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CHAPTER SIX
DEVIANCE, CRIME, AND SOCIAL CONTROL

MULTIPLE-CHOICE QUESTIONS

1. When driving, we stop at a red light, whether or not a policeman is present. This is a form of:
a. internalized social control.
b. formal social control.
c. externalization.
d. anticipatory socialization.

ANS: a REF: Conformity and Deviance DIF: Applied OBJ: 6.1

2. According to your text, effective social control is dependent primarily on:

a. both self-control and informal social controls.
b. both self-control and formal social controls.
c. formal social controls only.
d. self-control only.

ANS: a REF: Conformity and Deviance DIF: Factual OBJ: 6.1

3. Internalization occurs when:

a. a person exercises self-restraint because of fear of what others will think.
b. sanctions such as fines, expulsion, and imprisonment are used to enforce conformity.
c. illegal acts are avoided because of fear of getting caught.
d. we don’t even think of violating the norms and values of our group because conformity is a part
of our self-concept.

ANS: d REF: Conformity and Deviance DIF: Factual OBJ: 6.1

4. Alan, a 14-year-old boy, finds himself in a situation where he can steal a digital watch from K-Mart.
He decides against the theft because he fears what others would think of him if they found out. In this
situation, Alan conforms to society’s values because of:
a. formal social controls.
b. informal social controls.
c. aversive social controls.
d. internalization.

ANS: b REF: Conformity and Deviance DIF: Applied OBJ: 6.1

5. Formal sanctions are LEAST likely to produce conformity when:

a. the police spend a substantial part of their time trying to eliminate illegal behavior.
b. formal sanctions for illegal behavior are severe.
c. economic conditions make illegal behavior attractive for quick rewards.
d. individuals and groups do not believe that the behavior should be illegal.

ANS: d REF: Conformity and Deviance DIF: Factual OBJ: 6.1

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 CHAPTER SIX – TEST BANK

6. If caught cheating on this exam, you are likely to be punished by the professor and the university.
This is a type of:
a. informal control.
b. formal control.
c. self-control.
d. street-level justice.

ANS: b REF: Conformity and Deviance DIF: Applied OBJ: 6.1

7. Adrianne does not smoke or drink alcohol in front of her family because she is afraid they would
disapprove. This is an example of:
a. formal social control.
b. informal social control.
c. aversive social control.
d. internalization.

ANS: b REF: Conformity and Deviance DIF: Applied OBJ: 6.1

8. Unpopular norms can continue to exist because of:

a. internalization.
b. negative sanctions.
c. false enforcement.
d. formal social controls.

ANS: c REF: Conformity and Deviance DIF: Factual OBJ: 6.1

9. Which of the following is an example of false enforcement?

a. A teen who is not homophobic participates in taunting a gay peer for fear that he will be rejected
if he doesn’t.
b. A judge gives a violator a longer punishment than deserved because of minimum sentencing
guidelines.
c. A parent grounds a teen for marijuana use even though the parent uses marijuana
d. A teacher gives a “problem” student a detention for being late to class, but lets a “good” kid go
unpunished.

ANS: a REF: Conformity and Deviance DIF: Applied OBJ: 6.1

10. Norm violations that exceed the tolerance level of the community and result in negative sanctions are:
a. deviance.
b. eccentric.
c. rule violations.
d. fun.

ANS: a REF: Conformity and Deviance DIF: Factual OBJ: 6.2

11. When sociologists stress that deviance is relative, they mean that:
a. relative to criminal acts, deviance is a minor form of nonconformity.
b. it runs in the family, among relatives.

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DEVIANCE, CRIME, AND SOCIAL CONTROL

c. whether an act is regarded as deviant or not often depends on the time, place, or individual.
d. deviance is related to more serious criminal offenses.

ANS: c REF: Conformity and Deviance DIF: Factual OBJ: 6.2

12. In the definition of deviance, it is not the act itself that matters, but the:
a. audience.
b. reason for the behavior.
c. intention of the actor.
d. legal definition.

ANS: a REF: Conformity and Deviance DIF: Factual OBJ: 6.2

13. Biological and psychological explanations for deviance look for the causes:
a. within society.
b. in the groups a person interacts with.
c. in the processes internal to the individual.
d. in the audience for the behavior.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

14. Sociological theories of deviance tend to emphasize that the reasons for deviance:
a. stem from personality disorders.
b. are based largely on genetic factors.
c. stem from personal disorganization.
d. are found in the social structure of society.

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

15. The structural-functional perspective was first applied to the explanation of deviance by:
a. Durkheim.
b. Merton.
c. Sutherland
d. Hirschi.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

16. The term used to describe a situation in which the norms of society are unclear or no longer
applicable to current conditions is:
a. ambiguity.
b. moral decay.
c. anomie.
d. institutional change.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

17. Durkheim first applied the explanation of anomie in his study of:
a. deviance.
b. social control.

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c. suicide.
d. crime.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

18. Extreme tattooing and body modification are used by some people:
a. to demonstrate their membership in a subculture.
b. to recover a sense of control over their body after a traumatic experience.
c. to indicate their rejection of dominant cultural values.
d. All of these are reasons cited for extreme forms of body modification.

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.2

19. According to the text, the stigma against extreme forms of body modification is strongest when it is
practiced by:
a. young people.
b. middle-aged people.
c. women.
d. the middle class.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.2

20. Citizens sometimes complain that employees in government agencies are more concerned about
following the rules, even when this doesn’t make sense, than they are about helping citizens. Robert
Merton would refer to these employees as:
a. ritualists.
b. conformists.
c. innovators.
d. retreatists.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

21. According to Merton’s strain theory, the social class most likely to engage in deviance is the:
a. lower class.
b. working class.
c. middle class.
d. upper class.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

22. Youths growing up in poor neighborhoods are more likely to deal drugs to make money than middle-
class youth. This example represents the pattern of deviance called:
a. rebellion.
b. retreatism.
c. ritualism.
d. innovation.

ANS: d REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

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DEVIANCE, CRIME, AND SOCIAL CONTROL

23. Which of the following examples is NOT an innovative adaptation to situations of strain?
a. athletic achievement through the use of steroids
b. joining the mafia to get rich
c. cheating on exams to get a better grade
d. getting a free handout by dropping out and drifting from one city mission to the next

ANS: d REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

24. Retreatists __________ the culturally approved goals of society and __________ the institutional
means for achieving them.
a. accept; accept
b. reject; accept
c. accept; reject
d. reject; reject

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

25. According to Merton’s strain theory, rebels differ from retreatists in that:
a. rebels are committed to creating an alternative society; retreatists just drop out.
b. retreatists withdraw to communes whereas rebels start revolutions.
c. retreatists reject society’s values but accept the means; rebels reject both means and values.
d. rebels reject society’s values but accept the means; retreatists reject both means and values.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

26. Examples of retreatists include:

a. revolutionaries and people who start communes.
b. steroid-using athletes and mafia types.
c. drifters and street people.
d. embezzlers and pranksters.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

27. According to strain theory, the solution to deviance is to:

a. reform the individual who deviates.
b. make it easier to reach societal goals through acceptable means.
c. put more money into correctional facilities.
d. implement tougher sentencing guidelines for the more dangerous crimes.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

28. ________ refers to the extent to which individuals in a neighborhood share expectations that
neighbors will intervene and work together to maintain social order.
a. Collective efficacy
b. Anomie
c. Retreatism
d. Ritualism

ANS: a REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

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 CHAPTER SIX – TEST BANK

29. According to ________, crime is more likely to occur in neighborhoods that suffer extreme structural
disadvantage and as a result experience low collective efficacy.
a. differential association theory
b. collective efficacy theory
c. strain theory
d. symbolic interaction theory

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

30. If __________ theory is correct, we would expect crime among the lower classes to rise during
economic recessions when it becomes difficult to meet basic needs.
a. anomie
b. differential association
c. self-esteem
d. conflict

ANS: d REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

31. Which of the following statements is NOT part of the conflict theory of deviance?
a. Class conflict affects deviance.
b. Those in power decide what is deviant and how it will be punished.
c. The lower class does not share the goals of the upper and middle classes.
d. Economic inequality leads to crime.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

32. Which of the following situations is NOT consistent with the conflict theory view of deviance?
a. A young man who steals a pack of gum from Walgreens is sent to jail; a young man who steals a
box of pens from work is reprimanded.
b. A city allocates more money to preventing consumer fraud than to stopping mugging.
c. Ted Turner’s house is robbed and the police launch a full-scale investigation; Maria’s house is
robbed and the police take her statement and tell her to lock her doors.
d. A lawyer kills his wife but is found not guilty at the trial; a garbage man kills his wife and gets
life in prison.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

33. Conflict theorists point out that the class differentials in crime rates develop partly because:
a. the upper classes commit less important types of crimes.
b. law enforcement discriminates more heavily against the poor.
c. the lower classes are less integrated in their families and neighborhoods.
d. the lower classes have accepted subcultural values that are more supportive of crime.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

34. Which of the following statements about conflict theories of deviance is TRUE?

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DEVIANCE, CRIME, AND SOCIAL CONTROL

a. All conflict theorists believe that the upper classes commit more crime.
b. Conflict theorists are in agreement that the lower class commits more crime.
c. All conflict theorists agree that crime is an unnatural condition, resulting from unattainable goals.
d. All conflict theorists believe that class interests determine which acts are criminalized and how
heavily they are punished.

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

35. Symbolic interaction theories of deviance do NOT suggest that deviance:

a. is learned.
b. involves the development of a deviant self-concept.
c. is an inevitable product of an unequal society.
d. arises out of face-to-face interactions.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

36. Both conflict and structural-functional theory view deviance:

a. as the product of face-to-face interactions.
b. as the result of social inequality.
c. as resulting from the overall social structure.
d. All of these are true about conflict and structural-functional views of deviance.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

37. __________ theory sees deviance as a product of specific face-to-face interactions.

a. Conflict
b. Symbolic interaction
c. Structural-functional
d. Self-esteem

ANS: b REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

38. Differential association theory was developed by:

a. Travis Hirschi.
b. Robert Merton.
c. Howard Becker.
d. Edwin Sutherland.

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

39. Differential association theory argues that:

a. people learn to be deviant when their associates favor deviance over conformity.
b. people choose deviance over conformity when normal avenues for success are blocked.
c. deviance results from social inequality.
d. differences in crime rates are associated with age, sex and, race.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

40. Diane’s aunts, uncles, parents, and friends all take towels from the hotels where they stay. Diane also

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 CHAPTER SIX – TEST BANK

takes the towels. “Everybody does it,” she reasons. Diane’s deviance is best explained by:
a. deterrence theory.
b. strain theory.
c. differential association theory.
d. labeling theory.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

41. A similarity between differential association and deterrence theories is that they both:
a. see deviance as the result of social inequality.
b. view deviance results, at least in part, because there are greater rewards for deviance than for
conformity.
c. locate the source of deviance in the social structure.
d. see deviance as the result of strain between goals and means of attaining them.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

42. Deterrence theories place the primary blame for deviance on:
a. parents.
b. an inadequate system of rewards and punishments.
c. individuals.
d. peer pressure.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

43. Which theory assumes that individuals consciously assess the costs and benefits of whether to
conform or be deviant?
a. labeling theory
b. deterrence theory
c. differential association theory
d. reward theory

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

44. When social structures do not provide adequate rewards for conformity, more people will choose
deviance. This is part of which theory?
a. reward theory
b. differential association theory
c. labeling theory
d. deterrence theory

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

45. In deterrence theory, conventional social rewards are important because they:
a. make crime a rational choice.
b. allow people to rationally decide that “crime doesn’t pay.”
c. encourage individuals to turn in deviants.
d. eliminate criminal behaviors.

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DEVIANCE, CRIME, AND SOCIAL CONTROL

ANS: b REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

46. Empirical studies show that three kinds of rewards are especially important in deterring deviance.
Which of the following is NOT one of them?
a. family ties
b. large friendship networks
c. doing well in school
d. having a good job

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

47. Labeling theory is concerned with the process by which:

a. a person who associates with deviants learns to be deviant.
b. the label of deviant comes to be attached to specific people and specific behavior.
c. deviant labels are used to stigmatize criminal behavior.
d. public labeling of criminals is used to deter crime.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

48. Labeling theory incorporates elements of which two theories?

a. symbolic interactionism and conflict theory
b. structural-functionalism and symbolic interactionism
c. deterrence and strain theories
d. developmental and conflict theory

ANS: a REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

49. On a whim, three-year-old Bobby flicks a spoonful of mashed potatoes at his father. Bobby’s father
puts him in the time-out chair and tells him he is a bad boy. Bobby’s behavior is an example of:
a. primary deviance.
b. secondary deviance.
c. non-conformity.
d. bad manners.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

50. Continued and deliberate deviance that results from labeling is:
a. primary deviance.
b. innovation.
c. secondary deviance.
d. white-collar crime.

ANS: c REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

51. Which of these is NOT a criticism of labeling theory?

a. It cannot explain the repeated deviance of persons who have not been labeled deviant.
b. It does not address how a person goes from primary to secondary acts of deviance.
c. It does not explain why primary deviance occurs.
d. It does not explain why secondary deviance occurs.

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 CHAPTER SIX – TEST BANK

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

52. ____ combines the symbolic interaction and conflict perspectives into one theory.
a. Differential association theory
b. Merton’s strain theory
c. Labeling theory
d. Deterrence theory

ANS: c REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

53. The concept of “moral entrepreneur” refers to:

a. persons who are labeled as deviants.
b. those who promote their own moral ideas about who should be labeled deviant.
c. social scientists who look for causes of deviance.
d. persons who commit victimless crimes.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

54. Why is lower-class behavior more likely than upper-class behavior to be labeled as deviant?
a. The more power a group has, the more likely they are to be successful at defining deviance.
b. Lower-class people engage in more blatant forms of deviance.
c. The more numbers a group has, the more likely they are to be successful at defining deviance.
d. Very few upper-class people engage in deviant behavior.

ANS: a REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.4

55. In recent years, there has been a growing trend toward:

a. treating more types of deviance as legal infractions.
b. treating more types of deviance as diseases.
c. allowing fewer types of deviants to successfully claim the sick role.
d. demedicalization.

ANS: b REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.3

56. Which of the following categories is most likely to be able to successfully claim the label of “ill”?
a. women
b. African Americans
c. the lower class
d. people in positions of power

ANS: d REF: Theoretical Perspectives on Deviance DIF: Factual OBJ: 6.4

57. Which of these statements about the labeling of a behavior as an illness is FALSE?
a. People who are labeled ill are generally absolved from blame for their behavior.
b. Despite being labeled as an illness, deviant behavior is still stigmatized and punished.
c. People in positions of power are more likely to be labeled ill than deviant.
d. Child abuse, gambling, murder, and rape may now be regarded as forms of mental illness better
treated by physicians than sheriffs.

327
DEVIANCE, CRIME, AND SOCIAL CONTROL

ANS: b REF: Theoretical Perspectives on Deviance DIF: Conceptual OBJ: 6.3

58. All of the following are examples of the medicalization of deviance except:
a. cosmetic surgery to cure self-esteem.
b. taking a drug to cure shyness.
c. prescribing drugs to help someone get over the loss of a loved one.
d. prescribing drugs to cure bipolar disorder.

ANS: d REF: Theoretical Perspectives on Deviance DIF: Applied OBJ: 6.3

59. Deviant acts that are subject to legal or civil penalties are defined as:
a. eccentric.
b. crimes.
c. deviance.
d. social deviance.

ANS: b REF: Crime DIF: Factual OBJ: 6.4

60. The Uniform Crime Report summarizes the:

a. incidence of all crimes that occur.
b. number of victimless crimes that occur annually.
c. number of incidents of crimes that are known to police and are of five major types.
d. incidence of crimes of violence.

ANS: c REF: Crime DIF: Factual OBJ: 6.4

61. Compared to Britain, homicide rates in the U.S. are:

a. the same.
b. two times lower.
c. two times higher.
d. five times higher.

ANS: d REF: Crime DIF: Factual OBJ: 6.5

62. The Uniform Crime Report monitors all of the following major offenses EXCEPT:
a. forcible rape.
b. prostitution.
c. arson.
d. motor vehicle theft.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

63. Property crime has declined steadily since 1980. Most observers agree that a major reason for this is:
a. a steady decline in the amount of personal property most people own.
b. a reduction in the number of young people throughout the country.
c. the decriminalization of marijuana in some areas.
d. better policing.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

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 CHAPTER SIX – TEST BANK

64. Which of the following is generally considered to be a victimless crime?

a. burglary
b. illegal entry and trespass
c. gambling
d. larceny-theft

ANS: c REF: Crime DIF: Factual OBJ: 6.5

65. Victimless crimes are:

a. crimes that do not hurt anyone.
b. property crimes which do not involve victims.
c. voluntary exchanges between persons who desire goods or services from one another.
d. all crimes that are impersonal.

ANS: c REF: Crime DIF: Factual OBJ: 6.5

66. Victimless crimes are difficult for the police to control because they:
a. do not harm anyone.
b. lack a complaining victim.
c. have wide acceptance in the larger community.
d. involve property and not persons.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

67. Laws regarding victimless crimes are enforced:

a. regularly.
b. only at the request of a complainant.
c. rarely.
d. through periodic crackdowns and routine harassment.

ANS: d REF: Crime DIF: Factual OBJ: 6.5

68. According to a 2010 study, which of the following groups is least likely to support the legalization of
marijuana?
a. Democrats
b. Republicans
c. people ages 65 and older
d. people ages 50-64

ANS: c REF: Crime DIF: Factual OBJ: 6.5

69. Crimes committed by respectable people of high social status in the course of their occupations are
known as:
a. victimless crimes.
b. graft and corruption.
c. white-collar crimes.
d. hidden crimes.

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DEVIANCE, CRIME, AND SOCIAL CONTROL

ANS: c REF: Crime DIF: Factual OBJ: 6.5

70. Which of the following is an example of white-collar crime?

a. the armed robbery of a small business by an unemployed lower-class white
b. an industrial plant ignoring the law which prohibits dumping toxic waste into the environment
c. legalized prostitution
d. the slaying of a government official by a subversive and radical political group

ANS: b REF: Crime DIF: Factual OBJ: 6.5

71. All of the following are examples of corporate crime EXCEPT:

a. polluting the environment.
b. selling defective products.
c. a CEO sexually harassing his assistant.
d. evading corporate taxes.

ANS: c REF: Crime DIF: Factual OBJ: 6.5

72. White-collar criminals are far less likely than street criminals to have all of the following happen
EXCEPT:
a. be sentenced to prison.
b. receive a lengthy sentence.
c. hire a competent lawyer.
d. be tried for a crime.

ANS: c REF: Crime DIF: Factual OBJ: 6.5

73. In regards to who commits crime in the U.S., the text suggests that:
a. people in lower classes commit the most crime.
b. the crimes committed by those in the lower class are the most costly to society.
c. people of different statuses have different opportunities to commit crime.
d. the crimes of people in the upper class are higher yield, but also higher risk.

ANS: c REF; Crime DIF: Factual OBJ: 6.5

74. Less than half of violent crimes, and less than one-fourth of property crimes, ever result in an arrest.
This means that:
a. people arrested for criminal acts represent only a sample of people who commit crimes.
b. the police aren’t doing their job.
c. these crimes are the ones that most often go unreported.
d. those who are arrested are a good representation of those committing crimes more generally.

ANS: a REF: Crime DIF: Conceptual OBJ: 6.12

75. Persons arrested for criminal acts are disproportionately:

a. young adult males from minority groups.
b. young adult white males.
c. young females from minority groups.
d. older, lower-class white males.

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 CHAPTER SIX – TEST BANK

ANS: a REF: Crime DIF: Factual OBJ: 6.5

76. Your text suggests that we need to be cautious when generalizing about crime and the larger
population of criminals based on UCR statistics because:
a. levels of crime reporting are much higher than actual crime levels.
b. the people arrested for criminal acts are not a random sample of the people who commit crimes.
c. the UCR overemphasizes the crimes of white-collar professionals.
d. UCR statistics do not include those crimes that have been cleared by an arrest.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

77. Young people are more likely to be deviant than older people because they:
a. have more energy.
b. do not have as much to lose, such as a career or a credit rating, by being deviant.
c. don’t know any better.
d. are growing up in a more complex society than the older generation did.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

78. Research on juvenile delinquency shows that it basically occurs when:

a. there is nothing better to do.
b. an individual experiences a hormonal imbalance.
c. parents are too strict with their children.
d. adolescents are labeled as troublemakers.

ANS: a REF: Crime DIF: Factual OBJ: 6.5

79. According to your text, the strongest social explanation for sex differentials in crime rates is that:
a. girls are supervised more closely than boys.
b. boys are bigger in physical size.
c. boys have a biological predisposition toward aggression.
d. boys are given less freedom so are more apt to rebel.

ANS: a REF: Crime DIF: Factual OBJ: 6.5

80. A significant proportion of crime among females is explained by their:

a. greater need for material goods.
b. victimization by males.
c. lack of supervision.
d. responsibility as single mothers.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

331
DEVIANCE, CRIME, AND SOCIAL CONTROL

81. According to your text, all of the following are possible explanations for the higher rate of crime by
lower-income people EXCEPT:
a. blocked avenues to achievement.
b. receiving fewer rewards from school and the labor market.
c. the bias in law enforcement making their crime rate appear higher.
d. a biological propensity toward deviance.

ANS: d REF: Crime DIF: Factual OBJ: 6.5

82. Race differences in arrest rates are due mainly to:

a. race differences in the quality of employment.
b. discrimination by police.
c. poverty and segregated neighborhoods and housing.
d. All of these explain racial differences in arrest rates.

ANS: d REF: Crime DIF: Factual OBJ: 6.5

83. Differences in crime rates between members of minority groups and nonminorities are more apparent
than actual. This means that:
a. the apparent differences are real.
b. when members of the different groups engage in the same crimes, members of minority groups
are more likely to be cited, arrested, prosecuted, and convicted.
c. while there are differences in the rate of arrest, the differences disappear by the time the crimes
are prosecuted.
d. members of minority groups commit more crimes than do nonminorities.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

84. Which of the following statements describing the relationship between race and crime is FALSE?
a. When engaging in the same criminal behavior, minorities are more likely to be cited, arrested,
prosecuted, and convicted than whites.
b. On average, whites commit more crimes than minorities.
c. Much of the difference in crime between whites and minorities is explained by social class
differences.
d. The UCR overestimates the percentage of crime committed by minorities.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

85. When it comes to perceptions of crime, research indicates that the majority of people:
a. underestimate the amount of crime occurring.
b. overestimate the amount of crime occurring.
c. have a fairly accurate perception of how much crime is occurring.
d. have little interest in the amount of crime occurring.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

86. Which of these is NOT a way in which the media contributes to overestimates of crime?
a. There is no reporting of the decline in crime rates.
b. When the news fails to report crimes, it makes the public fear what they do not know.

332
 CHAPTER SIX – TEST BANK

c. Highlighting crimes leads to higher ratings

d. There is a tendency for the media to misidentify isolated incidents as trends.

ANS: b REF: Crime DIF: Factual OBJ: 6.5

87. When society punishes offenders to avenge the victim and society as a whole, this is called:
a. reformation.
b. retribution.
c. retaliation.
d. specific deterrence.

ANS: b REF: The Criminal Justice System DIF: Factual OBJ: 6.6

88. Sending a juvenile delinquent to a boot camp rather than prison would be an example of:
a. deterrence.
b. retribution.
c. reform.
d. prevention.

ANS: c REF: The Criminal Justice System DIF: Factual OBJ: 6.6

89. Elliott receives a very harsh sentence for committing a minor crime. The hope is that he will think
twice before committing another crime. This tactic is called:
a. retaliation.
b. deterrence.
c. retribution.
d. reform.

ANS: b REF: The Criminal Justice System DIF: Applied OBJ: 6.6

90. Studies of crime prevention indicate that:

a. the length of sentences given for various crimes is a good deterrent for future crime.
b. the length of the sentence is a good predictor of how prevalent the crime is.
c. the certainty of getting caught is a better deterrent than lengthy sentences.
d. prisons are more important than law enforcement within the criminal justice system.

ANS: c REF: The Criminal Justice System DIF: Factual OBJ: 6.6

91. In the U.S. in 2010, there were _____ full-time police officers for every 1,000 people in the country.
a. 1.2
b. 2.6
c. 3.5
d. 4.1

ANS: c REF: The Criminal Justice System DIF: Factual OBJ: 6.6

92. The decisions made by police officers:

a. are less important than those made by the courts.
b. are less visible than those made in court and therefore harder to evaluate.

333
DEVIANCE, CRIME, AND SOCIAL CONTROL

c. have little impact on the rate of imprisonment.

d. are the most objective measure of crime

ANS: b REF: The Criminal Justice System DIF: Applied OBJ: 6.6

93. The most important phase in determining a person’s guilt or innocence is the:
a. arrest.
b. processing.
c. pretrial phase of prosecution.
d. criminal trial.

ANS: c REF: The Criminal Justice System DIF: Factual OBJ: 6.6

94. The country with the highest rate of imprisonment is:

a. Russia.
b. the United States.
c. China.
d. Japan.

ANS: b REF: The Criminal Justice System DIF: Factual OBJ: 6.6

95. About what percentage of prison inmates are African American males?
a. 10%
b. 20%
c. 35%
d. 40%

ANS: d REF: The Criminal Justice System DIF: Factual OBJ: 6.6

96. Your text suggests that __________ is the probably the least effective of the ways listed to deal with
crime and prison crowding.
a. developing more effective community-based corrections
b. putting more money into law enforcement
c. addressing the social problems and institutions that give rise to and encourage crime
d. building more prisons

ANS: d REF: The Criminal Justice System DIF: Factual OBJ: 6.6

97. Evaluation of newer intensive supervision probation programs indicates that they:
a. are not as effective as prison in terms of rehabilitation and deterrence.
b. reduce costs and increase the likelihood of rehabilitation when combined with drug treatment and
other service.
c. only work for the most serious offenders.
d. are effective at rehabilitation, but the services required make them more costly than prisons.

ANS: b REF: The Criminal Justice System DIF: Factual OBJ: 6.6

98. The 1972 Furman decision determined that capital punishment was:
a. racist but necessary to deter future crime.

334
 CHAPTER SIX – TEST BANK

b. racist and unconstitutional due to the uncontrolled discretion of judges and juries in sentencing.
c. not racist since more blacks than whites committed violent crimes.
d. a just way to deal with all rapists, regardless of race.

ANS: b REF: The Criminal Justice System DIF: Factual OBJ: 6.6

99. New research shows that the __________ is at least as important as race of the defendant in
determining who receives the death penalty.
a. violence of the crime
b. social class of the defendant
c. race of the victim
d. gender of the defendant

ANS: c REF: The Criminal Justice System DIF: Factual OBJ: 6.6

100. The text reports that a leading sociologist recommends addressing crime in the United States by:
a. building more prisons.
b. instituting more “three strikes and you’re out” rules.
c. reducing social inequality.
d. using more boot camps.

ANS: c REF: The Criminal Justice System DIF: Factual OBJ: 6.6

TRUE-FALSE QUESTIONS

1. When people obey the law even when there is no reason to believe that they will be punished for
breaking it, they are said to have internalized social control.

ANS: True REF: Conformity and Deviance OBJ: 6.1

2. Effective social control depends almost entirely upon formal social control.

ANS: False REF: Conformity and Deviance OBJ: 6.1

3. When rules are not supported by group values, it is difficult for even formal agencies to enforce
compliance.

ANS: True REF: Conformity and Deviance OBJ: 6.1

4. Whether or not an act is considered deviant depends on the time, place, actor, and audience.

ANS: True REF: Conformity and Deviance OBJ: 6.2

5. Most sociologists agree that deviance is always dysfunctional for society.

ANS: False REF: Theoretical Perspectives on Deviance OBJ: 6.3

6. Both conflict theory and structural-functionalism locate the causes of deviance in the social structure.

335
DEVIANCE, CRIME, AND SOCIAL CONTROL

ANS: True REF: Theoretical Perspectives on Deviance OBJ: 6.3

7. Conflict theorists and structural-functionalists agree that members of the lower social classes are the
most likely to engage in criminal behavior.

ANS: False REF: Theoretical Perspectives on Deviance OBJ: 6.3

8. Symbolic interactionists who study deviance argue that deviance is learned.

ANS: True REF: Theoretical Perspectives on Deviance OBJ: 6.3

9. According to deterrence theories, inadequate sanctioning systems are the primary reason that
deviance occurs.

ANS: True REF: Theoretical Perspectives on Deviance OBJ: 6.3

10. When deviant behavior is medicalized, the individual involved is more likely to receive treatment and
sympathy than punishment and stigma.

ANS: True REF: Theoretical Perspectives on Deviance OBJ: 6.3

11. The Uniform Crime Report summarizes all crimes that are known by the police to have occurred.

ANS: False REF: Crime OBJ: 6.5

12. Victimless crimes are crimes that do not hurt anyone.

ANS: False REF: Crime OBJ: 6.5

13. Even though crime is decreasing, most Americans believe it is increasing.

ANS: True REF: Crime OBJ: 6.5

14. The United States has the highest incarceration rate of any country in the world.

ANS: True REF: The Criminal Justice System OBJ: 6.6

15. The U.S. prison system is designed for the rehabilitation of inmates.

ANS: False REF: The Criminal Justice System OBJ: 6.6

SHORT-ANSWER QUESTIONS

1. What is the difference between informal and formal social control?

ANS: Informal social control is self-restraint because of fear of what others will think, while formal
social control includes administrative sanctions such as fines, expulsion, or imprisonment.

336
 CHAPTER SIX – TEST BANK

REF: Conformity and Deviance OBJ: 6.1

2. What is meant by the statement that deviance is relative?

ANS: Whether or not an act is regarded as deviant often depends upon the time, the place, the
individual, and the audience.

REF: Conformity and Deviance OBJ: 6.1

3. What is anomie?

ANS: Anomie is a situation in which the norms of society are unclear or no longer applicable to
current conditions.

REF: Theoretical Perspectives on Deviance OBJ: 6.2

4. What is the basic idea behind strain theory?

ANS: Strain theory suggests that deviance occurs when culturally approved goals cannot be reached
by culturally approved means.

REF: Theoretical Perspectives on Deviance OBJ: 6.2

5. What is the collective efficacy theory?

ANS: The extent to which individuals in a neighborhood share the expectation that neighbors will
intervene and work together to maintain social order.

REF: Theoretical Perspectives on Deviance OBJ: 6.2

6. What is the basic idea behind differential association theory?

ANS: Differential association theory argues that people learn to be deviant when more of their
associates favor deviance than favor conformity.

REF: Theoretical Perspectives on Deviance OBJ: 6.2

7. What is the basic concern of labeling theory as it relates to crime and deviance?

ANS: Labeling theory is primarily concerned with the process by which labels such as deviant come
to be attached to specific people and behaviors.

REF: Theoretical Perspectives on Deviance OBJ: 6.2

8. Explain the concept of medicalization.

ANS: When deviance is defined as resulting from illness, either mental or physical, instead of a lack
of morals or other deficit, the person engaged in the behavior is more likely to receive treatment and

337
Another Random Scribd Document
with Unrelated Content
description of arms, in fact, that can be used for the
destruction of human beings.

"Why should ships be an exception? I am of opinion, in

point of law, they are not. The Foreign Enlistment Act was an
act to prevent the enlistment or engagement of his Majesty's
subjects to serve in foreign armies, and to prevent the fitting
out and equipping in his Majesty's dominions vessels for
warlike purposes without his Majesty's license. The title of an
act is not at all times an exact indication or explanation of the
act, because it is generally attached after the act is passed.
But, in adverting to the preamble of the act, I find that
provision is made against the equipping, fitting out,
furnishing, and arming of vessels, because it may be
prejudicial to the peace of his Majesty's dominions.

"The question I shall put to you is, Whether you think that
vessel was merely in a course of building to be delivered in
pursuance of a contract that was perfectly lawful, or whether
there was any intention in the port of Liverpool, or any other
English port, that the vessel should be fitted out, equipped,
furnished, and armed for purposes of aggression. Now,
surely, if Birmingham, or any other town, may supply any
quantity of munitions of war of various kinds for the
destruction of life, why object to ships? Why should ships
alone be in themselves contraband? I asked the Attorney-
General if a man could not make a vessel intending to sell it
to either of the belligerent powers that required it, and which
would give the largest price for it, would not that be lawful?
To my surprise, the learned Attorney-General declined to give
an answer to the question, which I think a grave and
 pertinent one. But you, gentlemen, I think, are lawyers
enough to know that a man may make a vessel and offer it
for sale. If a man may build a vessel for the purpose of
offering it for sale to either belligerent party, may he not
execute an order for it? That appears to be a matter of
course. The statute is not made to provide means of
protection for belligerent powers, otherwise it would have
said, 'You shall not sell powder or guns, and you shall not sell
arms'; and, if it had done so, all Birmingham would have been
in arms against it. The object of the statute was this: that we
should not have our ports in this country made the ground of
hostile movements between the vessels of two belligerent
powers, which might be fitted out, furnished, and armed in
these ports. The Alexandra was clearly nothing more than in
the course of building.

"It appears to me that, if true that the Alabama sailed from

Liverpool without any arms at all, as a mere ship in ballast,
and that her armament was put on board at Terceira, which is
not in her Majesty's dominions, then the Foreign Enlistment
Act was not violated at all."

After reading some of the evidence, his lordship said:

"If you think that the object was to furnish, fit out, equip,
and arm that vessel at Liverpool, that is a different matter;
but if you think the object really was to build a ship in
obedience to an order, in compliance with a contract, leaving
those who bought it to make what use they thought fit of it,
then it appears to me that the Foreign Enlistment Act has not
been broken."
 The jury immediately returned a verdict for the defendants. An
appeal was made, but the full bench decided that there was no
jurisdiction. Against this decision an appeal was taken to the House
of Lords, and there dismissed on some technical ground.

Sufficient has been said to show that the action of the

Confederate Government relative to these cruisers is sustained and
justified by international law. The complaints made by the
Government of the United States against the Government of Great
Britain for acts involving a breach of neutrality find no support in the
letter of the law or in its principles, and were conclusively answered
by the interpretations of American jurists. At the same time they are
condemned by the antecedent acts of the United States
Government. Some of these will be presented.

In the War of the American Revolution, Dr. Franklin and Silas

Deane were sent to France as commissioners to look after the
interests of the colonies. In the years 1776 and 1777 they became
extensively connected with naval movements. They built, and
purchased, and equipped, and commissioned ships, all in neutral
territory; even filling up blank commissions sent out to them by the
Congress for the purpose. Among expeditions fitted out by them was
one under Captain Wickes to intercept a convoy of linen-ships from
Ireland. He went first into the Bay of Biscay, and afterward entirely
around Ireland, sweeping the sea before him of everything that was
not of force to render the attack hopeless. Mr. Deane observes to
Robert Morris that it "effectually alarmed England, prevented the
great fair at Chester, occasioned insurance to rise, and even deterred
the English merchants from shipping in English bottoms at any rate,
so that, in a few weeks, forty sail of French ships were loading in the
Thames, on freight, an instance never before known."
 In the spring of 1777 the Commissioners sent an agent to Dover,
who purchased a fine, fast-sailing English-built cutter, which was
taken across to Dunkirk. There she was privately equipped as a
cruiser, and put in command of Captain Gustavus Conyngham, who
was appointed by filling up a blank commission from John Hancock,
the President of Congress. This commission bore date March 1,
1777, and fully entitled Mr. Conyngham to the rank of captain in the
navy. His vessel, although built in England, like many of our cruisers,
was not armed or equipped there, nor was his crew enlisted there,
but in the port of a neutral. This vessel was finally seized under
some treaty obligations between France and England. The
Commissioners immediately fitted out another cruiser, and still
another. It was also affirmed that the money advanced to Mr. John
Adams for traveling expenses, when he arrived in Spain a year or
two later, was derived from the prizes of these vessels, which had
been sent into the ports of Spain.

Captain Conyngham was a very successful commander, but he was

made a prisoner in 1779. The matter was brought before Congress
in July of the same year, and a committee reported that this "late
commander of an armed vessel in the service of the States, and
taken on board of a private armed cutter, had been treated in a
manner contrary to the dictates of humanity, and the practice of
Christian civilized nations." Whereupon it was resolved to demand of
the British Admiral in New York that good and sufficient reason be
given for this conduct, or that he be immediately released from his
rigorous and ignominious confinement. If a satisfactory answer was
not received by August 1st, so many persons as were deemed
proper were ordered to be confined in safe and close custody, to
abide the fate of the said Gustavus Conyngham. No answer having
been received, one Christopher Hale was thus confined. In
December he petitioned Congress for an exchange, and that he
might procure a person in his room. Congress replied that his
petition could not be granted until Captain Conyngham was released,
"as it had been determined that he must abide the fate of that
officer." Conyngham was subsequently released.

The whole number of captures made by the United States in this

contest is not known, but six hundred and fifty prizes are said to
have been brought into port. Many others were ransomed, and some
were burned at sea.

Prescribed limits will not permit me to follow out in detail the past
history of the United States as a neutral power. It must suffice to
recall the memory of readers to a few significant facts in our more
recent history:

The recognition of the independence of Greece in her struggle

with
Turkey, and the voluntary contributions of money and men sent to
her;
the recognition of the independence of the Spanish provinces of
South
America, and the war-vessels equipped and sent from the ports of
the
United States to Brazil during the struggle with Spain for
independence; the ships sold to Russia during her war with England,
France, and Turkey; the arms and munitions of war manufactured at
New
Haven, Connecticut, and Providence, Rhode Island, sold and shipped
to
Turkey to aid her in her late struggle with Russia.
 The reader will observe the promptitude with which the
Government of the United States not only accorded belligerent
rights, but, even more, recognized the independence of nations
struggling for deliverance from oppressive rulers. The instances of
Greece and the South American republics are well known, and that
of Texas must be familiar to every one. One could scarcely believe,
therefore, that the chief act of hostility, or, rather, the great crime of
the Government of Great Britain in the eyes of the Government of
the United States, was the recognition by the latter of the
Confederate States as a belligerent power, and that a state of war
existed between them and the United States. This was the
constantly repeated charge against the British Government in the
dispatches of the United States Government from the
commencement of the war down nearly to the session of the Geneva
Conference in 1872. In the correspondence of the Secretary, in 1867,
he says:

"What is alleged on the part of the United States is, that

the Queen's proclamation, which, by conceding belligerent
rights to the insurgents, lifted them up for the purpose of
insurrection to an equality with the nation which they were
attempting to overthrow, was premature because it was
unnecessary, and that it was, in its operation, unfriendly
because it was premature."

Again he says, and, if sincerely, shows himself to be utterly

ignorant of the real condition of our affairs:

"Before the Queen's proclamation of neutrality, the

disturbance in the United States was merely a local
insurrection. It wanted the name of war to enable it to be a
 civil war and to live, endowed as such, with maritime and
other belligerent rights. Without the authorized name, it
might die, and was expected not to live and be a flagrant civil
war, but to perish a mere insurrection."

The first extract in itself contains a fiction. If the Queen's

proclamation possessed such force as to raise the Confederate
States to an equality with the United States as a belligerent, perhaps
another proclamation of the Queen might have possessed such
force, if it had been issued, as to have lifted the Confederate States
from the state of equality to one of independence. This is a novel
virtue to be ascribed to a Queen's proclamation. This idea must have
been borrowed from our neighbors of Mexico, where a
pronunciamiento dissolves one and establishes a rival administration.
How much more rational it would have been, to say that the
resources and the military power of the Confederate States placed
them, at the outset, on the footing of a belligerent, and the Queen's
proclamation only declared a fact which the announcement of a
blockade of the Southern ports by the Government of the United
States had made manifest!— blockade being a means only
applicable as against a foreign foe.

Nevertheless, the Government of the United States, although

refusing to concede belligerent rights to the Confederate States, was
very ready to take advantage of such concession by other nations,
whenever an opportunity offered. The voluminous correspondence of
the Secretary of State of the United States Government, relative to
the Confederate cruisers and their so-called "depredations," was
filled with charges of violations of international law, which could be
committed only by a belligerent, and which, it was alleged, had been
allowed to be done in the ports of Great Britain. On this foundation
was based the subsequent claim for damages, advanced by the
Government of the United States against that of Great Britain; and,
for the pretended lack of "due diligence" in watching the actions of
this Confederate belligerent in her ports, she was mulcted in a heavy
sum by the Geneva Conference, and paid it to the Government of
the United States.

It is a remarkable fact that the Government of the United States,

in no one instance, from the opening to the close of the war,
formally spoke of the Confederate Government or States as
belligerents. Although on many occasions it acted with the latter as a
belligerent, yet no official designations were ever given to them or
their citizens but those of "insurgents," or "insurrectionists." Perhaps
there may be something in the signification of the words which,
combined with existing circumstances, would express a state of
affairs that the authorities of the Government of the United States
were in no degree willing to admit, and vainly sought to prevent
from becoming manifest to the world.

The party or individuality against which the Government of the

United States was conducting hostilities consisted of the people
within the limits of the Confederate States. Was it against them as
individuals in an unorganized condition, or as organized political
communities? In the former condition they might be a mob; in the
latter condition they formed a State. By the actions of unorganized
masses may arise insurrections, and by the actions of organized
people or states, arise wars.

The Government of the United States adopted a fiction when it

declared that the execution of the laws in certain States was
impeded by "insurrection." The persons whom it designated as
insurrectionists were the organized people of the States. The ballot-
boxes used at the elections were State boxes. The judges who
presided at the elections were State functionaries. The returns of the
elections were made to the State officers. The oaths of office of
those elected were administered by State authority. They assembled
in the legislative chambers of the States. The results of their
deliberations were directory to the State, judicial, and executive
officers, and by them put in operation. Is it not evident that, only by
a fiction of speech, such proceedings can be called an insurrection?

Why, then, did an intelligent and powerful Government, like that of

the United States, so outrage the understanding of mankind as to
adopt a fiction on which to base the authority and justification of its
hostile action? The United States Government is the result of a
compact between the States—a written Constitution. It owes its
existence simply to a delegation of certain powers by the respective
States, which it is authorized to exercise for their common welfare.
One of these powers is to "suppress insurrections"; but there is no
power delegated to subjugate States, the authors of its existence, or
to make war on any of the States. If, then, without any delegated
power or lawful authority for its proceedings, the Government of the
United States commenced a war upon some of the States of the
Union, how could it expect to be justified before the world? It
became the aggressor—the Attila of the American Continent. Its
action inflicted a wound on the principles of constitutional liberty, a
crashing blow to the hopes that men had begun to repose in this
latest effort for self-government, which its friends should never
forgive nor ever forget. To palliate the enormity of such an offense,
its authors resorted to a vehement denial that their hostile action
was a war upon the States, and persistently asserted the fiction that
their immense armies and fleets were merely a police authority to
put down insurrection. They hoped to conceal from the observation
of the American people that the contest, on the part of the central
Government, was for empire, for its absolute supremacy over the
State governments; that the Constitution was roiled up and laid
away among the old archives; and that the conditions of their liberty,
in the future, were to be decided by the sword or by "national"
control of the ballot-box.

With like disregard for truth, our cruisers were denounced as

"pirates" by the Government of the United States. A pirate, or armed
piratical vessel, is by the law of nations the enemy of mankind, and
can be destroyed by the ships of any nation. The distinction between
a lawful cruiser and a pirate is that the former has behind it a
government which is recognized by civilized nations as entitled to
the rights of war, and from which the commander of the cruiser
receives his commission or authority, but the pirate recognizes no
government, and is not recognized by any one. As the Attorney-
General of Great Britain said in the Alexandra case:

"Although a recognition of the Confederates as an

independent power was out of the question, yet it was right
they should be admitted by other nations within the circle of
lawful belligerents—that is to say, that their forces should not
be treated as pirates, nor their flag as a piratical flag.
Therefore, as far as the two belligerents were concerned, on
the part of this and other governments, they were so far put
on a level that each was to be considered as entitled to the
right of belligerents—the Southern States as much as the
other."
 The Government of the United States well knew that, after the
issue of the Queen's proclamation recognizing our Government, the
application of the word pirate to our cruisers was simply an
exhibition of vindictive passion on its part. A de facto Government by
its commission legalizes among nations a cruiser. That there was
such a Government even its own courts also decided. In a prize case
(2 Black, 635), Justice Greer delivered the opinion of the Supreme
Court, saying:

"It [the war] is not less a civil war, with belligerent parties
in hostile array, because it may be called an 'insurrection' by
one side, and the insurgents be considered as rebels and
traitors. It is not necessary that the independence of the
revolted province or State be acknowledged in order to
constitute it a party belligerent in a war, according to the laws
of nations. Foreign nations acknowledge it a war by a
declaration of neutrality. The condition of neutrality can not
exist unless there be two belligerent parties."

In the case of the Santissima Trinidad (7 Wheaton, 337), the

United
States Supreme Court says:

"The Government of the United States has recognized the

existence of a civil war between Spain and her colonies, and
has avowed her determination to remain neutral between the
parties. Each party is therefore deemed by us a belligerent,
having, so far as concerns us, the sovereign rights of war."

The belligerent character of the Confederate States was thus fully

acknowledged by the highest judicial tribunal of the United States.
This involved an acknowledgment of the Confederate Government as
a Government de facto having "the sovereign rights of war," yet the
Executive Department of the United States Government, with
reckless malignity, denounced our cruisers as "pirates," our citizens
as "insurgents" and "traitors," and the action of our Government as
an "insurrection."

It has been stated that during the war of the colonies with Great
Britain many of the prizes of the colonial cruisers were destroyed.
This was done by Paul Jones and other commanders, although
during the entire period of the war some of the colonial ports were
open, into which prizes could be taken. In that war Great Britain did
not attempt to blockade all the ports of the colonies. Sailing-vessels
only were then known, and with these a stringent blockade at all
seasons could not have been maintained. But, at the later day of our
war, the powerful steamship had appeared, and revolutionized the
commerce and the navies of the world. During the first months of
the war all the principal ports of the Confederacy were blockaded,
and finally every inlet was either in possession of the enemy or had
one or more vessels watching it. The steamers were independent of
wind and weather, and could hold their positions before a port day
and night. At the same time the ports of neutrals had been closed
against the prizes of our cruisers by proclamations and orders in
council. Says Admiral Semmes:

"During my whole career upon the sea, I had not so much

as a single port open to me, into which I could send a prize."

Our prizes had been sent into ports of Cuba and Venezuela under
the hope that they might gain admittance, but they were either
handed over to the enemy under some fraudulent pretext, or
expelled. Thus, by the action of the different nations and by the
blockade with steamers, no course was left to us but to destroy the
prizes, as was done in many instances under the Government of the
United States Confederation.

The laws of maritime war are well known. The enemy's vessel
when captured becomes the property of the captor, which he may
immediately destroy; or he may take the vessel into port, have it
adjudicated by an admiralty court as a lawful prize, and sold. That
adjudication is the basis of title to the purchaser against all former
owners. In these cases the captor sends his prizes to a port of his
own country or to a friendly port for adjudication. But, if the ports of
his own country are under blockade by his enemy, and the recapture
of the prizes, if sent there, most probable, and if, at the same time,
all friendly ports are closed against the entrance of his prizes, then
there remains no alternative but to destroy the prizes by sinking or
burning. Courts of admiralty are established for neutrals; not for the
enemy, who has no right of appearance before them. If, therefore,
any neutrals suffered during our war for want of adjudication, the
fault is with their own Government, and not with our cruisers.

Many other objections were advanced by the United States

Government as evidence that we committed a breach of
international law with our cruisers, but their principles are embraced
in the preceding remarks, or they were too frivolous to deserve
notice. Suffice it to say that, if the Confederate Government had
been successful in taking to sea every vessel which it built, it would
have swept from the oceans the commerce of the United States,
would have raised the blockade of at least some of our ports, and, if
by such aid our independence had been secured, there is little
probability that such complaints as have been noticed would have
received attention, if, indeed, they would have been uttered.
 In January, 1871, the British Government proposed to the
Government of the United States that a joint commission should be
convened to adjust certain differences between the two nations
relative to the fisheries, the Canadian boundary, etc. To this
proposition the latter acceded, on condition that the so-called
Alabama claims should also be considered. To this condition Great
Britain assented. In the Convention the American Commissioners
proposed an arbitration of these claims. The British Commissioners
replied that her Majesty's Government could not admit that Great
Britain had failed to discharge toward the United States the duties
imposed on her by the rules of international law, or that she was
justly liable to make good to the United States the losses occasioned
by the acts of the cruisers to which the American Commissioners
referred.

Without following the details, it may be summarily stated that the

Geneva Conference ensued. That decided that "England should have
fulfilled her duties as a neutral by the exercise of a diligence equal to
the gravity of the danger," and that "the circumstances were of a
nature to call for the exercise, on the part of her Britannic Majesty's
Government, of all possible solicitude for the observance of the
rights and duties involved in the proclamation of neutrality issued by
her Majesty on May 18, 1861." The Conference also added: "It can
not be denied that there were moments when its watchfulness
seemed to fail, and when feebleness in certain branches of the
public service resulted in great detriment to the United States."

The claims presented to the Conference for damages done by our

several cruisers were as follows: The Alabama, $7,050,293.76; the
Boston, $400; the Chickamauga, $183,070.73; the Florida,
$4,057,934.69; the Clarence, tender of the Florida, $66,736.10; the
Tacony, tender of the Florida, $169,198.81; the Georgia,
$431,160.72; the Jefferson Davis, $7,752; the Nashville,
$108,433.95; the Retribution, $29,018.53; the Sallie, $5,540; the
Shenandoah, $6,656,838.81; the Sumter, $179,697.67; the
Tallahassee, $836,841.83. Total, $19,782,917.60. Miscellaneous,
$479,033; increased insurance, $6,146,19.71. Aggregate,
$26,408,170.31.

The Conference rejected the claims against the Boston, the

Jefferson Davis, and the Sallie, and awarded to the United States
Government $15,500,000 in gold.

But the indirect damages upon the commerce of the United States
produced by these cruisers were far beyond the amount of the
claims presented to the Geneva Conference. The number of ships
owned in the United States at the commencement of the war, which
were subsequently transferred to foreign owners by a British register,
was 715, and the amount of their tonnage was 480,882 tons. Such
are the laws of the United States that not one of them has been
allowed to resume an American register.

In the year 1860 nearly seventy per cent. of the foreign commerce
of the country was carried on in American ships. But, in
consequence of the danger of capture by our cruisers to which these
ships were exposed, the amount of this commerce carried by them
had dwindled down in 1864 to forty-six per cent. It continued to
decline after the war, and in 1872 it had fallen to twenty-eight and a
half per cent.

Before the war the amount of American tonnage was second only
to that of Great Britain, and we were competing with her for the first
place. At that time the tonnage of the coasting trade, which had
grown from insignificance, was 1,735,863 tons. Three years later, in
1864, it had declined to about 867,931 tons.

The damage to the articles of export is illustrated by the decline in

breadstuffs exported from the Northern States. In the last four
months of each of the following years the value of this export was as
follows: 1861, $42,500,000; 1862, $27,842,090; 1863, $8,909,043;
1864, $1,850,819. Some of this decline resulted from good crops in
England; but, in other respects, it was a consequence of causes
growing out of the war.

The increase in the rates of marine insurance, in consequence of

the danger of capture by the cruisers, was variable. But the gross
amount so paid was presented as a claim to the Conference, as
given above.

[Footnote 59: Wheaton's "International Law" sixth edition, p. 571,

1855.]

[Footnote 60: Ken's "Commentaries," vol i, p. 145, 1854.]

CHAPTER XXXII.

Attempts of the United States Government to overthrow States.—

Military Governor of Tennessee appointed.—Object.—Arrests and
Imprisonments.—Measures attempted.—Oath required of Voters.
—A
Convention to amend the State Constitution.—Results.—Attempt
in
Louisiana.—Martial Law.—Barbarities inflicted.—Invitation of
Plantations.—Order of General Butler, No. 28.—Execution of
Mumford.—Judicial System set up.—Civil Affairs to be
administered
by Military Authority.—Order of President Lincoln for a Provisional
Court.—A Military Court sustained by the Army.—Words of the
Constitution.—"Necessity," the reason given for the Power to
create
the Court.—This Doctrine fatal to the Constitution; involves its
Subversion.—Cause of our Withdrawal from the Union.—
Fundamental
Principles unchanged by Force.—The Contest is not over; the
Strife
not ended.—When the War closed, who were the Victors?—Let
the
Verdict of Mankind decide.

On the capture of Nashville, on February 25, 1862, Andrew

Johnson was made military Governor of Tennessee, with the rank of
brigadier-general, and immediately entered on the duties of his
office. This step was taken by the President of the United States
under the pretense of executing that provision of the Constitution
which is in these words:

"The United States shall guarantee to every State in this

Union a republican form of government."

The administration was conducted according to the will and

pleasure of the Governor, which was the supreme law. Public officers
were required to take an oath of allegiance to the United States
Government, and upon refusal were expelled from office.
Newspaper-offices were closed, and their publication suppressed.
Subsequently the offices were sold out under the provisions of the
confiscation act. All persons using "treasonable and seditious"
language were arrested and required to take the oath of allegiance
to the Government of the United States, and give bonds for the
future, or to go into exile. Clergymen, upon their refusal to take the
oath, were confined in the prisons until they could be sent away.
School-teachers and editors and finally large numbers of private
citizens were arrested and held until they took the oath. Conflicts
became frequent in the adjacent country. Murders and the violent
destruction of property ensued.

On October 21, 1862, an order for an election of members of the

United States Congress in the ninth and tenth State districts was
issued. Every voter was required to give satisfactory evidence of
"loyalty" to the Northern Government. Two persons were chosen and
admitted to seats in that body.

That portion of the State in the possession of the forces of the

United States continued without change, under the authority of the
military Governor, until the beginning of 1864. Measures were then
commenced by the Governor for an organization of a State
government in sympathy with the Government of the United States.
These measures were subsequently known as the "process for State
reconstruction." The Governor issued his proclamation for an
election of county officers on March 5th, to be held in the various
counties of the State whenever it was practicable. "It is not
expected," says the Governor, "that the enemies of the United States
will propose to vote, nor is it intended that they be permitted to vote
or hold office." In addition to the possession of the usual
qualifications, the voter was required to take the following oath:

"I solemnly swear that I will henceforth support the

Constitution of the United States, and defend it against the
assaults of all its enemies; that I will hereafter be, and
conduct myself as, a true and faithful citizen of the United
States, freely and voluntarily claiming to be subject to all the
duties and obligations, and entitled to all the rights and
privileges, of such citizenship; that I ardently desire the
suppression of the present insurrection and rebellion against
the Government of the United States, the success of its
armies, and the defeat of all those who oppose them; and
that the Constitution of the United States, and all laws and
proclamations made in pursuance thereof, may be speedily
and permanently established and enforced over all the
 people, States, and Territories thereof; and, further, that I will
hereafter aid and assist all loyal people in the accomplishment
of these results."

Thus to invoke the Constitution was like Satan quoting Scripture.

The election was a failure, and all further efforts at reconstruction
were for a time suspended. An attempt was made at the end of
1864 to obtain a so-called convention to amend the State
Constitution, and a body was assembled which, without any regular
authority, adopted amendments. These were submitted to the voters
on February 22, 1865, and declared to be ratified by a vote of
twenty-five thousand, in a State where the vote, in 1860, was one
hundred and forty-five thousand. Slavery was abolished, other
changes made, so-called State officers elected, and this body of
voters was proclaimed as the reconstructed State of Tennessee, and
one of the United States. Such was the method adopted in
Tennessee to execute the provision of the Constitution which says:

"The United States shall guarantee to every State in this

Union a republican form of government."

The next attempt to guarantee "a republican form of government"

to a State was commenced in Louisiana by the military occupation of
New Orleans, on May 1, 1862. The United States forces were under
the command of Major-General Benjamin F. Butler. Martial law was
declared, and Brigadier-General George F. Shepley was appointed
military Governor of the State. It is unnecessary to relate in detail
the hostile actions which were committed, as they had no
resemblance to such warfare as is alone permissible by the rules of
international law or the usages of civilization. Some examples taken
from contemporaneous publications of temperate tone, will suffice.
 Peaceful and aged citizens, unresisting captives, and
noncombatants, were confined at hard labor with chains attached to
their limbs, and held in dungeons and fortresses; others were
subjected to a like degrading punishment for selling medicine to the
sick soldiers of the Confederacy. The soldiers of the invading force
were incited and encouraged by general orders to insult and outrage
the wives and mothers and sisters of the citizens; and helpless
women were torn from their homes and subjected to solitary
confinement, some in fortresses and prisons-and one, especially, on
an island of barren sand, under a tropical sun—and were fed with
loathsome rations and exposed to vile insults. Prisoners of war, who
surrendered to the naval forces of the United States on the
agreement that they should be released on parole, were seized and
kept in close confinement. Repeated pretexts were sought or
invented for plundering the inhabitants of the captured city, by fines
levied and collected under threat of imprisonment at hard labor with
ball and chain. The entire population were forced to elect between
starvation by the confiscation of all their property and taking an oath
against their conscience to bear allegiance to the invader. Egress
from the city was refused to those whose fortitude stood the test,
and even to lone and aged women and to helpless children; and,
after being ejected from their houses and robbed of their property,
they were left to starve in the streets or subsist on charity. The
slaves were driven from the plantations in the neighborhood of New
Orleans, until their owners consented to share their crops with the
commanding General, his brother, and other officers. When such
consent had been extorted, the slaves were restored to the
plantations and compelled to work under the bayonets of a guard of
United States soldiers. Where that partnership was refused, armed
expeditions were sent to the plantations to rob them of everything
that could be removed; and even slaves too aged and infirm for
work were, in spite of their entreaties, forced from the homes
provided by their owners, and driven to wander helpless on the
highway. By an order (No. 91), the entire property in that part of
Louisiana west of the Mississippi River was sequestrated for
confiscation, and officers were assigned to the duty, with orders to
gather up and collect the personal property, and turn over to the
proper officers, upon their receipts, such of it as might be required
for the use of the United States army; and to bring the remainder to
New Orleans, and cause it to be sold at public auction to the highest
bidders. This was an order which, if it had been executed, would
have condemned to punishment, by starvation, at least a quarter of
a million of persons, of all ages, sexes, and conditions. The African
slaves, also, were not only incited to insurrection by every license
and encouragement, but numbers of them were armed for a servile
war, which in its nature, as exemplified in other lands, far exceeds
the horrors and merciless atrocities of savages. In many instances
the officers were active and zealous agents in the commission of
these crimes, and no instance was known of the refusal of any one
of them to participate in the outrages.

The order of Major-General Butler, to which reference is made

above, was as follows:

"HEADQUARTERS, DEPARTMENT OF THE GULF, NEW ORLEANS.

"As officers and soldiers of the United States have been

subject to repeated insults from women, calling themselves
ladies, of New Orleans, in return for the most scrupulous non-
interference and courtesy on our part, it is ordered hereafter,
when any female shall, by mere gesture or movement, insult,
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