Criminal Justice Ethics Theory And

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Chapter 10 Test Bank

MULTIPLE CHOICE

1. Decisions to wage war under the just war doctrine require that the justice of opting for
war is determined by whether a proposed war satisfies a number of criteria, including the
following: (p. 286)
a. It is properly authorized
b. It is a last resort
c. It is motivated by right intention
d. All of the above*

2. is problematic to define and has a number of official and legal definitions. (p.
286)
a. Murder
b. Rape
c. Terrorism*
d. Treason

3. Unlike criminals, terrorists have: (p. 287)

a. Rigorous training
b. Political motivations*
c. Psychiatric problems
d. A higher recidivism rate

4. Which of the following are associated with terrorism: (p. 287)

a. Irrationality
b. Judgment
c. Fanaticism
d. Both a and c*

5. Many definitions of “terrorism” exclude “state terrorism.” State terrorism is terrorism:

a. Against a state in the United States. (p. 288)
b. Committed by government, sometimes against its own people.*
c. By one part of government against another part of the same government.
d. By the military against a civilian government.

6. Rather than view terrorism as a war or national security problem, some authors suggest
that we might better view terrorism as a: (p. 288)
a. Religious conflict.
b. Political conflict.
c. Criminal justice or law enforcement matter.*
d. problem or resource distribution

7. Which of the following are ways we differentiate a war on terrorism from regular
warfare? (p. 288)
 a. The nature of the enemy
b. The location of hostilities
c. The type of tactics employed
d. All of these*

8. Which of the following is not a command to followers or goal of Al Qaeda? (p. 289)
a. Set up an Islamist caliphate comprised of Muslims everywhere.
b. Kill U.S. citizens, civilian or military, everywhere.
c. Conquer the world and peaceably convert all to Islam.*
d. Topple Muslim governments which fail to practice true Islam.

9. Following 9/11 Congress passed the ________ Act which gave government new powers
and arguably threatened constitutional rights. (p. 290)
a. Anti-Terrorism
b. Iraq and Afghanistan Liberation
c. Patriot*
d. International Crime Control

10. What act has been described as having been “passed in response to a largely undefined
threat from a poorly understood source”? (p. 290)
a. War Against Terrorism
b. Freedom Act
c. Patriot Act*
d. 9/11 Act

11. The British have introduced intended to impede the planning of terrorist attacks
by placing restriction on suspected persons’ freedom of movement and association. (p.
291)
a. Control orders*
b. Active orders
c. Freedom orders
d. Liberation orders

12. Proponents of the____________________ approach to the war argue that prisoners

arrested following 9/11 are to be considered prisoners of war (POWs) until a competent
tribunal determines otherwise. (p. 291)
a. Bush strategy
b. Obama strategy
c. Human Rights Convention
d. Geneva convention*

13. As part of the war on terror, the U.S. government has detained individuals at _______, on
the Island of Cuba, and denied them many of the usual rights granted to criminal
suspects. (p. 291)
a. Guantanamo Bay*
b. Mariel
 c. Havana
d. the Bay of Pigs

14. Wilkinson (2001) points to several risks of adopting a war like approach. Which of the
following is not one of those risks? (p. 292)
a. Danger that military response could provoke wider conflict involving diminished
focus on relevant terrorist group in favor of broader multistate strategy
b. Danger that the death of innocent civilians will diminish international sympathy
for the victim state and shift the moral high ground away from that state
c. Danger that military action will give rise to expectation of a total failure of defeat
of terrorism*
d. Probability of death or injury of members of the civilian population given the
lethality of modern weaponry and firepower

15. Which of the following are reasons for adopting the war paradigm? (p. 292)
a. It permits the employment of warlike measures concurrently with law
enforcement measures
b. It enables the executive branch of government to exercise wide powers under the
authority of the president as commander- in- chief
c. It gives the executive the leverage to demand almost any resources in the
furtherance of winning the war
d. All of these*

16. Wilkinson’s (2001) “hard-line approach” model includes all of the following elements
except: (p. 293)
a. Government must avoid overreaction
b. Government must focus the war predominantly on creating intelligence*
c. Government must avoid underreaction
d. Intelligence agencies must be responsible to civilian authorities and be fully
accountable

17. Blum and Heymann (2010) suggest that a new paradigm that is neither warfare nor is
required because international terrorism does not easily fit within either
alternative paradigm. (p. 293)
a. Federally
b. Internationally
c. Law enforcement*
d. All of the above

18. Some advocate that terrorists through their actions have forfeited constitutional and
human rights, and that the government can follow the policy of: (p. 294)
a. The ends justify the means*
b. Two wrongs do not make a right
c. Let whatever happens happen
d. Retribution
19. Peter Manning (2006) notes a package of measures forming part of the overall
counterterrorist strategy impacting rights and freedoms, including: (p. 294)
a. New screening procedures for passengers boarding aircraft
b. Establishing a federal directorate of intelligence
c. Consolidating data gathered at immigration and customs locations
d. All of the above*

20. Much of the debate on the ethics of the war on terror has centered on how to balance: (p.
295)
a. The demands of U.S. and international law.
b. The requirements of statutes and inconsistent treaties.
c. The conflicting goals of security and punishment.
d. The need to provide security and still protect rights.*

21. Wilson (2005) sees a distinct policy between security and rights. (p. 295)
a. Impact
b. Dichotomy*
c. Problem
d. Question

22. Some argue that, both politically and morally, a government facing a terrorist threat must
avoid: (p. 296)
a. Legal restrictions, such as the Geneva Conventions
b. Establishing such categories as “enemy combatants.”
c. Appearing to be “soft” on terrorism
d. Repressive overreaction*

23. Ignatieff (2004) argued that a democracy responding to terrorism without destroying the
values for which it stands would: (p. 297)
a. Prohibit certain torture
b. Prohibit illegal detention
c. Prohibit unlawful assassination
d. All of the above*

24. National security measures must pass: (p. 297)

a. International obligations
b. Individual dignity
c. The conservative test*
d. Extrajudicial execution

25. Applying a consequentialist approach to the ethics of counterterrorist measures means

asking whether such measures: (p. 297)
a. Are consistent with international law.
b. Will render the U.S. more secure in the long run.*
c. Are consistent with constitutional rights.
d. Will require violations of basic human rights.
26. Applying a consequentialist approach to counterterrorism means: (p. 297)
a. Not worrying about the consequences
b. Asking whether there will be any consequences to our anti-terrorism policies
c. Asking whether our policies will render citizens more secure in the long term*
d. Accepting the unavoidable consequences of our policies

27. is seen by many ethicists as a key issue, and many advocate no

restrictions on rights they believe to be basic and inviolable such as the prohibition
against torture. (p. 298)
a. Liberty
b. Striking a balance*
c. Coercion
d. Democracy

28. Waldron (2010) states that is only half a reason for modifying civil liberties. (p. 298)
a. Justice
b. War
c. Fear*
d. Coercion

29. Torture is a federal crime punishable by up to years in prison. (p. 298)

a. 15
b. 20*
c. 25
d. 30

30. Another serious ethical issue is whether the U.S. should allow ______ of alleged enemy
combatants detained at Guantanamo Bay. (p. 298)
a. International rendition
b. Allegorization
c. Canonization
d. Interrogation involving torture*

31. What torture methods includes full body ducking of prisoners strapped to a board and to
pour icy water over a cloth placed over the face of a prisoner who is strapped down? (p.
299)
a. Impalement
b. Starvation
c. Waterboarding*
d. Crucifixion

32. Some believe that anti-terrorist activities that lead to operational excesses may
nevertheless be morally justified under the principle of “double effect,” meaning: (p. 301)
a. An unintended but unforeseen morally bad effect of an action can be excused if
both the action and the intended effect are morally impermissible
 b. An unintended but unforeseen morally bad effect of an action can be excused if
both the action and the intended effect are morally permissible*
c. The activities are morally permissible if they produce two effects, so long as one
is morally permissible.
d. The activities are only morally impermissible if they produce two effects, both of
which are morally impermissible

33. Famed defense attorney Alan Dershowitz has suggested that torture might be applied and
regulated through: (p. 301)
a. Torture warrants issued by the courts.*
b. Ombudsmen.
c. Administrative regulations.
d. International agreements.

34. The “ticking bomb” argument attempts to justify: (p. 302)

a. Torture during interrogation*
b. Invading foreign countries
c. Restricting rights during criminal processing of terrorist defendants
d. Accidental killing of civilian non-terrorists

35. Proponents of in relation to torture are commonly confronted with the

TBS as a counterargument. (p. 302)
a. Ethical absolutism
b. Moral absolutism*
c. Ethical pluralism
d. Cultural relativism

36. Some point to some of the issues raised by the ticking bomb argument, such as: (p. 302)
a. It suggests there is a known threat
b. There is a need for immediate action because it is certain that the bomb will
explode
c. It be essential that the person we intend to torture be the maker of the threat
d. All of the above*

37. arguments were adopted by the Landau Commission of Enquiry in Israel in 1987.
(p. 303)
a. Cosequentialist*
b. Deontologist
c. Absolutist
d. Relativist

38. Nonabsolutist would support torture in what are deemed to be “catastrophic”

situations. (p. 303)
a. Cosequentialists
b. Deontologists*
c. Absolutists
 d. Relativists

39. Brecher (2007) critiques the as a “fantasy derived from philosophers’

thought-experiments which are usually designed to test the limits of moral theory.” (p.
304)
a. Slippery slope
b. Terrorism scenario
c. Ticking bomb scenario*
d. Slippery slope scenario

40. Some oppose the “ticking time bomb” argument as a justification for torture because: (p.
304)
a. It negates the autonomy and dignity of the individual
b. It is not likely to happen as its proponents claim
c. It is not a realistic scenario
d. It is a slippery slope, which could expand its use in other circumstances*

41. Brecher (2007) suggests that the occupation of torturer would radically
reconfigure people’s conceptions of everyday decency. (p. 305)
a. Legitimizing*
b. Demonizing
c. Prohibiting
d. All of the above

42. The only legal model of torture used is in: (p. 305)
a. Iraq
b. Israel*
c. China
d. Russia

43. U.S. practice on seems to have begun with the efforts of the CIA to kill
Fidel Castro and continued into the Vietnam War with plots to assassinate the president
of South Vietnam and with the Phoenix Program, designed to kill Vietcong leaders. (p.
306)
a. Warfare
b. Anti-terrorism
c. Justifiable warfare
d. Targeted assassinations*

44. Employing the as a counterterrorist strategy enabled administration lawyers to

differentiate attacks targeting terrorists from banned assassinations and to rationalize such
targeting as lawful operations against enemy combatants. (p. 306)
a. Drone paradigm
b. Enemy paradigm
c. War paradigm*
d. Terrorism paradigm
 45. Terrorists are also termed combatants: (p. 307)
a. Justifiable
b. Intelligence
c. Unlawful*
d. Warfare

46. The deployment of drones increased between 2008 and 2011. (p. 307)
a. twofold
b. Threefold*
c. by 6%
d. by 10%

47. What is the best known weaponized drone? (p. 307)

a. Predator*
b. Terminator
c. Cyclops
d. Khan

48. What refers to warfare involving death on a large scale and for some great purpose? (p.
307)
a. Justified warfare
b. Heroic warfare*
c. Grand warfare
d. Historic warfare

49. The requires that damage inflicted by a drone attack should not be
disproportionate to the benefit to be gained by inflicting it. (p. 309)
a. Principle of targeting
b. Principle of proportionality*
c. Principle of attack
d. Principle of targeting

50. Which of the following are the ethical arguments against targeted killing? (p. 310)
a. Assassination is an immoral act and a form of politically motivated murder
outside the bounds of the conventions of war and morality.
b. Assassination violates U.S. values and principles because it is done in secret and
is a display of the exercise of overbearing state power against individuals.
c. Targeted killing calls into question the morality of U.S. foreign policy, which
stresses human rights and democracy.
d. All of these*

TRUE/FALSE

1. The federal government has adopted a criminal justice/law enforcement to the problem of
terrorism. (p. 288)
 a. True
b. False*

2. One of the goals of Al Qaeda is to kill U.S. citizens, military and civilian no matter where
they are found. (p. 289)
a. True*
b. False

3. A consequentialist approach to the ethical issues in the war on terrorism asks if it is worth
sacrificing freedom and rights for security. (p. 297)
a. True
b. False*

4. The ticking bomb argument is used to justify torture during interrogation of dangerous
terrorists. (p. 302)
a. True*
b. False

5. There is one universally accepted practical and legal definition of “terrorism.” (p. 286)
a. True
b. False*

6. Our understanding of the concept of national security will necessarily shape an

assessment of the morality of measures intended to secure it. (p. 295)
a. True*
b. False

7. Defense attorney Alan Dershowitz advocates use of judicially granted “torture warrants”
to justify severe punishment of convicted terrorists. (p. 301)
a. True
b. False*

8. Proponents of moral absolutism in relation to torture are commonly confronted with the
ticking bomb scenario as a counterargument to moral absolutism. (p. 302)
a. True*
b. False

9. The only legal model of torture that exists is in use in Columbia. (p. 305)
a. True
b. False*

10. Self-defense is authorized under Article 51 of the United Nations Charter. (p. 306)
a. True*
b. False

SHORT ANSWER
 1. Many definitions of terrorism include an element that the crimes are committed for
religious, political or ideological ________. (p. 287)
a. Objectives

2. One of the goals of Al Qaeda is to create an ________ composed of Muslims

everywhere. (p. 289)
a. Islamist caliphate

3. The primary federal statute authorizing the current war on terrorism is the _______ Act.
(p. 290)
a. Patriot

4. Although it is allegedly being used during interrogation of suspected terrorists, ________

is a crime under federal law. (p. 298)
a. Torture

5. Terrorism conducted by governments against their own people or persons in other

countries is termed ________. (p. 288)
a. State terrorism

6. The issue of targeted killing highlights _____. (p. 305)

a. The critical importance of opting for a warfare or law enforcement strategy to
counterterrorism

7. The British met the challenge of the tension between security and the criminal justice
model by establishing intended to impede the planning of terrorist attacks
by placing restrictions on suspected persons’ freedom of movement and association. (p.
291)
a. Control orders

8. Italy had a problem with which terrorist group during the 1970s? (p. 294)
a. Red Brigades

9. What has been applied to full body ducking of prisoners strapped to a board and to pour
icy water over a cloth placed over the face of a prisoner? (p. 299)
a. Waterboarding

10. What scenario has become a standard argument for the policy that torture is justified? (p.
302)
a. Ticking bomb

ESSAY
1. Discuss, describe compare and contrast the criminal justice/law enforcement approach to
terrorism and the war/military approach. Please give one example of a policy for each
approach. For each example, discuss one potential ethical issue. (pp. 289-293)

2. Describe and discuss the ticking bomb argument. Do you think it can justify torture of
dangerous, captured terrorists? Briefly explain your position. (pp. 302-304)

3. What are the goals of Al Qaeda? In your opinion, given these goals, should the war on
terrorism take a war/military approach or a law-enforcement/criminal justice approach?
Please explain your position and provide examples. (p. 289)

4. Discuss Ginbar’s (2008) principal arguments challenging the absolutist perspective that
torture ought to be entirely prohibited. What is your perspective? (pp. 303-304)

5. What would a legal model of torture look like? (pp. 301-302)