Chapter 11 Questions

. Which of the following is not a requirement on the definition of "legal punishment"?

It must be for an offense against legal rules.

It must involve unpleasant consequences.

It must not necessarily be of an actual or supposed offender.

It must be intentionally administered by human beings other than the offender.

. According to consequentialist theories of punishment, a lawbreaker should be punished only if

the punishment would likely produce as much overall intrinsic value as would any other alternative punishment.

the punishment is consistent with treating the person as an end in him- or herself.

the punishment is proportional to the wrongness of the crime.

all of the above

. According to Nathanson, criminals who commit murder forfeit their right to

life.

respect.

privacy.

humane treatment.

. One message that Nathanson argues we can send by abolishing the death penalty is that

we respect the dignity of human life.

there are some penalties worse than death.

there is no punishment that is proportional to murder.

none of the above

. Van den Haag thinks that we can't know whether a murderer who receives the death penalty

is justly punished.

suffers more than the victim.

is morally degraded.

is punished excessively.

. Reiman suggests that the refusal to execute criminals teaches

the wrongfulness of murder.

that the death penalty is a better deterrent than life imprisonment.

that criminals already face the risk of death.

that criminals are usually undeterred by the chance of receiving the death penalty.

. Which of the following is not one of the potentially negative consequences of imposing the death penalty?

the prevention of future murders

great financial cost

the incitement effect

the execution of innocent persons

. The consequentialist approach to punishment is at odds with

retributive theories of punishment.

perfectionist theories of punishment.

legal theories of punishment.

preventive theories of punishment.

. In response to the argument that the death penalty does not deter murderers, van den Haag claims that

he is still confident that the threat of the death penalty at least sometimes prevents murder.

criminal law is supposed to protect the innocent over murderers.

the severity and finality of the death penalty is appropriate to the seriousness and finality of murder.

all of the above

. Nathanson proposes a form of retributivism that requires all of the following except

a list of crimes ranked according to their seriousness.

a scale of punishments that correspond to the seriousness of certain crimes.

treating criminals humanely.

the death penalty for the most serious crimes.

. One of the messages Nathanson believes we can send by abolishing the death penalty is that

criminals deserve inhumane treatment.

killing in self-defense is never morally justified.

we should have respect for the dignity of human beings.

murderers should be killed by the state.

. Van den Haag responds to the "miscarriages of justice" objection by claiming that

miscarriages of justice are offset by the moral benefits and usefulness of doing justice.

there have been no miscarriages of justice, in the sense used in the objection.

miscarriages of justice are inevitable and so irrelevant.

none of the above

. Reiman could be described as a(n)

consequentialist

believer in the principle of equality

abolitionist

retentionist

. According to Metz, what is wrong with consequentialist arguments against capital punishment based on African values?

It is unclear as of yet whether or not capital punishment deters harm to the community.

It is unclear as of yet whether or not capital punishment deters harm to any individuals.

Consequentialism is not supported by African values.

Even though consequentialism is supported by African values, no consequentialist arguments framed in terms of African values have been offered.

. On Metz's view, what kind of punishment is justified for wrongdoers?

Harmful punishment that is proportionate to the harm done by the wrongdoing.

Unfriendly action that is proportionate to the unfriendly wrongdoing, aimed at correcting the wrongdoing.

Degradation proportionate to the degrading impacts of the wrongdoing.

All of the above.

. The retributive theory of punishment is incompatible with the notion of "an eye for an eye."

True

False

. According to Reiman, criminals would face the risk of death even without the death penalty.

True

False

. Nathanson believe that criminals deserve to be treated humanely.

True

False

. Error rates in capital cases have decreased over time.

True

False

. The average wait for a decision about whether a capital case is error-free is around seven years.

True

False

. Legal punishment does not necessarily need to involve pain or unpleasant consequences.

True

False

. According to Reiman, if we follow van den Haag's reasoning about deterrence, then we should institute death by torture to further deter murder.

True

False

. A retributive theory of punishment requires that murderers receive the death penalty.

True

False

. Van den Haag does not believe that the death penalty is a better or worse deterrent than other forms of punishment.

True

False

. Reiman believes that the death penalty is a better deterrent than other forms of punishment.

True

False

. Liebman et al. claim that reversals of death sentences indicate a misuse of _________ resources.

. The principle of punishment commonly known as "an eye for an eye" is also known by the Latin name _________.

. Van den Haag believes that the death penalty is no less or better a _________ than other forms of punishment.

. According to Reiman, the refusal to execute criminals teaches the _________ of murder.

. The judgments in _________ percent of capital cases are overturned because of serious errors.

. As of 2012, the death penalty was legal in _________ U.S. states.

. Nathanson rejects Kant's view of _________ retributivism.

. Van den Haag argues that there is no reason to think that the death penalty is _________.

. One of the reasons Reiman gives for why we should doubt our common-sense intuitions about the death penalty is that criminals already _________.

. Metz argues that the argument against capital punishment based on the right to life as grounded in _________, the Ngumi term for "humanness" fails.

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