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Indicate whether the statement is true or false.
1. A utilitarian would necessarily be opposed to the restorative justice approach to criminal justice.
a. True
b. False
2. Punishment is externally related to lawbreaking, according to the deterrence viewpoint.
a. True
b. False
3. According to consequentialist reasoning, if other measures than imprisonment work better to deter or prevent crime
then we ought to use these other measures.
a. True
b. False
4. Indeterminate sentences would be more likely to be favored by those with a retributivist than those with a deterrence
viewpoint.
a. True
b. False
5. Punishment is externally related to lawbreaking, according to the retributivist viewpoint.
a. True
b. False
6. 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.
a. True
b. False
7. 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.
a. True
b. False
8. Retributivists always support a lex talionis view and, thus, always will support the death penalty for murderers (as
being a life for a life).
a. True
b. False
9. According to the deterrence argument for legal punishment, any kind of punishment is justified no matter what the
consequences.
a. True
b. False
Indicate the answer choice that best completes the statement or answers the question.
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10. What is the meaning of “lex talionis”?
a. Fair and Square.
b. Justice Comes to All.
c. An Eye for An Eye.
d. The Talons of a Lexus are Strong.
11. According to your text, how many black high school dropouts are prisoners or ex-convicts by the time they reach their
mid-thirties?
a. 6%
b. 30%
c. 45%
d. 60%
12. Which of our moral theories is most likely to be used in support of the retribution argument for capital punishment?
a. Categorical imperative
b. Virtue ethics
c. Utilitarianism
d. Relativism
13. Which of the following types of crime will always be difficult to deter?
a. Perjury.
b. Shoplifting.
c. Crimes of bribery.
d. Crimes of passion.
14. Since 1989, there have been _____________ convicts who were found innocent due to DNA testing.
a. 17
b. 88
c. 134
d. 302
15. The cost of life in prison without parole compared to an execution is
a. Slightly higher.
b. Significantly lower.
c. About twice as much.
d. About the same.
16. Which country has the highest incarceration rate in the world?
a. United States
b. Singapore
c. China
d. Russia
17. 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?
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a. Utilitarianism
b. Natural law
c. Relativism
d. Kantian
Indicate one or more answer choices that best complete the statement or answer the question.
18. Which of the following approaches to legal punishment best describes Davis’ decarceration argument?
a. Restorative justice.
b. Deterrence.
c. Retributive justice.
d. Natural law.
Label the following examples of reasons for legal punishment as Consequentialist Deterrence (CD), Consequentialist
Prevention (CP), or Retributivist (R):
19. There should be no legal punishment for crimes that persons are forced to commit for they are not really responsible
for these crimes.
20. While sure and swift punishment may not work for all, it surely works for those who understand the real threat of
being punished if they break the law.
21. Punishment ought to fit the crime.
22. 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.
23. It is only right that someone who has broken the law should be punished by the law.
24. To the extent that a person could not help what they did in committing a crime, his legal responsibility (and
appropriate punishment) is diminished.
25. At least while they are in prison they cannot do any harm to those outside the prison.
26. Some crimes are so horrible that those committing them are appropriately punished with life imprisonment without
parole.
27. Describe the potential arguments against the deterrence approach to legal punishment. Describe the potential
arguments against the retributivist approach to legal punishment. Which do you believe to be the more justified approach:
deterrence, retribution, or some other approach to criminal justice? (Explain and justify your position.)
28. Explain the role of structural bias in Angela Davis’ argument for decarceration. What are some alternatives to
incarceration that Davis suggests? Do you think decarceration is a viable approach to criminal justice? Explain your
position by considering the relationship of punishment to criminal justice.
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29. 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.
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Answer Key
1. False
2. True
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