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Posted: December 11th, 2022
Final Exam Instructions (PS3250)
Format: Essay - Open book/Open Note/Open Moodle
Your answer to each question should be written as an essay no longer than ONE-PAGE, SINGLE-SPACED.
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Formulate your answers so that they reflect complete sentences, proper grammar, good organization, and an informed analysis that is reflective of the relevant concepts learned in our course this semester (not just a simple reiteration of a few bullet points from our lectures).
Do NOT converse with other people regarding the exam in any manner (e.g., no texting, calling, emailing, etcetera). To do so is unethical (CHEATING) and a violation of not only the requirements for this exam but also the University's Honor Code.
By completing the exam and uploading your answer-document, you are certifying that you have neither given nor received unauthorized aid on it, nor have you concealed any violations of the Honor Code.
When finished, upload your answer in the marked area of our Moodle homepage.
Other Content Info
Required technical format for your answer-document: PDF or MSWord
Type Your Name, Final Exam, and PS3250 at the top of your answer-document, per the example below (the underlining is for emphasis only).
Joseph Schmoe Final Exam PS3250
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Before uploading your answer-document, name the file with your last name, the course number, and the word Final (e.g., SchmoePS3250Final)
Put your answer to each question on its own page (you do not need to include the text of the question itself)
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Place page numbers on all pages of your answer-document
If you choose to quote something from your text, at the end of the relevant sentence in your answer document, put the page number where the quotation can be located. You do not need to create a full reference for it.
For all other references to sources in your answers, you may provide general info (examples below).
As mentioned in our main text, existing research on this matter indicates....
As the authors of our text indicated....
Per the video on x included with our chapter y lecture....
Final Exam Questions
There are 8 numbered questions divided between two pages. Don't forget to scroll through to see questions 5,6,7, and 8.
1. Explain the core arguments involving discrimination brought forth by religious rights activists and gay rights activists in the context of businesses refusing to provide service to lesbian or gay couples (we studied this in the context of various services associated with weddings). What core provisions of the US Constitution are at play here (e.g., a particular Constitutional amendment (s)). What has the US Supreme Court said regarding a business's refusal to provide services to such couples?
Notes: The core argument brought forth by religious rights activists is that they have the right to freely exercise their religion, which may include holding certain beliefs about marriage and sexual orientation. According to the First Amendment of the US Constitution, individuals have the right to freedom of religion, which means that the government cannot impose restrictions on the religious beliefs or practices of individuals or organizations.
On the other hand, gay rights activists argue that businesses that provide services to the public have a responsibility to serve all customers equally, regardless of their sexual orientation. This argument is based on the principle of non-discrimination, which is protected by the Fourteenth Amendment of the US Constitution. This amendment guarantees that all individuals are treated equally under the law and prohibits discrimination on the basis of certain characteristics, such as race, religion, and sex.
The US Supreme Court has considered this issue in a number of cases, and has generally held that businesses that provide services to the public are required to serve all customers equally, regardless of their sexual orientation. In particular, the Court has found that businesses that provide services to the public, such as wedding venues and photographers, are subject to the non-discrimination provisions of the Fourteenth Amendment, and cannot refuse to provide services to same-sex couples on the basis of their sexual orientation.
2. In chapter 7, we studied the tort of negligence as part of civil law. What is the underlying foundation of tort law regarding the relationship of one person to another in a society (hint: I especially covered this in the lecture)? In your answer, make sure to discuss the social contract aspect. Lastly, explain the elements of negligence (tort) and two defenses to this tort’s liability.
Notes
3. In studying juvenile justice in chapter 8, we covered a concept called "restorative justice" and a model for juvenile probation called the "balanced approach." Please explain what these are. Lastly, do you think restorative justice in the context of the juvenile system is a societal move toward greater justice in general? Why or why not?
Notes:Restorative justice is a philosophy and a set of practices that seek to address the harm caused by criminal behavior. Instead of focusing on punishment, restorative justice aims to repair the harm and build relationships between the offender, the victim, and the community. This can involve the offender taking responsibility for their actions, making amends to the victim, and working to prevent future offenses.
The balanced approach to juvenile probation is a model that seeks to strike a balance between punishment and rehabilitation for young offenders. It is based on the idea that punishment alone is not enough to address the underlying causes of criminal behavior, and that a more comprehensive approach is needed to help young people turn their lives around. The balanced approach typically involves a combination of sanctions, such as fines or community service, and support services, such as counseling or job training, to help offenders make positive changes in their lives.
In my opinion, restorative justice in the context of the juvenile justice system has the potential to be a move toward greater justice in general. By focusing on repairing the harm caused by criminal behavior and helping offenders take responsibility for their actions, restorative justice can help to create a more just and compassionate society. At the same time, it is important to ensure that the rights and needs of victims are also taken into account, and that offenders are held accountable for their actions.
4. We discussed a number of philosophies of punishment in conjunction with our chapter 9 studies. Please explain four (do not just provide a bulleted list). In your answer, give an example of what each philosophy you have chosen might look like in practice in the U.S. criminal justice system.
5. In our coverage of law as a social control mechanism in chapter 9, we studied the case of Hester Prynne from Nathanial Hawthorne’s literary classic The Scarlet Letter. More specifically, we examined her circumstances in terms of direct/formal, direct/informal, indirect/formal, and indirect/informal social controls. This question has two parts, a) and b).
a). On your answer document, either copy the four-square table below or create your own version and fill in each box with info on how Hester’s various experiences reflected each of those typological categories (e.g., direct/formal, etc.)). I have filled in the direct/informal box to get you started.
b) After drawing your box and filling in each of the remaining squares, explain what we mean by each of these social control mechanisms: direct, indirect, formal, and informal.
Formal Informal
Direct
Indirect
6. With chapter 10 on “vice,” we discussed the “harm principle.” Do you think the harm principle alone is sufficient to determine the illegality of an act? Why or why not?
7. Create your own definition of justice and explain what it means (you may inform your definition with the way of other thinkers). Then apply it to what you learned about the experience of law for either a given racial minority group or women. (e.g., Jim Crow laws, women and suffrage, etc. (your choice)). With the group you have chosen, discuss what factors you think were involved in whether the group received justice in relation to the experience you discuss (e.g., Jim Crow laws, suffrage, etc.). You only need to choose one “experience” to discuss (e.g., Jim Crow laws or suffrage or some other choice).
8. In studying feminist jurisprudence in chapter 12 on women and the law, we examined the sameness/difference debate. What is this debate? What does the compromise position put forth?
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