3.1. Functions and Limitations of Law

25 questions available

Summary unavailable.

Questions

Question 1

What is the primary function of laws as a formal means of social control?

View answer and explanation
Question 2

According to Kerper (1979), how many major limitations of the law did he identify?

View answer and explanation
Question 3

Which historical event is used as an example to illustrate Kerper's first limitation of law, that it cannot gain community support without the backing of other social institutions?

View answer and explanation
Question 4

What term does Lippman (2015) use to describe situations where the law promotes inequality or serves the interests of a small number of individuals rather than the welfare of society?

View answer and explanation
Question 5

Which of the following is NOT listed as one of Kerper's four major limitations of the law?

View answer and explanation
Question 6

According to the text, what distinguishes formal social control, like laws, from informal social control, like social media?

View answer and explanation
Question 7

What does Lawrence Friedman identify as a dysfunction of law related to its rigidity?

View answer and explanation
Question 8

According to Friedman, why might reliance on law and courts discourage democratic political activism?

View answer and explanation
Question 9

What is meant by the statement that the law's resolution of disputes is 'dependent upon a complicated and expensive fact-finding process'?

View answer and explanation
Question 10

Lippman's concept of 'dysfunctions of law' suggests that law can be used to repress individuals and limit their rights. How does the text describe this phenomenon?

View answer and explanation
Question 11

Which of the following points is listed as one of Lawrence Friedman's identified dysfunctions of law?

View answer and explanation
Question 12

What is the second limitation of law identified by Kerper?

View answer and explanation
Question 13

How does Friedman explain the law's slowness to change?

View answer and explanation
Question 14

What does the text identify as a potential negative consequence of the law reflecting the interests of powerful economic interests?

View answer and explanation
Question 15

The concept that law can 'impede social change because it may limit the ability of individuals to use the law to vindicate their rights and liberties' is attributed to which scholar?

View answer and explanation
Question 16

What is the core purpose of law as described in the first sentence of the section?

View answer and explanation
Question 17

Friedman notes that courts are often reluctant to second-guess the decisions of political decision-makers. In what specific circumstances is this reluctance particularly noted?

View answer and explanation
Question 18

According to the text, what is a key difference between the 'limitations' of law (Kerper) and the 'dysfunctions' of law (Lippman/Friedman)?

View answer and explanation
Question 19

Which of these functions is NOT mentioned as a way laws and legal rules promote social control?

View answer and explanation
Question 20

What reason does the text give for why informal social controls like social media are not considered 'the law'?

View answer and explanation
Question 21

The use of legal actions to harass individuals or to gain revenge is identified as a dysfunction of law by which scholar?

View answer and explanation
Question 22

In the context of Friedman's dysfunctions, what does the text suggest about the law's relationship with precedent?

View answer and explanation
Question 23

What is the consequence of law being 'used to repress individuals and limit their rights,' according to Lippman?

View answer and explanation
Question 24

The example of self-defense rules not applying neatly to situations of battered women who use force against consistent abuse illustrates which of Friedman's dysfunctions?

View answer and explanation
Question 25

What is the central idea behind Kerper's fourth limitation, that 'the law changes slowly'?

View answer and explanation

Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary