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.

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

penology_mar_2012_resit_mod12338.pdf

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