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Exam 15: Punishment and the Death Penalty

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Question 1

True/False

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Punishment is externally related to lawbreaking, according to the deterrence viewpoint.

A) True
B) False

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Question 2

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A utilitarian would necessarily be opposed to the restorative justice approach to criminal justice.

A) True
B) False

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Question 3

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A retributivist would uphold a just punishment for certain crimes even if the imposition of this punishment did not deter anyone from committing such crimes.

Retributivists always support a lex talionis view and, thus, always will support the death penalty for murderers (as being a life for a life).

Retributivists would support a not guilty plea for persons who are in fact "insane" for, because of their mental dysfunction, they then are not responsible for what they do.

Label the following examples of reasons for legal punishment as Consequentialist Deterrence (CD), Consequentialist Prevention (CP), or Retributivist (R): Punishment ought to fit the crime.

Indeterminate sentences would be more likely to be favored by those with a retributivist than those with a deterrence viewpoint.

Label the following examples of reasons for legal punishment as Consequentialist Deterrence (CD), Consequentialist Prevention (CP), or Retributivist (R): If we could be sure that a person was going to commit a crime, then we would be doing the right thing to stop this by putting him in prison.

What is the meaning of "lex talionis"?

Punishment is externally related to lawbreaking, according to the retributivist viewpoint.

According to the deterrence argument for legal punishment, any kind of punishment is justified no matter what the consequences.

Label the following examples of reasons for legal punishment as Consequentialist Deterrence (CD), Consequentialist Prevention (CP), or Retributivist (R): It is only right that someone who has broken the law should be punished by the law.

Since 1989, there have been convicts who were found innocent due to DNA testing.

To suggest that capital punishment is a different moral question for nomadic peoples living in tents, or other temporary shelters, than it is for societies with maximum-security prisons, involves what kind of reasoning?

Which country has the highest incarceration rate in the world?

Compare the positions of Mill and Kant with regard to the death penalty. Explain whether each defends or denies that the death penalty is morally justified. Be sure to explain the reasoning behind each of their positions.

The cost of life in prison without parole compared to an execution is

According to consequentialist reasoning, if other measures than imprisonment work better to deter or prevent crime then we ought to use these other measures.

According to your text, how many black high school dropouts are prisoners or ex-convicts by the time they reach their mid-thirties?

Which of the following types of crime will always be difficult to deter?