Whatever Happened to Justice Ch 34

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Questions and Answers

What is one main concern about allowing capital punishment?

  • It eliminates the possibility of a fair trial.
  • Innocent people may be wrongfully executed. (correct)
  • It is the most effective form of rehabilitation.
  • It may lead to an increase in crime rates.

What is one argument against executing criminals?

  • It brings about long-term public support.
  • It helps to maintain prison population numbers.
  • It is costly and does not benefit victims' families. (correct)
  • It serves as a deterrent for future crimes.

What fundamental law is mentioned in relation to capital punishment?

  • Do not encroach on other persons or their property. (correct)
  • Do not impose taxes on the innocent.
  • Do not engage in legislative processes.
  • Do not allow government agency decisions to rule.

Which common law practice was mentioned as a solution to the issue of punishment?

<p>Restitution (D)</p> Signup and view all the answers

How does the text suggest society currently views the obligation of criminals?

<p>A criminal's debt is owed to the government rather than the victims. (C)</p> Signup and view all the answers

What is a potential flaw of the court system mentioned regarding its management of capital punishment?

<p>It is prone to mistakes and mismanagement. (A)</p> Signup and view all the answers

What do the movies mentioned in the text suggest viewers consider?

<p>How common law could have addressed the crimes. (A)</p> Signup and view all the answers

Why might some people feel indifferent to what happens to a convicted murderer?

<p>They desire revenge against severe offenders. (B)</p> Signup and view all the answers

What is implied to be a better approach to handling violent criminals as per the discussion?

<p>Restitution to victims over capital punishment. (C)</p> Signup and view all the answers

What overarching theme of the capital punishment debate is highlighted?

<p>The complexities and consequences of legal decisions. (D)</p> Signup and view all the answers

Flashcards

Capital punishment

The practice of putting a convicted criminal to death as punishment for their crime.

Life Imprisonment

Life imprisonment is a sentence where the convicted individual spends the rest of their life in prison, often with no chance of parole.

Revenge

The desire to inflict pain or suffering on someone who has harmed you or someone you care about.

Court Errors

The ability of a court to make mistakes, potentially leading to wrongful convictions and executions.

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Wasteful Execution

The argument that execution is a waste because it prevents the criminal from paying back their debt to the victims' families.

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Debt to Society

The idea that a criminal owes a debt to society, not just individual victims, based on their actions.

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Government Courts

The idea that courts are government institutions, and their actions are not always reliable or just.

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Potential for Redemption

The argument that executing a criminal prevents them from potentially making amends or contributing to society.

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Restitution

The idea that a system of justice based on restitution, where criminals pay back their victims directly, is more just than the current system.

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State Power & Abuse

The concern that allowing the government to execute criminals gives too much power to the state and makes it vulnerable to abuse.

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Study Notes

Capital Punishment: An Unsolved Problem

  • Capital punishment raises the complex question of whether it should be permitted instead of life imprisonment for heinous crimes.
  • The desire for revenge is understandable, yet the process of enacting this revenge through the court system needs examination.
  • Courts are governmental agencies like the post office, welfare or defense systems prone to errors. These agencies, including court systems, often make mistakes.
  • Allowing courts to order capital punishment risks executing innocent individuals.
  • Capital punishment is wasteful; a corpse cannot compensate victims' families for loss.
  • Considering the criminal's debt to the family as an asset, executing them is akin to theft. This violates the principle of not encroaching on others' property.
  • Current legal systems focus on debt to 'society,' represented by the government. A criminal, who commits a murder, owes a debt to society.
  • Common law addressed this issue more effectively through restitution. Today's system relies on majority rule, lacking the balance of common law.
  • Films like The Murder of Mary Phagan (1988) and Twelve Angry Men (1957) provide additional perspectives on this topic.

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