Question 1

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

Accepted Answer

Shaw's argument aligns with the utilitarian perspective that punishment deters crime, thereby benefiting society by reducing overall criminal activity.

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.

Accepted Answer

Shaw's argument aligns with the general theory of deterrence, which suggests that punishment can prevent future crimes by discouraging both the punished individuals and others from engaging in similar unlawful behavior.

Question 3

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

Accepted Answer

Deterrence theory justifies punishment as a means to prevent future crimes, not as a morally appropriate response to wrongdoing. The latter is more aligned with retributive justice.

Question 4

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

Accepted Answer

The answer of Shaw argues that the severity of the...

Question 5

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

Accepted Answer

The answer of Van den Haag's defense of capital punishment...

Question 6

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

Accepted Answer

Van den Haag argues that individuals who commit crimes knowing the potential consequences, such as the death penalty, are not treated unjustly if they receive that punishment.

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.

Accepted Answer

Reiman argues that while capital punishment may be a just response to murder, it is not necessarily the right course of action to take, suggesting that justice does not always require enacting deserved punishments.

Question 8

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

Accepted Answer

Reiman argues that by refusing to execute, society demonstrates a commitment to the value of human life and the wrongfulness of murder, suggesting that even those who commit murder should not be subjected to the same act.

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.

Accepted Answer

The Supreme Court ruled that the mentally retarded are not exempt from punishment despite their diminished capacity because they are still responsible for their actions.

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.

Accepted Answer

In Atkins v. Virginia, the U.S. Supreme Court ruled that executing individuals with intellectual disabilities is unconstitutional, as it violates the Eighth Amendment's ban on cruel and unusual punishment.

Question 11

Shaw argues from this theoretical perspective.

Accepted Answer

Shaw is known for his utilitarian approach, which focuses on the greatest good for the greatest number.

Question 12

Which of the following is the basis for retributivism?

Accepted Answer

Retributivism is based on the concept of "desert," meaning that individuals deserve to be punished in proportion to the severity of their wrongdoing.

Question 13

On what grounds does Shaw reject retributivism?

Accepted Answer

Shaw rejects retributivism on multiple grounds, including the lack of practical guidance, the reliance on existing institutional notions, and the idea that punishment involves more than just giving people what they deserve.

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?

Accepted Answer

Van den Haag argues that the distribution of punishment does not affect its justice, that punishments are applied to individuals rather than groups, and that justice is more important than equality, thus rejecting the objection of discrimination.

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?

Accepted Answer

The answer of A compelling argument against the death penalty...

Question 16

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

Accepted Answer

Reiman argues that even if the death penalty is deserved, it does not necessarily mean it should be implemented, emphasizing moral and ethical considerations beyond mere retribution.

Question 17

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

Accepted Answer

Reiman argues that the death penalty should be abolished in the same way that torture has been abolished, as both are considered inhumane and morally unacceptable practices.

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?

Accepted Answer

Reiman responds by arguing that capital punishment is not necessarily more effective as a deterrent because criminals often do not engage in rational cost-benefit analyses, and that even less feared punishments can deter those who are deterrable.

Question 19

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

Accepted Answer

The Supreme Court in Atkins v. Virginia ruled that executing individuals with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments.

Question 20

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

Accepted Answer

The answer of In Atkins v. Virginia, the Court's decision...

Quiz 11: Punishment and the Death Penalty