Deck 11: Punishment and the Death Penalty

Question 1

Shaw argues that the punishment of lawbreakers benefits society as a whole by reducing the amount of criminal activity.

Answer 1

True

Question 2

Shaw argues that punishing lawbreakers discourages them from future crimes and it can also deter other potential wrongdoers from committing the same crime.

Answer 2

True

Question 3

Shaw supports the deterrence theory, the claim that punishment is justified because it is the morally appropriate response to wrongdoing.

Answer 3

False

Question 4

Shaw argues that the severity of the punishment should be proportionate the the severity of the crime.

Question 5

Van den Haag's defense of capital punishment rests on the theory of retributivism.

Question 6

Van den Haag argues that the death penalty is not unjust for those who risk it.

Question 7

Reiman concedes that capital punishment is a just punishment for murder; however, he argues that simply because something is deserved, it does not follow that it should be done.

Question 8

Reiman argues that the refusal to execute says something about the wrongfulness of murder.

Question 9

In Atkins v. Virginia the United States Supreme Court ruled that the mentally retarded are not exempt from punishment despite the fact that they have diminished capacity.

Question 10

In Atkins v. Virginia the United State Supreme Court ruled that although capital punishment is in principle justified, it is not justified in practice because it is administered in a capricious and arbitrary manner.

Question 11

Shaw argues from this theoretical perspective.

A) Theory of Natural Law
B) Utilitarianism
C) Kantianism
D) Social Contract Theory

Question 12

Which of the following is the basis for retributivism?

A) Revenge
B) Desert
C) The greater good
D) The Ten Commandments

Question 13

On what grounds does Shaw reject retributivism?

A) He argues that retributivist notion that criminals should be punished in proportion to the severity of their crime provides little practical guidance.
B) He argues that retributivism rests on notions such as "desert" and "fair play"-but that such notions are parasitic existing institutional arrangements.
C) He argues that there is more to punishment than seeing that people get what they deserve.
D) All of the above

Question 14

One objection to capital punishment that van den Haag raises is that it is inherently discriminatory. On what grounds does van den Haag reject this objection?

A) The maldistribution of any punishment among those who deserve it is irrelevant to its justice or morality.
B) Punishments are imposed on individuals-and not on racial groups.
C) Equality is morally speaking less important than justice.
D) All of the above

Question 15

A compelling argument against the death penalty rests on the observation that innocents have been executed. How does van den Haag respond to this argument?

A) He denies that innocents have been executed-after all, those who receive the death penalty have very long rap sheets.
B) He draws an analogy with war-there are acceptable causalities in war; likewise, there are acceptable causalities in the administration of justice.
C) He notes that almost any human activity-e.g., trucking, lighting or constructions, cost the lives of some innocent bystanders; yet we do not give up these activities.
D) All of the above

Question 16

Which of the following best captures the point of Reiman's paper?

A) The death penalty is a necessary evil.
B) The death penalty is wrong because it is disproportionately inflicted on minorities.
C) The "eye for an eye" justification is mistaken because an eye for an eye leaves the whole world blind.
D) From the fact that something is deserved, it does not follow automatically that it should be done.

Question 17

Reiman argues that like __________, the death penalty should be abolished.

A) Honor killing
B) Female genital mutilation
C) Arranged marriage of minor children
D) Torture

Question 18

Van den Haag argues that the death penalty is more feared than any other human punishment and that the more feared a punishment is, the greater the deterrent impact it will have. How does Reiman respond to this claim?

A) He argues that capital punishment is not an effective deterrent, because criminals already put themselves at risk of death.
B) He argues that there is little evidence that capital punishment works because few criminals engage in a cost-benefit analysis before they commit crimes.
C) He argues that the less feared punishment may still be enough to deter anyone who can be deterred.
D) All of the above

Question 19

The United States Supreme Court decision in Atkins v. Virginia takes up the question of weather __________.

A) The imposition of the death penalty was proportionate to the crime committed.
B) The imposition of the death penalty was disproportionate to penalties imposed for similar crimes in Virginia.
C) The death penalty is "cruel and unusual" and hence unconstitutional.
D) The imposition of the death penalty on a mentally retarded person violates the Constitution.

Question 20

In Atkins v. Virginia, the Court's decision is based on the claim that __________.

A) Mentally retarded persons generally know the difference between right and wrong.
B) Persons under the age of 16 cannot be tried for capital cases.
C) Capital punishment is cruel and unusual and thus in violation of the Constitution of the United States.
D) Capital punishment serves both a retributive and deterrent role in society.

Question 21

Do you think society is justified in punishing criminals? If so, from whence does this justification arise?

Question 22

Is our current criminal justice system justifiable? Or do you think this system needs to be reformed?

Question 23

One objection to the Utilitarian deterrence theory is that there is no way to ensure that the punishment fits the crime. How does Shaw respond to this concern?

Question 24

Do you think criminals "deserve" to be punished? If so, do you think from the fact that criminals deserve to be punished it follows that society is justified in punishing them?

Question 25

Do you think that those found guilty of first-degree murder "deserve" to die? If so, do you think from the fact that they deserve to die that society is justified in killing them?

Question 26

A significantly higher percentage of men receive the death penalty than women. A significantly higher percentage of minorities receive the death penalty than non-minorities. These facts have led many to claim that capital punishment is discriminatory. How does van den Haag respond to this claim? Do you find his response convincing?

Question 27

Van den Haag argues that more people will be deterred by the threat of capital punishment than by any other humane punishment. On what grounds does Reiman object to this claim?

Question 28

Reiman argues that just because a murder deserves to die, it does not follow that society ought to execute the murderer. Consider a parallel claim. Just because a student deserves an "A" on the paper she wrote, it does not follow that the professor should give the student the deserved "A".

Question 29

Reiman argues that the death penalty is as inhumane as torture. Do you think there are cases in which torture is warranted? Was former President George W. Bush justified in permitting waterboarding on suspected terrorists? What is so wrong about torture? What is so wrong about the death penalty?

Question 30

Do you think it is wrong to execute those with diminished intelligence? Is it not equally wrong to execute those with diminished free will, which is a result of either neurological damage or drug addiction? To you think criminals are fully responsible for their crimes? If society continues to allow conditions such as poverty and easy access to drugs and alcohol-conditions that incline individuals toward a life of crime-is society not in part responsible for the crimes that criminals commit?