Cesare Beccaria

Question 1

C.B. which century

Answer 1

18th century Italy

Question 2

L’ Academi de pugni

Answer 2

Academy of the fist

Question 3

The right to punish

Answer 3

To guarantee security; needs right of security to punish.

Question 4

Presidential pardon

Answer 4

State loses legitimacy

Question 5

What could determine the consequences of a crime?

Answer 5

Laws

Question 6

Should judges interpret the law case-by-case or equally for all?

Answer 6

Equally for all

Question 7

Obscurity of the law

Answer 7

Laws must be universally be interpreted & understood by all citizens

Question 8

Is ignorance a defense?

Answer 8

No

Question 9

Imprisonment is a punishment

Answer 9

yes

Question 10

Beccaria said laws should be written?

Answer 10

yes

Question 11

Jail for minimum amount of time

Answer 11

yes

Question 12

Constitutional Amendment (speedy trial)

Answer 12

yes

Question 13

Waive right to speedy trial

Answer 13

normally done

Question 14

48 hour rule vs 30 day rule

Answer 14

elements of crime (48 hrs) must be tried within (30)

Question 15

Defense attorneys are time constrained

Answer 15

yes

Question 16

court could only trial 2-3% presented

Answer 16

yes

Question 17

Should evidence be made public?

Answer 17

Yes, to test legitimacy

Question 18

Anything happening in court is public record?

Answer 18

yes

Question 19

Witnesses should be considered only in what respect?

Answer 19

Only if they are interested in telling the truth

Question 20

The credibility of a witness must diminish in proportion to the hatred or friendship to the witness.

Answer 20

True

Question 21

Best witnesses should not be a friend or foe of victim or suspect

Answer 21

true

Question 22

Secret accusations: could you defend yourself?

Answer 22

No

Question 23

Discovery

Answer 23

Prosecutor must turn in all evidence

Question 24

Could conviction be vacated on appeal if discovery isn’t full and complete

Answer 24

yes

Question 25

leading or suggestive questions of an accused could arrive to the truth?

Answer 25

No

Question 26

six pack

Answer 26

a six picture line-up of similar suspects

Question 27

Rich Heisman

Answer 27

expert witness

Question 28

six pack is reliable

Answer 28

no

Question 29

laws and a persons interests contradict one another when an oath is required.

Answer 29

true

Question 30

French could be forced to testify

Answer 30

true

Question 31

USA constitutional protection to testify against yourself

Answer 31

true

Question 32

Free to go?

Answer 32

yes: not detained no: detained

Question 33

Probable cause

Answer 33

warrant

Question 34

Humans social animal: do we want to be liked?

Answer 34

yes

Question 35

Could people waive right not to testify?

Answer 35

yes

Question 36

Demographic similarities help the defendant?

Answer 36

yes e.g. hicks!

Question 37

Bundy armed confrontation

Answer 37

ranger station FBI killed one dead.

Question 38

Bundies testitifed

Answer 38

Jury was sympathetic; and were found innocent.

Question 39

Torture does not produce the truth

Answer 39

true

Question 40

Torture only tests how much pain tolerance you have

Answer 40

true

Question 41

Is torture punishment?

Answer 41

yes

Question 42

Torture leads to punishing the innocent?

Answer 42

yes

Question 43

Should the punishment be in proportion to the crime?

Answer 43

yes

Question 44

Important thing about punishment is the impression or dissuade value.

Answer 44

true

Question 45

Promptness of punishment: | Deterring value is contingent on timeliness?

Answer 45

true

Question 46

Certainty of punishment and mercy: Pardons used to excuse the guilty based on personal connections and status only serve to undermine the value of deterring crimes.

Answer 46

undermines the deterring value of punishment.

Question 47

Who said, "the greatest happiness of the greatest number?"

Answer 47

Cesar Beccaria

Question 48

What did Montesquieu say?

Answer 48

Punishment which does not arise from absolute necessity, is tyrannical

Question 49

What is sacred and valuable?

Answer 49

Punishment in proportion to liberty

Question 50

Where are lies the sovereign's right to punish?

Answer 50

The human heart

Question 51

What makes policy endure?

Answer 51

Indelible sentiments of the heart of man

Question 52

No man ever gave up is liberty merely for the good of the public

Answer 52

true

Question 53

Does every man wish he was not bound by the compacts that bind the rest of mankind?

Answer 53

Yes

Question 54

We're societies formed from the natural resources surrounding them and what brought men to form new societies?

Answer 54

When the number of men outgrew the resources around them. War was transferred from individuals to nations.

Question 55

Is necessity the reason why men give up liberty?

Answer 55

Yes

Question 56

Is justice considered a bond that keeps the interest of men United?

Answer 56

Yes

Question 57

What is considered unjust?

Answer 57

Punishment that exceeds the bond created by Justice.

Question 58

What is an introduction to anarchy?

Answer 58

The violation of laws that bind society and an individual.

Question 59

What is the proportion between crimes & punishment

Answer 59

That crimes that produce the greatest evil should have less frequency then those that produce less evil. Legislature theory on punishment

Question 60

Punishment should only be to inculcate the perpetrator from further injury to society

Answer 60

True

Question 61

Is torture useless?

Answer 61

Yes because it only measures ability to tolerate pain.

Question 62

Is immediate punishment necessary?

Answer 62

Yes otherwise message to society isn't effective

Question 63

Will a mild punishment be more effective than a violent punishment

Answer 63

Yes

Question 64

What happens if punishments are too severe?

Answer 64

They will commit other crimes to overcome the first crime

Question 65

Will anarchy and impunity succeed excessively harsh punishment?

Answer 65

yes

Question 66

Should punishment be in proportion to the state of the nation?

Answer 66

yes

Question 67

Should punishment be an act violence?

Answer 67

no

Question 68

Should punishment be public, immediate, and necessary in proportion to the crime and determined by law?

Answer 68

yes

Question 69

The only righteous measure of a severity of a crime is the harm done to society (not an individual)

Answer 69

No, sentencing phase, victims are allowed to voice their grief!

Question 70

why shouldn't victim be allowed to voice during sentencing trial.

Answer 70

sentencing is about harm to society not an individual. The sentence should not consider victims pain. Its not about revenge

Question 71

Only reason state could justifiably execution is?

Answer 71

If they continue to be a threat to life even while incarcerated.

Question 72

Did Beccaria say that "continual punishment" is more effective - than executions?

Answer 72

yes

Question 73

Killing only provides momentary reminder; not as effective as a long reminder (continuously punished)

Answer 73

stockade

Question 74

If killing is wrong than how is an execution better?

Answer 74

Beccaria