CH 18: Capital Punishment

The act of killing (1) with premeditation; (2) Phil performing a major crime (felony) such as armed robbery, kidnapping, or rape; or (3) involving particular egregious circumstances such as the deaths of several people or a child or police officer is generally known as

first degree murder

What is the fundamental moral principle that abolitionists use to argue against the death penalty along nonconsequentialist lines?

human life has value and dignity

A Kantian is likely to argue that sentencing murderers to life in prison without parole creates more net happiness in society than executing murderers would.

false

A utilitarian abolitionist is likely to argue that the death penalty is wrong because it violates basic moral principles

false

According to Louis Pojman, a retentionist argument claiming that the death penalty deters criminal behavior must be backed up by convincing empirical evidence.

false

Consequentialist arguments against the death penalty are impervious to nonconsequentialist criticism.

false

For a proportional retributivist, punishment must resemble the nature of the crime committed.

false

It is an uncontested view that there is racial discrimination in the application of the death penalty

false

It is an uncontested view that there is racial discrimination in the application of the death penalty.

false

The sole justification for punishment is that a wrongdoer morally deserves to be punished

false

The sole justification for punishment is that a wrongdoer morally deserves to be punished.

false

Which of the following is a necessary characteristic of a "capital" crime?

it is punished by execution

According to a retributivist, what is the most important consideration when dealing with criminal offenders.

justice

Kant believes in the principle of respect for persons, life, and human dignity. Why, then, would he support the deliberate taking of a life in the case of the death penalty?

murderers forfeit their rights

retentionist

on who wishes to retain the death penalty

abolitionist

one who wishes to abolish capital punishment

As of 2019, the number of prisoners on death row in the United States was

2,656

Sort the following moral principles into those favored by consequentialists and those favored by nonconsequentialists in making an argument in support of capital punishment

Consequentialist: -deterrence -social utility Nonconsequentialist: -just deserts human dignity

Which of the following countries have officially abolished, or stopped using, the death penalty?

Mexico

capital punishment

punishment by execution of someone officially judged to have committed a serious, or, crime

Those who support the death penalty are called

retentionists

The main nonconsequentialist argument for the death penalty is based on what theory of punishment?

retributivism

An abolitionist is most likely to ask a retentionist to provide more support for their argument from which of the following groups of people:

social scientists

Sort the following into views that would be accepted by retentionists, and views that would be rejected by retentionists

Accepted by Retentionists: -the application of the death penalty is discriminatory -discrimination is morally wrong -execution, unlike other forms punishment, is irreversible Rejected by Retentionists: -the criminal justice system cannot be reformed

Which of the following are utilitarian reasons that an abolitionist might give for opposing the death penalty?

Utilitarian Reasons for Abolition -It increases violence in society -it costs too much to carry out Not Utilitarian Reasons for Abolition: -it is inhumane -it violates absolute moral principles

Some believe that the retributivist view is driven by a sense of vengeance. Sort the following motivations for punishing an offender into those driven by vengeance and those not driven by vengeance.

Vengeance: -grief -frustration -outrage Not Vengeance: -justice

Those who wish to eliminate capital punishment are called

abolitionist

John Stuart Mill is most associated with which argument for retentionism:

deterrence

In 2019, not counting China, what percentage of total worldwide executions took place in Iran, Saudi Arabia, Iraq and Egypt combined?

86%

Which of the following is a reason for abolitionists to oppose the death penalty?

A Reason Given by Abolitionists: -evidence has shown that a small number of people have been wrongfully executed -executions cause pain to those executed there is a racial disparity in the executed Not a Reason Given by Abolitionists: -the death penalty is tremendously unpopular

One premise in a common argument is that if the administration of the death penalty is biased against Black people, it is unjust. Abolitionists take this as good reason to abolish the death penalty. How might a retentionist respond to this argument?

A Response Used by Retentionists: -shift the focus onto the courts Not a Response Used by Retentionists: -point out a logical fallacy -deny that fairness is relevant

What is a consequence of Kant's respect for personal autonomy when it comes to the death penalty?

Being executed is a form of moral respect

Which of the following has been used to provide empirical evidence for the claim that the death penalty is discriminatory against Black people and therefore should be abolished?

Has Been Provided as Empirical Evidence: -disparities in sentencing depending on the race of the victim -the proportion of Black people on death row relative to their overall population -racial disparities in sentencing for the same crime Has Not Been Provided as Empirical Evidence: -the language of death penalty sentencing guidelines

Which of the following thinkers accepts retributivism?

Immanuel Kant

Consider the following argument against the death penalty: If the death penalty discriminates against Black people, it is unjust. If the death penalty is unjust, it should be abolished. The death penalty discriminates against Black people. Therefore, the death penalty should be abolished. Sort the three premises into moral statements and empirical statements.

Moral Statements: -if the death penalty discriminates against Black people, it is unjust -if the death penalty is unjust, it should be abolished Empirical Statements: -the death penalty discriminates against Black people

Which of the following have been reasons that the Supreme Court has limited the use of capital punishment?

Reasons Used by the Courts: -it was being used against the wrong class of criminals -it violates the 8th amendment of the U.S. Constitution Not Reasons Used by the Courts: -it violates the 5th amendment of the U.S. Constitution -it was deemed immoral

Which of the following would be said by a retentionist?

Said by a Retentionist: -"The death penalty deters violent crime." -"Some crimes are so bad that only the death penalty is appropriate." -"Murderers deserve the death penalty." Not Said by a Retentionist: -"I love the death penalty."

Louis Pojman, in supporting the idea of the death penalty as a form of deterrence, appeals to

common sense

Retentionists are most likely to draw on which normative ethical theory?

consequentialism

Utilitarian retentionists can argue for the death penalty by claiming that it brings about a greater net happiness through

deterrence of future crime

In 2014 there were a series of executions by lethal injection that left inmates in excruciating pain for an extended period of time. What worry does this raise when it comes to the death penalty?

that it amounts to cruel and unusual punishment

The two primary forms of justification for punishment are

that one deserves the punishment and that it will bring about good consequences for society

punishment

the deliberate and authorized caring of pain or harm to someone thought to have broken a law

An abolitionist response to the claim that the death penalty deters crime might be that

the evidence for deterrence is very weak

In Ernest van den Haag's argument that the death penalty is an acceptable punishment even without clear evidence that it deters future crime, he claims that it is better to risk

the lives of convicted murderers than those of innocent people

retributivism

the view that offenders deserve to be punished, or "paid back," for their crimes and to be punished in proportion to the severity of their offenses

Consider the following argument against the death penalty: If the death penalty discriminates against Black people, it is unjust. If the death penalty is unjust, it should be abolished. The death penalty discriminates against Black people. Therefore, the death penalty should be abolished. Why does this argument focus on Black people to pose a powerful challenge the moral justification of capital punishment?

they represent the largest segment of minority death row inmates

Abolitionists believe that the system of capital punishment as practiced cannot be disentangled from the morality of capital punishment itself.

true

Abolitionists have argued that even if the death penalty is a more severe punishment than life in prison, that does not mean the death penalty deters murderers better.

true

According to the retributivist view, punishment is a matter of justice, not social utility; criminals deserve to be punished for the crimes they have committed because they are guilty of the crime.

true

It is less expensive to imprison someone for life without the possibility of parole than to put them to death.

true

One premise in a common argument is that if the administration of the death penalty is biased against Black people, it is unjust. If this is interpreted as an argument about the application of the death penalty, then both abolitionists and retentionists would accept this premise as true.

true

Retentionists say that the death penalty protects society from repeat criminals better than any other form of punishment.

true

The Supreme Court declared that mandatory death sentences are

unconstitutional

The Supreme Court has held that the execution of mentally disabled persons is

unconstitutional

What is a common retentionist reply to the abolitionist claim that if the death penalty discriminates against blacks, it is unjust?

unjust administration of a punishment does not entail the injustice of the punishment itself