philosophy exam 2

Give a clear accurate statement of Reiman's reasons for thinking that refusal to execute has a civilizing effect and teaches the wrongfulness of murder.

A. Accounts for the failure to show that the death penalty has an increased deterrent effect B. There is a deterrent effect from not executing criminals.

Give a clear accurate statement of Reiman's reasons for thinking that Van Den Haag's argument proves too much.

-We must assume that if one punishment is more feared than another, it will deter criminals who are not deterred by a less fearful punishment. -Van Den Haag's arguments implies that we should institute death by, for instance, the Judas Cradle or Crocodile Shears if it is a more fearful punishment.

i) Give three examples of "serious errors" that are the result of incompetent defense lawyers.

1. According to an investigation by the Chicago Tribune, 12% of those sentenced to death from 1976-1999 were represented by, "an attorney who had been, or was later, disbarred or suspended--disciplinary sanctions reserved for conduct so incompetent, unethical or even criminal that the state believes an attorney's license should be taken away." 2.An investigation by the Texas Defender Service found that, "Death row inmates today face a one-in-three chance of being executed without having the case properly investigated by a competent attorney and without having any claims of innocence or unfairness presented or heard." 3. News found that nearly one in four condemned inmates had been represented at trial or on appeal by court-appointed attorneys who have been disciplined for professional misconductat some point in their careers.

iii) Give a clear accurate statement of the stages of judicial review in death penalty cases. Your answer should also include: a) the overall error rate and the percentage of error b) the average length of time it takes to determine whether a case is error free c) the two main implications—discussed by James S. Liebman, Jeffrey Fagan, Valerie West, and Jonathan Lloyd— that all of this has.

1. Direct Appeal 2. State Post-Conviction 3. Federeal Habeas Corpus 68% 7years 1. Costly reversals indicate a misuse of financial resources. 2. Public faith in the courts is a casualty.

iii) Give a clear, accurate explanation of Nathanson's two arguments against The Law of Retribution.

1. Does not provide a measure of moral desert (or what someone morally deserves). 2. Does not provide an adequate criterion for determining appropriate levels of punishment *The principle renders inappropriate verdicts on punishment, such as raping rapists or torturing torturers. And in other cases it tells us nothing at all about how to punish, such as in cases of embezzlement, drunk driving, prostitution or practicing medicine without a license

Give three examples of facts related to poverty which would appear to be unjust

1. Nearly 1/2 of the world's population — more than 3 billion people —live on less than $2.50 a day. 2.According to UNICEF, 22,000 children die each day due to poverty. 3. Preventable diseases like diarrhea and pneumonia take the lives of 2 million children a year who are too poor to afford proper treatment.

i) Give a clear accurate statement of Reiman's reasons for thinking that the view that "a penalty that is feared more is a better deterrent" is mistaken.

1. One penalty that is feared more than another is not necessarily a better deterrent.I We tend to assume that death is more likely than life imprisonment. A. If the probability of death or life imprisonment is equal, life imprisonment poses as much of a deterrent threat. B. But even if life imprisonment does not pose as much of a threat, it may still pose enough of a threat.

ii) Give a clear, accurate statement of the two views presented in class on how a punishment might "fit" the crime.

1. The Law of Retribution (lex talionis): For a punishment to fit the crime, the same kind of action must be done to the wrongdoer that he or she did to the victim(s). 2. The Principle of Proportionality: The punishment should be in proportion to the crime.

Give an example of a "serious error" resulting from suppression of evidence by the prosecution.

A Louisiana prisoner got the death verdict because prosecutors withheld evidence and the coerced an adolescent to falsely implicate the Mr. Michael Wearry in a murder.

Give a clear accurate explanation of John Rawls version of Social Contract Theory. Your answer should include: a) a clear accurate explanation of justice as fairness b) a clear accurate explanation of the original position c) a clear accurate explanation of the veil of ignorance d) a clear accurate explanation of the principle of equal liberty e) a clear accurate explanation of the difference principle

Correct moral principles are ones that result from some sort of social agreement—whether the agreement is conceived as being actual or hypothetical. a) the principles of justice are those principles that free and rational persons would accept in an initial position of equality. b) hypothetical scenario where everyone is deciding on guiding social principles with the intention of advancing their own interests. c) individuals in the original position are ignorant of, for example: 1. Their place in society 2. Their social status 3. How talented they are compared to others 4. Their conception of the good d) I have the right to as much liberty as is possible without compromising the liberty of others e) Inequalities are to be arranged so they are to everyone's advantage and attached to positions and offices open to all.

iii) Give a clear accurate account of the "We're all entitled to our beliefs" objection to Singer and Singer's response

If someone lit a cat on fire for fun, most of us probably wouldn't think that this is permissible because the person is "entitled to their beliefs". And if we reject moral relativism in some cases, we should reject it in all cases.

Give a clear accurate explanation of Nathanson's discussion of the principle of proportionality. Your answer should include: a) his view on how we determine whether a punishment is in proportion to a crime. b) his view that the principle of proportionality doesn't require the death penalty.

It is better than Law of Retribution because it is general and can handle all crimes but doesn't require barbaric punishments. To determine where a punishment is in proportion, Rank crimes in order of seriousness, then contract a scale of punishments and correlate it to the rankings. b) Does not require death penalty because it doesn't tell us what the most severe punishment should be. Perhaps it should be a lengthy prison sentence.

) Give a clear, accurate explanation of Singer's drowning child thought experiment.

On your way to work you pass a small pond and see a young child who seems likely to drown if you don't wade in and pull him out. If you pull him out, though, you will ruin your new shoes, dirty your suit, and be late for work.

i) Give a clear, accurate statement of the Retributive Theory of Punishment.

R1: What morally justifies punishment of wrongdoers is that those who break the law deserve to be punished. R2: The punishment for a particular offense against the law should "fit" the crime.

iv) Give a clear accurate explanation of the ratchet effect

P1: Population is at "carrying capacity P2: Overpopulation occurs P3: An emergency in the form of a natural disaster occurs and serves as a check on the population. Without aid this system would just repeat itself. However, with aid from the world food bank, the cycle would still repeat but it would result in a collapse of the whole system because sharing would institute a ruinous system of the commons. population continuously exceeds carrying capacity due to aid. Leads to catastrophic collapse of whole system

i) Give a clear accurate statement Hardin's Lifeboat Metaphor. Your answer should include: a) a clear accurate statement of the unlimited sharing option b) a clear accurate statement of the selective sharing option c) and a clear accurate statement of the no sharing option.

Rich nations are lifeboats full of rich people and poor nations are (much more crowded) lifeboats full of poor people. Due to overcrowding, people in the poor lifeboats begin to fall into the sea. They swim in the water hoping to be admitted on a rich lifeboat or otherwise benefit from its "goodies" a) Let all 100 on the boat. Now have 150 people on a boat that has a 60 person carrying capacity. The boat is swamped, everyone drowns. Complete justice, complete catastrophe. b) The boat has an excess capacity of 10, so 10 could be admitted. But which 10 do we let in? First come, first served? The neediest? The best? What do we tell the other 90? Whatever decision we make would be arbitrary. c)3. No sharing Nobody is let on the boat and so survival of people on the lifeboat is possible. Hardin argues for the this option by enriching the metaphor with real world issues.

iii) Given a clear accurate explanation of the World Food Bank proposal

The problem is that opening a world food bank only perpetuates the problem. Countries will take from it when they need and not be motivated to save resources since whenever they are in need they can easily be bailed out.

ii) Give a clear accurate explanation of the Tragedy of the Commons

Under a system of private ownership, a person who owns property recognizes that it is their responsibility to take care of it. If they don't, they suffer. Suppose a pasture is run as a commons to all. It only takes one person to ruin this by overloading the commons. Mutual ruin would ensue. This is the core of the tragedy of the commons.

ii) Give a clear accurate statement of Reiman's reasons for thinking that the view that "the risk of death by execution deters" is mistaken.

We tend to think that the risk of death by execution deters. But: 2. Criminals already face the risk of death by a police or civilian. 3. Refusal to execute has a civilizing effect and teaches the wrongfulness of murder.

) Give a clear accurate statement Singer's philosophical argument that has as its conclusion that if you do not donate to aid agencies, you are doing something wrong.

if it is in your power to prevent something bad from happening, without sacrificing anything nearly as important, it is wrong not to do so.