Exam 3 - punishment

Question 1

Was Van Den Haag for or against CP?

Answer 1

For it, big time.

Question 3

Who is the “let them hang” guy?

Answer 3

Van Den Haag

Question 4

What does Van Den Haag say about distribution of CP?

Answer 4

It doesn’t matter if it is unequal. Even if only a percentage who deserve it get it, and even if there’s a clear bias, for example race or socioeconomic, those who get it deserve it no less

Question 5

According to Van Den Haag, what is the most grievious maldistribution of the death penalty?

Answer 5

When it is enacted on the innocent.

Question 6

What is a backward looking argument?

Answer 6

Retributivism

Question 7

What’s a strong argument against retibutivism?

Answer 7

Punishment doesn’t undo the harm done to the victim. Others are making sure retrubution fits the crime which is hard to pinpoint in terms of suffering.

Question 8

According to retributivism

Answer 8

A perpetrator should be punished as a way of achieving satisfaction or restitution, even if it does the perpetrator or others no good.

Question 9

A common opposition to retributivism is

Answer 9

It condones revenge. If a family of a victim gets emotional satisfaction only, but nothing actually beneficial comes of it otherwise, is it worthy and anything less than revenge?

Question 10

A counterpoint to calling retributivism revenge only is

Answer 10

A sense of duty to carry out punishment which requires justice be done.

Question 11

One solution to the problem of whether to use retribution or deterrence is

Answer 11

To use both. But this creates unique challenges. For example, making sure jury verdicts are unanimous to deliver retributive punishment. But that could run the risk of letting some guilty go free if the standard of guilt has to be extremely high.

Question 12

A key element of our legal punishment system and practice is

Answer 12

the link between punishment and responsibilty. The retributivist believes responsibility is essental for punishment, and it is unjust to punish those who are not responsible for a crime.

Question 13

The retributivist believes responsibility is

Answer 13

essental for punishment, and it is unjust to punish those who are not responsible for a crime.

Question 14

An alternative to deterrence and retributivism is

Answer 14

Restorative justice through which the perpetrator heals the damage he or she has caused. This is known to reduce recidivism.

Question 15

Thus, from Singer’s standpoint, animal interests should be considered because

Answer 15

there is no non-speciesist way to draw the line between animal interests and human interests.