Question 1

Talk About:
-Application of the law

Accepted Answer

Concept of law addre...

Question 2

Which best describes Hart's beliefs in relation to the discretion within the law?

Accepted Answer

A)   There is no discretion within the law.
B)   One person's private moral judgments should not replace society's views of public morality.
C)   Discretion is inevitable and can strengthen the system.
D)   All of the above.E) All of the above
F) None of the above

Question 3

According to a legal realist, when making a law what question should be asked?

Accepted Answer

A)   Who are the important decision makers in the legal system?
B)   How should those who cause harm be stopped?
C)   How can social morality be protected?
D)   Does the law make society a better place to live by solving problems?E) A) and B)
F) A) and C)

Question 4

Talk About:
-Hart-Devlin debate

Accepted Answer

This debate focused ...

Question 5

Which best describes Devlin's beliefs in relation to the focal point of law?

Accepted Answer

A)   Punishment is key.
B)   The means to the end is most important.
C)   If society is preserved, then the law is successful.
D)   All of the above.E) B) and C)
F) A) and D)

Question 6

Legal paternalism most closely reflects legal moralism, not legal positivism.

Accepted Answer

A) True 
 B)False

Question 7

Devlin issued cautions in developing a morally driven legal code. Which of the following was his belief?

Accepted Answer

A)   The law should focus only on those aspects of morality that meet the rather strict criteria.
B)   Laws based on morality must be carefully considered and not made in haste.
C)   When enforcing laws based on morality, law enforcement should respect the legal requirements for privacy.
D)   All of the above.E) A) and B)
F) A) and C)

Question 8

H. L. A. Hart's beliefs draw upon the pragmatic tradition.

Accepted Answer

A) True 
 B)False

Question 9

Which best describes Hart's beliefs in relation to the application of law?

Accepted Answer

A)   Logical principles are used to ensure careful application.
B)   Professionals may reach different conclusions based on imperfect data.
C)   All professionals need to agree.
D)   All of the above.E) None of the above
F) A) and B)

Question 10

Talk About:
-Richard Posner

Accepted Answer

Leading sp...

Question 11

What is a successful law to the legal realist?

Accepted Answer

A)   A successful law determines the morality or immorality of an offense.
B)   A successful law agrees with what the majority of society believes.
C)   A successful law is one that (through the interpretative actions of criminal justice professionals)  provides a meaningful answer to the victim of the crime, to the offender, and to society.
D)   A successful law prohibits harm from occurring.E) A) and B)
F) None of the above

Question 12

Most sentencing guidelines work by two factors:

Accepted Answer

A)   An offender's prior record and the seriousness of the crime committed.
B)   The amount of rehab an offender has attended and how long since he committed a crime.
C)   The type of crime and the age of the offender.
D)   The weapons involved and the background of the offender.E) None of the above
F) B) and D)

Question 13

Talk About:
-Wolfenden Report

Accepted Answer

This recommended leg...

Question 14

Talk About:
-Formation of law

Accepted Answer

Concept of...

Question 15

If individuals perceive that the law has failed, they may

Accepted Answer

A)   Lose confidence in the legal system.
B)   Support all laws.
C)   Be happy with the legal system.
D)   None of the above.E) C) and D)
F) B) and D)

Question 16

Talk About:
-Everyday pragmatism

Accepted Answer

This is the belief that the la...

Question 17

Talk About:
-Strong paternalism

Accepted Answer

The belief that the ...

Question 18

Hart's main concern with Devlin's approach is that it places no limits on lawmakers; if something is viewed as immoral, it can (and to Devlin, must) be made illegal.

Accepted Answer

A) True 
 B)False

Question 19

What are some differences between Devlin's and Hart's theories?

Accepted Answer

A)   Devlin's approach is based on feelings.
B)   Hart does not believe that society is threatened by acts that pose no harms, aside from being viewed as immoral.
C)   There are no differences; the theories are compatible.
D)   Both a and b.E) All of the above
F) C) and D)

Question 20

To Patrick Devlin, religion and morality were linked because he believed that morality must be the basis for law and that religion must be the basis for morality.

Accepted Answer

A) True 
 B)False

Exam 3: Criminal Justice and Legal Philosophy

Talk About: -Formation of law

Correct AnswerverifiedConcept of...View AnswerShow Answer

Which best describes Devlin's beliefs in relation to the focal point of law?

Correct AnswerverifiedShow Answer

To Patrick Devlin, religion and morality were linked because he believed that morality must be the basis for law and that religion must be the basis for morality.

Correct AnswerverifiedShow Answer

Hart's main concern with Devlin's approach is that it places no limits on lawmakers; if something is viewed as immoral, it can (and to Devlin, must) be made illegal.

Correct AnswerverifiedShow Answer

H. L. A. Hart's beliefs draw upon the pragmatic tradition.

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Talk About: -Application of the law

Correct AnswerverifiedConcept of law addre...View AnswerShow Answer

Legal paternalism most closely reflects legal moralism, not legal positivism.

Correct AnswerverifiedShow Answer

According to a legal realist, when making a law what question should be asked?

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What is a successful law to the legal realist?

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Talk About: -Hart-Devlin debate

Correct AnswerverifiedThis debate focused ...View AnswerShow Answer

Talk About: -Everyday pragmatism

Correct AnswerverifiedThis is the belief that the la...View AnswerShow Answer

Talk About: -Wolfenden Report

Correct AnswerverifiedThis recommended leg...View AnswerShow Answer

Which best describes Hart's beliefs in relation to the application of law?

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If individuals perceive that the law has failed, they may

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Which best describes Hart's beliefs in relation to the discretion within the law?

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Devlin issued cautions in developing a morally driven legal code. Which of the following was his belief?

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Most sentencing guidelines work by two factors:

Correct AnswerverifiedShow Answer

Talk About: -Strong paternalism

Correct AnswerverifiedThe belief that the ...View AnswerShow Answer

What are some differences between Devlin's and Hart's theories?

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Talk About: -Richard Posner

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Concept of...
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Concept of law addre...
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This debate focused ...
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This is the belief that the la...
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This recommended leg...
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The belief that the ...
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Leading sp...
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