Question 1

A man does not plan to kill his wife and has no intention of doing so, but one night he becomes enraged at her for insulting him, and he stabs her to death. He would therefore be guilty of

Accepted Answer

Manslaughter is the unlawful killing of a human being without malice aforethought. In this case, the man did not plan to kill his wife and had no intention of doing so, but he stabbed her to death in a fit of rage. This would be considered manslaughter.

Question 2

Most retentionists believe that, in a large majority of cases, wrongdoers should not be punished at all.

Accepted Answer

Retentionists, who support the retention of capital punishment or other forms of punishment, generally believe that wrongdoers should be punished, often to deter crime, provide retribution, or incapacitate the offender, rather than not punishing them at all.

Question 3

For many retentionists, the only necessary justification for the type and degree of punishment is what the criminal deserves.

Accepted Answer

Retentionists, who support the retention of the death penalty, often argue that the punishment should be proportional to the crime, focusing on the concept of "deservedness" based on the severity of the offense.

Question 4

A study released in 2014 suggests that an untold number of innocent people have been executed since 1973. Retentionists would reply to these statistics by insisting that this does not show anything intrinsically wrong with capital punishment, but only how it is administered.

Accepted Answer

Retentionists, who support the use of capital punishment, often argue that issues with wrongful executions do not inherently condemn the practice itself but rather highlight flaws in the judicial process that need to be addressed.

Question 5

Consider this assertion, common in debates on capital punishment: the unjust administration of a punishment does not entail the injustice of the punishment itself. This view is most likely espoused by

Accepted Answer

Retentionists, who support the continuation of capital punishment, are most likely to argue that the unjust administration of a punishment does not necessarily mean the punishment itself is unjust. This perspective allows them to advocate for the death penalty while acknowledging and potentially addressing issues in how it is applied.

Question 6

Suppose the state of Ohio wanted to execute a boy who was fifteen when he murdered his parents. According to the U.S. Supreme Court, such an execution would be unconstitutional.

Accepted Answer

The U.S. Supreme Court has ruled that executing individuals for crimes committed under the age of 18 is unconstitutional, as it violates the Eighth Amendment's prohibition on cruel and unusual punishments.

Question 7

Consider these two premises in a well-known argument: (1) everyone has a right to life (a basic moral principle), even hardened criminals; (2) the death penalty is a violation of this right. The conclusion to this argument is

Accepted Answer

The conclusion logically follows from the premises that if everyone has a right to life and the death penalty violates this right, then executing criminals is wrong.

Question 8

Some argue that the death penalty could encourage violent crime instead of deterring it, that violent criminals who know they are likely to get the death penalty may commit murder to avoid being captured. This argument is put forth by utilitarian abolitionists.

Accepted Answer

Utilitarian abolitionists argue against the death penalty on the grounds that it may not effectively deter violent crime and could, in some cases, encourage it by leading criminals to commit more serious offenses to avoid capture.

Question 9

A man plans to kill his wife, waits for the right opportunity, and does the deed. He would therefore be guilty of first-degree murder.

Accepted Answer

First-degree murder typically involves premeditation and intent, both of which are present in this scenario where the man plans and then intentionally kills his wife.

Question 10

The idea that the punishment should match the crime in kind-that justice demands "an eye for an eye, a life for a life"-is called ________.

Accepted Answer

Lex talionis is the principle or law of retaliation that a punishment inflicted should correspond in degree and kind to the offense of the wrongdoer, as in "an eye for an eye, a life for a life."

Question 11

Suppose a friend of yours says that she's glad a murderer was recently sentenced to the gas chamber, because murderers deserve to die. Her comment implies that she accepts the ________ theory of punishment.

Accepted Answer

The retributive theory of punishment is based on the idea that offenders deserve to be punished for their crimes, often in a manner that is proportionate to the crime they committed. The statement reflects a belief in retribution, as it expresses satisfaction that a murderer is sentenced to death, implying that the punishment is deserved for the crime.

Question 12

Suppose there is strong scientific evidence showing that the execution of criminals deters serious criminal behavior better than lesser punishments such as imprisonment. This data would suggest that the deterrence argument is

Accepted Answer

The deterrence argument posits that harsher punishments, such as execution, can prevent serious crimes by deterring potential criminals. If scientific evidence supports that execution indeed deters serious criminal behavior more effectively than lesser punishments, it strengthens the deterrence argument, making it strong.

Question 13

A utilitarian who wants to argue against the death penalty might be expected to say that

Accepted Answer

Utilitarianism focuses on maximizing happiness and minimizing suffering. A utilitarian arguing against the death penalty might claim that sentencing murderers to life in prison without parole creates more net happiness in society than executing them, as it avoids the moral and ethical issues associated with taking a life, and possibly the suffering of the criminal's family, while still protecting society.

Question 14

Suppose a utilitarian abolitionist argues that the death penalty is too costly to implement in a democratic society. A plausible nonconsequentialist reply is that

Accepted Answer

A nonconsequentialist might argue that the moral correctness of an action (in this case, implementing the death penalty as a just punishment) is not determined by its consequences (such as the financial cost), but rather by whether it adheres to certain moral principles or rights.

Question 15

The issue of forgiving a criminal (for example, commuting a death sentence to life in prison) forces us to confront a contradiction between mercy (giving someone a break) and

Accepted Answer

The contradiction arises because mercy involves leniency or compassion that might not align with the strict application of justice, which is about ensuring individuals receive what they deserve based on their actions.

Question 16

The U.S. Supreme Court has ruled that if a jury were to impose the death penalty without any legal guidance, the practice would constitute

Accepted Answer

The U.S. Supreme Court has ruled that imposing the death penalty without any legal guidance would constitute cruel and unusual punishment, violating the Eighth Amendment of the U.S. Constitution.

Question 17

Evidence conclusively shows that the death penalty is recognized by would-be criminals as a more severe punishment than life in prison. It therefore follows that the death penalty indubitably deters murderers better than life in prison does.

Accepted Answer

Studies and expert opinions are mixed on the deterrent effect of the death penalty compared to life imprisonment, with many suggesting that the death penalty does not significantly deter crime more effectively than life sentences.

Question 18

Delma Banks Jr. was charged with murder; his lawyer failed to vigorously cross-examine an informant testifying against Banks or to investigate the case. Consequently, Banks may not have received a fair trial because of poor representation. If so, a retentionist would argue that the injustice in the conduct of the trial would

Accepted Answer

A retentionist, who supports the use of capital punishment, would likely argue that the fairness of the trial process is separate from the justice of capital punishment itself. They would maintain that the concept and application of capital punishment can still be just, even if there are flaws in the judicial process leading to such a sentence.

Question 19

A common utilitarian argument in favor of capital punishment is that the death penalty

Accepted Answer

The utilitarian argument for capital punishment is that it prevents the criminal from committing further crimes, thus protecting society.

Question 20

The deliberate and authorized causing of pain or harm to someone thought to have broken a law is known as

Accepted Answer

Punishment is the authorized causing of pain or harm to someone who is thought to have broken a law, as a way to enforce laws and maintain social order.

Quiz 18: Capital Punishment