rather
than
meeting
social
or
human objectives.
c. NPM is rooted in neo‐liberal political economy that privileges profit over
service.
d. Private prisons are more difficult to put right when they go wrong.
e. NPM separates government from its responsibilities to the public, prison
officers, and to convicted offenders.
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23. If we exclude the ‘dark figure’ of crime, which, axiomatically, no one can know
about, what percentage of all crimes committed result in a custodial sentence?
a. 30%
b. 3%
c.
0.3%
d. 60%
e. 50%
24. Which one of the following is NOT a reason for the increase in prison populations?
a. Longer prison sentences
b. Shorter prison sentences
c. Increase in the crime rate
d. Increasing risk aversion on the part of parole boards
e.
Increasing use
of
custody
as
a sentence
25. How many prisoners in England and Wales committed suicide in prison in 2009?
a. 10
b. 20
c. 30
d. 50
e. 60
26.
Which one
of
the
following
is
NOT
a role
of
the
National
Probation
Service?
a. To provide pre‐sentence reports to the courts
b. To supervise offenders in the community
c. To manage offender programmes and to reduce offending
d. Safeguard the welfare of children
e. Punish offenders
27. Writer Charles Murray has called for an increase in the prison population of England
and Wales to a level approaching 250,000, because, he says, prison works. Which of the
following is
NOT
a criticism
of
Murray’s
position?
a. His analysis is simplistic and does not meet normal scholarly standards.
b. The ‘Crime Rate’ is a social construction and cannot be used reliably to
assess levels of offending.
c. The supposed relationship between offending rates and imprisonment
rates has not been established anywhere in the world.
d. Murray’s figure for an effective prison population is too low.
e. Prison causes more problems than it solves.
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28. Which one of the following propositions would abolitionists NOT believe?
a. Criminal justice system’s claims to have positive consequences is shown to
be false when we recognize that only a tiny proportion of crime is detected
or punished. The public is not protected in any meaningful way.
b.
Punishment is
seen
as
self
replicating
violence
c. The social conditions for recidivism are reproduced by punishment
d. Policy is made by reference to the exceptional act – this ignores the social
conditions for the emergence of most crime.
e. For punishment to be effective the whole community must be involved
29. Which one of the following DO abolitionists tend to believe?
a. Prison populations reflect the wrong types of crimes
b. Prison populations have been shown to bear little relationship to the level
or type
of
offending
in
a jurisdiction.
c. Punishment should be reserved only for violent crimes
d. For punishment to be good it must have good consequences
e. Punishment can only work if it is soft
30. Which one of the following do abolitionists also believe?
a. Prison populations are a direct product of demand from the tabloid media
b. Incarceration levels are a product of political decisions
c. Private prisons generate less profit
d.
State prisons
are
too
expensive
e. The level of punishment should be decided by the offender
31. Which one of the following do abolitionists also believe?
a. The state should be abolished
b. The market should be abolished
c. The idea of crime should be abolished
d. Courts should be abolished
e. The police should be abolished
32.
Fitzgerald and
Sim
have
claimed
that
prisons
lock
up
not
the
most
harmful
but
the
most powerless. This leaves them with a crisis of which one of the following?
a. Legitimacy
b. Legality
c. Overcrowding
d. Morality
e. Equality
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33. Rene van Swaaningen has argued that prisons are profoundly immoral for several
reasons. Which of the following is NOT one of them?
a. The label prisoner is dehumanizing
b. The pains of imprisonment are threats to human dignity and respect
c.
The structure
of
prison
life
is
predicated
on
violence
and
legalized
terror
d. Prisons too harsh
e. Prisons dehabilitate people