Deck 20: The Death Penalty

Question 1

Talk about:
-Abolitionists

Answer 1

those who believe that the death penalty is not morally justified (and so seek to abolish it where it exists).

Question 2

Talk about:
-Aggravated murder

Answer 2

a murder that is made even more severe by especially violent or harmful circumstances in connection with the murder.

Question 3

Talk about:
-Aggravating conditions

Answer 3

features of a crime that increase its severity or harmful consequences.

Question 4

Talk about:
-Arbitrary

Question 5

Talk about:
-Capital offenses

Question 6

Talk about:
-Capital punishment

Question 7

Talk about:
-Death row

Question 8

Talk about:
-Deterrence theory

Question 9

Talk about:
-Discriminatorily

Question 10

Talk about:
-General deterrence

Question 11

Talk about:
-Just deserts

Question 12

Talk about:
-Lethal injection

Question 13

Talk about:
-Lex talionis

Question 14

Talk about:
-Premeditated

Question 15

Talk about:
-Retributivism

Question 16

Talk about:
-Special deterrence

Question 17

Talk about:
-Unconstitutional

Question 18

Which of the following is not a primary justification for punishment?

A) Retributivism
B) Remission
C) Rehabilitation
D) Deterrence

Question 19

Which of the following is an example of rehabilitative punishment?

A) A judge sentences someone to time in prison to make an example out of them.
B) A judge sentences someone to time in prison because they believe that is what the person deserves.
C) A judge sentences someone to time in prison, hoping it will give them time to reflect and change their life.
D) All of the above

Question 20

Which theory of punishment is not used to defend the death penalty?

A) Deterrence
B) Retributivism
C) Rehabilitation
D) All of the above (All of these are used to defend the death penalty.)

Question 21

Which theory of punishment is not supported on consequentialist grounds?

A) Deterrence
B) Retributivism
C) Rehabilitation
D) None of the above (None of these are supported on consequentialist grounds.)

Question 22

Which of the following is a retributivist justification for the death penalty?

A) Murderers deserve to die and we should give people what they deserve.
B) Murderers will become better people if we execute murderers.
C) Potential murderers will choose not to murder if the death penalty is in place.
D) Otherwise law-abiding people will benefit from the death penalty being instituted.

Question 23

Why does the Incoherence Argument against capital punishment fail?

A) Its premises contradict each other.
B) Its premises are only justified by its conclusion.
C) One of its premises is true by definition.
D) One of its premises is just another way of stating its conclusion.

Question 24

Which argument hinges on the truth of an extreme form of pacifism?

A) The Argument from Discrimination
B) The Killing Innocents Argument
C) The Absolutist Argument
D) The Basic Deterrence Argument

Question 25

Which of the following is not a response to the Argument from Discrimination discussed in this chapter?

A) The argument builds its conclusion into one of its premises.
B) The argument shows that the death penalty is not morally justified in current practice, but it may be justified in principle.
C) There really is no systematic discrimination in today's legal system.
D) The fact that the death penalty is administered in a discriminatory way is not enough to show that we ought to abolish it.

Question 26

Which argument rests on the claim that the legal system is bound to be error-prone?

A) The Argument from Discrimination
B) The Killing Innocents Argument
C) The Absolutist Argument
D) The Basic Deterrence Argument

Question 27

Which of these practices appears to be a counterexample to the claim that if we know that a social practice will result in killing innocents, then it is immoral and ought to be abolished?

A) Manufacturing prescription drugs
B) Building bridges
C) Driving cars
D) All of the above

Question 28

Which of the following is an abolitionist argument?

A) The Argument from Just Deserts
B) The Basic Deterrence Argument
C) Both a and b
D) Neither a nor b

Question 29

A punishment that will hurt the criminal no more than is necessary in order to get the beneficial effect of crime prevention is what kind of punishment?

A) Efficient
B) Expedient
C) Rehabilitative
D) Retributivist

Question 30

Which of the following is an objection to the Basic Deterrence Argument considered in this chapter?

A) There is good data suggesting that potential murderers fear life in prison more than the death penalty.
B) We lack strong data suggesting that the death penalty is needed to deter people from crimes less severe than murder.
C) We lack strong reasons for thinking that the death penalty is an efficient deterrent of murder.
D) We have strong data suggesting that the death penalty is an efficient deterrent of murder.

Question 31

Which of the following is a premise in the Argument from Just Deserts?

A) If murderers deserve to die, then the state must execute them.
B) The state should execute murderers.
C) The state should not execute murderers.
D) If the state executes murderers, then murderers must deserve to die.

Question 32

Which of the following is a problem with the claim that if a person deserves X, then justice demands that they get X?

A) It is possible that capital punishment increases, rather than decreases, the murder rate.
B) Giving people the punishment they deserve sometimes has to take a backseat to other moral concerns.
C) Giving people what they deserve often requires us to expend resources that could be spent meeting other social needs.
D) All of the above

Question 33

The claim that no one deserves to suffer challenges which of these arguments?

A) The Absolutist Argument
B) The Argument from Just Deserts
C) The Incoherence Argument
D) The Argument from Discrimination

Question 34

Some opponents of the Argument from Just Deserts claim that if no one freely chooses to do anything, then

A) no one can be justly punished.
B) no one can commit murder.
C) everyone can be justly punished.
D) murder can be justly committed.

Question 35

Lex talionis is a principle commonly invoked by proponents of which theory of punishment?

A) Rehabilitation
B) Retributivism
C) Deterrence
D) None of the above

Question 36

Lex talionis is fatally flawed because it

A) cannot tell us what many criminals deserve.
B) does not deliver severe enough punishments for serious crimes.
C) helpfully distinguishes between accidental and intentional harm.
D) requires a murderer to understand the suffering of their victim.

Question 37

What does lex talionis recommend as the appropriate punishment for torturers?

A) The criminal should receive the death penalty.
B) The criminal should be rehabilitated.
C) The criminal should be helped to understand the pain of the victim, but not tortured.
D) The criminal should be tortured.

Question 38

When should the state give people what they deserve? Can you identify a principle that answers this question? In light of your answer, evaluate the Argument from Just Deserts.

Question 39

Is the fact that the death penalty is implemented in a discriminatory way be reason enough to show that we should abolish it? Should any policy that is implemented in a discriminatory way be abolished? How much injustice can an institution or practice have before it becomes too corrupt to be permissible? Explain your answers by using an example of another policy that is discriminatory in practice.

Question 40

Which of the abolitionist arguments presented in this chapter do you believe to be the strongest? Explain the premises and conclusion of the argument in your own words. Identify the best option that you think is available to the argument and formulate a response to that objection.

Question 41

The Argument from Just Deserts relies on the claim that murderers deserve to die. What do you believe is the best available argument in support of that conclusion? Contrast the argument you suggest with the principle of lex talionis.

Question 42

Considering the arguments presented in this chapter, should we maintain the status quo with regard to the death penalty? Write an essay in which you make a policy recommendation based on elements from this chapter that you find most compelling.

Question 43

What is van den Haag's position about statistical evidence for the deterrent effect of the death penalty?

A) He thinks the statistical evidence supports the absence of a deterrent effect.
B) He thinks the statistical evidence supports the presence of a deterrent effect.
C) He is skeptical that statistics could provide evidence one way or the other.
D) None of the above

Question 44

Van den Haag thinks the death penalty could only be justified on the grounds that it

A) deters others.
B) does justice.
C) Either a or b
D) Neither a nor b

Question 45

According to van den Haag, someone who wishes to show that the death penalty is not justified would have to show that it does not

A) deter others or rehabilitate criminals.
B) rehabilitate criminals or protect society.
C) protect society or enact justice.
D) deter others or enact justice.

Question 46

Under what circumstances does van den Haag think the death penalty leads to a net gain?

A) The death penalty is imposed with no deterrent effect.
B) The death penalty deters some future murderers.
C) The death penalty is imposed without enacting justice.
D) The death penalty is imposed, and it enacts justice.

Question 47

Under what circumstances does van den Haag think the death penalty leads to a net loss?

A) The death penalty is imposed with no deterrent effect.
B) The death penalty deters some future murderers.
C) The death penalty is imposed without enacting justice.
D) The death penalty is imposed, and it enacts justice.

Question 48

Van den Haag argues that the irrevocability of the death penalty supports a demand for

A) more proof of a deterrent effect than revocable practices require.
B) some reason to expect more deterrence from the death penalty than revocable practices.
C) Both a and b
D) Neither a nor b

Question 49

Van den Haag claims that in implementing the death penalty, we must risk something certain for something uncertain. What is the uncertain thing?

A) The possibility of justice for the convicted murderer
B) The possibility of justice for potential future victims of murder
C) The life or death of the convicted murderer
D) The life or death of potential victims of murder

Question 50

Van den Haag claims that in implementing the death penalty, we must risk something certain for something uncertain. What is the certain thing?

A) The possibility of justice for the convicted murderer
B) The possibility of justice for potential future victims of murder
C) The life or death of the convicted murderer
D) The life or death of potential victims of murder

Question 51

Which of the following does van den Haag suspect is true?

A) We have proof of the positive deterrent effect of the death penalty.
B) The deterrent effect of penalties increases with their severity.
C) We have proof that the death penalty does not deter potential murderers.
D) A six-year prison term has the same deterrent effect as a three-year prison term.

Question 52

Van den Haag claims that we are risking lives

A) whether we impose the death penalty or not.
B) only if we do not impose the death penalty.
C) only if we impose the death penalty.
D) None of the above

Question 53

Van den Haag claims that "we have no right to risk additional future victims of murder for the sake of sparing convicted murderers; on the contrary, our moral obligation is to risk the possible ineffectiveness of execution." Write an essay that critically evaluates this claim.

Question 54

A crucial premise in van den Haag's argument is that the deterrent effect of penalties increases with their severity. Is this claim true? What is the best way to determine if this claim is true?

Question 55

How does van den Haag respond to the claim that the death penalty is different from other penalties because it is irrevocable? How do you think the fact that the death penalty is irrevocable should affect the decision about whether it is ethically permissible?

Question 56

Which of the following does Reiman believe will deter people from murder?

A) Rehabilitating murderers
B) Forgiving murderers
C) Refusing to implement the death penalty
D) Implementing the death penalty

Question 57

Reiman believes that the death penalty could be justified if

A) it was only given to convicted torturers.
B) the murderer were not scared of life in prison.
C) the murderer really deserved it.
D) it was necessary to avoid even worse consequences.

Question 58

Reiman thinks that van den Haag's reliance on common sense in evaluating the deterrence impact of the death penalty

A) is an instance of good reasoning.
B) leads him to the correct conclusion.
C) is justified because the stakes are low.
D) None of the above

Question 59

Reiman argues that we cannot infer that the more feared penalty will deter more people than the less feared unless we know that the _______ feared penalty is _______ enough to deter everyone who can be deterred

A) less; fearful
B) more; fearful
C) less; not fearful
D) more; not fearful

Question 60

Which of the following is a reason why Reiman thinks it's unlikely that the death penalty will deter any potential murderers?

A) Nothing can deter potential murderers.
B) People do not consider risks in as crude a way as van den Haag suggests.
C) There is good evidence that most people would not wear their seatbelts, even if the punishment for not doing so was the death penalty.
D) Anyone considering committing a crime in the contemporary United States is already facing a substantial risk of ending up dead along the way.

Question 61

Which of the following does Reiman claim?

A) The deterrence effect from not executing people may balance out the possible deterrence effect from executing people that van den Haag argued for.
B) The question of potential deterrence is irrelevant to the question of whether the death penalty should be implemented.
C) Van den Haag is right that the greatest possible deterrence would result from implementing the death penalty.
D) Van den Haag is wrong that the death penalty would deter anyone from committing murder.

Question 62

Reiman argues that van den Haag's line of reasoning leads to the conclusion that we should institute

A) the death penalty for lesser crimes than murder.
B) death-by-torture.
C) the death penalty only for people who are afraid of death.
D) the death penalty at random.

Question 63

Reiman claims van den Haag faces a dilemma between which pair of options?

A) Either we should impose the death penalty, or we should torture murderers to death.
B) Either we should not impose the death penalty, or we should not torture murderers to death.
C) Either we should impose the death penalty, or we should not torture murderers to death.
D) Either we should not impose the death penalty, or we should torture murderers to death.

Question 64

Which of the following is not a reason Reiman offers to doubt van den Haag's claim that the death penalty will deter the most people?

A) If van den Haag's argument were sound, we should torture people to death.
B) Refusing to implement the death penalty sends a message that may deter as many or more people.
C) Even if people actually fear death more than other punishments, this fear may not deter them from criminal activity because people assess risk in a crude way.
D) People do not fear death more than they fear the suffering of a life of imprisonment.

Question 65

What is civilization, according to Reiman?

A) The awakening of the human mind
B) The taming of the human species
C) The cultivation of greater retributive justice
D) The deterrence of crime through fear

Question 66

Is Reiman right that execution, like torture, is "too horrible to be done by civilized human beings to their fellows?" Do you agree with Reiman that execution belongs in the same moral category as torture? Why or why not?

Question 67

What is Reiman's vision for human civilization? How does his position on the death penalty advance that vision? How does the message he thinks punishment practices should send differ from the message van den Haag thinks punishment practices should send?

Question 68

Explain the four objections to van den Haag's view about the death penalty's deterrence prospects. Do you think van den Haag could successfully defend his view against these objections? If so, how? If not, why not?

Question 69

Retributivism is the view that the harshness of a punishment should be based on

A) what the criminal deserves.
B) the consequences of carrying out the punishment.
C) the costs of carrying out the punishment.
D) All of the above

Question 70

Primoratz claims that the death penalty is the only penalty that is

A) an effective deterrent to murder.
B) proportional to murder.
C) cost-effective when it comes to punishing murderers.
D) All of the above

Question 71

How does Primoratz respond to the objection that there is a chance that innocent people will be executed?

A) He denies that this ever happens.
B) He admits that this is a good reason to prohibit capital punishment in our society.
C) He admits this but claims that it would still be unjust to abolish capital punishment.
D) He points out that innocent people are killed by all sorts of permissible activities.

Question 72

The claim that execution is proportional to murder relies on the assumption that all human lives are roughly equal in

A) happiness.
B) duration.
C) accomplishments.
D) None of the above

Question 73

According to Primoratz, why can a murderer not claim a right to life for themselves?

A) They have denied another person that very right.
B) They have done something immoral and hence have no rights.
C) Only another person can claim such a right for them.
D) There's no such thing as rights.

Question 74

According to Primoratz, why do we treat all human lives, qua human lives, as equally valuable?

A) The values of people's lives demonstrably are equal.
B) If we did not, then we would have to give up the principle of equality of people under the law.
C) There are no important differences between people's lives.
D) All of the above

Question 75

Which of the following does Primoratz offer as a response to the objection that the death penalty is applied in a discriminatory way?

A) The death penalty has not actually been applied in a discriminatory way.
B) It is not an objection to the death penalty, but an objection to our application of it.
C) Discriminatory outcomes are not necessarily indicative of discriminatory treatment.
D) All of the above

Question 76

According to Primoratz, a punishment is proportional only if it

A) treats the wrongdoer just as the wrongdoer treated their victim.
B) deprives the wrongdoer of the same amount of value as that which he deprived their victim of.
C) ensures that the wrongdoer will not do the same wrong again in the future.
D) None of the above

Question 77

Why doesn't Primoratz think that capital punishment violates the criminal's right to life?

A) He doesn't believe in the right to life.
B) He believes in the right to life but claims that it is not absolute.
C) He claims that by killing someone, a murderer has forfeited all their rights.
D) None of the above

Question 78

How does Primoratz respond to the objection that executing a young person is not proportionate to the murder of an elderly person?

A) He admits that capital punishment may not be justified in that case.
B) He asserts that we should treat all lives as equally valuable.
C) He claims that anyone who would murder an elderly person has no claim to proportionate punishment.
D) None of the above

Question 79

Explain the retributive theory and contrast it with other theories of punishment. What are some of the retributive theory's advantages? What are some of its disadvantages? Ultimately, what theory of punishment strikes you as most plausible? Why?

Question 80

Many people claim that the death penalty is intrinsically immoral, either because they believe killing is always wrong or because they believe it is hypocritical to execute people for committing murder. How does Primoratz respond to these objections? Do you think his responses are adequate? Defend your answer.