Crime and Justice Theories

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Questions and Answers

What does retributivism suggest about punishment?

It is only justified if it results in community healing.

It can be disregarded if the offender shows remorse.

It must be proportional to the crime committed. (correct)

It should aim at rehabilitation and protection.

According to Wolff, what is a primary consequence of crime?

Crime builds stronger community ties.

Crime disrupts social order and undermines mutual respect. (correct)

Crime is solely about economic gains.

Crime enhances individual rights.

What is the focus of restorative justice as defined by Zehr?

Punishing the offender for their actions.

Repairing harm and restoring relationships. (correct)

Rebuilding economic stability in communities.

Deterring further criminal behavior through harsh penalties.

What does utilitarianism justify punishment based on?

The resulting outcomes such as deterrence and rehabilitation. Signup and view all the answers

How does Wolff view the role of punishment in society?

It holds wrongdoers accountable and restores disrupted norms. Signup and view all the answers

What is one of the aims of restorative justice mentioned by Zehr?

Rebuilding trust within the community. Signup and view all the answers

Which approach emphasizes moral desert as a basis for punishment?

Retributivism. Signup and view all the answers

What role do facilitated encounters play in restorative justice?

They create dialogue that allows victims to express needs and offenders to take responsibility. Signup and view all the answers

What is one of Zehr's identified needs of victims?

Need for validation Signup and view all the answers

What is the primary purpose of facilitated encounters between victims and offenders?

To promote open communication Signup and view all the answers

What is a criticism of the utilitarian theory of punishment?

It can justify excessively harsh punishments Signup and view all the answers

According to retributivism, how should punishment be determined?

Proportional to the severity of the crime Signup and view all the answers

What does Kant's first version of the categorical imperative emphasize?

Universal maxims for actions Signup and view all the answers

What is a main focus of the utilitarian view of punishment?

Preventing future harm Signup and view all the answers

What is one of the arguments Lichtenberg makes against life sentences?

They prevent the chance of rehabilitation Signup and view all the answers

How should punishment be viewed according to retributivism?

As a deserved consequence of crime Signup and view all the answers

What does the retributive theory primarily ignore, according to its criticisms?

Individual circumstances of offenders Signup and view all the answers

What is a key element that both forms of Kant's categorical imperative uphold regarding punishment?

Punishment should take moral laws into account Signup and view all the answers

In utilitarian punishment theory, how is the effectiveness of a punishment assessed?

By its ability to prevent future crime Signup and view all the answers

What is the relationship between the severity and type of crime in retributivism?

Punishments should align with the crime's severity Signup and view all the answers

What fundamental aspect distinguishes retributivism from utilitarianism?

Deserved punishment based on moral principles Signup and view all the answers

How does the utilitarian view suggest addressing minor offenses?

With rehabilitation-focused measures Signup and view all the answers

What is the primary justification for punishment according to retributivism?

Because the offender deserves it Signup and view all the answers

Under utilitarianism, what is a key consideration regarding the punishment of a murderer?

Whether it serves a practical purpose Signup and view all the answers

According to Noonan’s criterion for personhood, when does personhood begin?

At conception Signup and view all the answers

Why does Thomson argue that abortion does not violate the fetus’s right to life?

The right to life does not include using another's body Signup and view all the answers

What is the primary illustration used by Thomson to support her argument on abortion?

The violinist example Signup and view all the answers

What is Warren's objection to Thomson’s pro-choice argument?

Thomson’s analogy does not apply to fetuses Signup and view all the answers

What distinction does Warren make regarding definitions of 'human being'?

Humans can be defined biologically or by personhood Signup and view all the answers

What argument does Warren present regarding the moral status of a fetus?

It lacks cognitive characteristics necessary for personhood Signup and view all the answers

How does Marquis criticize pro-life views like Noonan's?

They ignore the woman's autonomy and impose burdens Signup and view all the answers

According to Marquis, what makes killing morally wrong?

Deprivation of a future filled with experiences Signup and view all the answers

Why might utilitarianism view punishment as unnecessary in certain situations?

If there is no deterrent or rehabilitative purpose. Signup and view all the answers

What does Thomson imply about the rights of a fetus?

Fetuses cannot force women to sustain their lives. Signup and view all the answers

What central aspect does personhood represent in the abortion debate?

The cognitive characteristics necessary for moral rights Signup and view all the answers

Study Notes

Retributivism, Utilitarianism, and Restorative Justice

Retributivism: Punishment is proportional to the crime, aiming to restore justice.
Utilitarianism: Punishment is justified by its outcomes (deterrence, rehabilitation, protection).
Restorative justice: Focuses on repairing harm and restoring relationships.

Wolff on Crime and Punishment

Crime's negative aspects: Disrupts social order, violates rights, diminishes mutual respect and cooperation.
Punishment's purpose: Restores justice, reaffirms societal norms, deters future crimes.

Zehr on Restorative Justice

Definition: A framework for addressing crime that prioritizes repairing harm and rebuilding relationships.
Aims: Healing for victims, accountability for offenders, and rebuilding community trust.
Methods: Involves victims, offenders, and communities in dialogue to address needs and foster responsibility.

Zehr's Four Needs of Victims and Facilitated Encounters

Four victim needs: Truth, validation, accountability, and safety.
Facilitated encounters: Structured meetings between victims and offenders, guided by a neutral facilitator.
How facilitated encounters help: Provide space for communication, promoting offender accountability, and aiding healing.

Criticisms of Punishment Theories (Murtaugh)

Utilitarian critique: May justify excessive punishment, even if disproportionate to the crime.
Retributive critique: Can lead to rigid, punitive responses lacking consideration for individual circumstances or rehabilitation.

Retributivism

Definition: Punishment should be proportional to the crime, based on the offender's deserved punishment.
Severity: Proportionate to the harm caused. Minor crimes warrant a minor punishment, while serious crimes, a severe punishment.

Kant's Categorical Imperative and Retributivism

Kant's first categorical imperative: Act according to principles universalizable.
Kant's second categorical imperative: Treat humanity as an end, not a means.
Support for retributivism: Criminals deserve punishment because their actions violate moral law and treat others as a means.

Utilitarian View of Punishment

Justification: Punishment prevents future harm through deterrence, rehabilitation, or protection.
Severity: Proportionate to its effectiveness in achieving these goals (e.g., minor punishment for a petty crime, more severe for a serious offense).

Lichtenberg's Argument Against Life Sentences

Argument: Life sentences eliminate possibility of rehabilitation and redemption, assuming individuals cannot change.
Relationship to other views: Aligns with NIJ suggestions that long-term punishment hinders personal growth and rehabilitation.

Shipwreck Scenario: Retributivism vs. Utilitarianism

Retributivism: Punishment is warranted regardless of practical outcome (e.g., rescue).
Utilitarianism: Punishment's purpose is deterrence or rehabilitation; if these are no longer relevant, justification for punishment disappears.

Noonan’s Criterion for Personhood

Criterion: Personhood begins at conception, based on potential for human life.
Abortion in cases of rape: Noonan's view does not allow abortion in cases of rape because a fetus has moral status equal to a person from conception.

Thomson’s Argument on Abortion

Central claim: Fetus does not have an unconditional right to use a woman's body.
Violinist example: A person is forced to support another; this highlights that the right to life does not equal the right to use someone else's body.

Warren’s Objection to Thomson’s Argument

Argument: Thomson's analogy (violinist) overlooks that a fetus is not a person with rights, until certain cognitive abilities are acquired.

Two Definitions of “Human Being” (Warren)

Genetic humanity: Biological human.
Personhood: Having cognitive abilities, such as consciousness and reasoning.
Importance for abortion: Personhood determines if the fetus has rights.

Warren’s Argument That the Fetus Is Not a Person

Argument: Personhood requires cognitive characteristics like consciousness, reasoning, and communication, which a fetus lacks.

Marquis’s Criticism of Pro-Life Views

Argument: Focus on a fetus's potential for future life ignores the harm to a woman's autonomy from restrictions on abortion.

Marquis’s Argument That Abortion Is Morally Wrong

Argument: Abortion is morally wrong because it deprives a fetus of a future of value (experiences, relationships).

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Description

Explore the key concepts of retributivism, utilitarianism, and restorative justice in this quiz. Delve into Wolff's views on crime and punishment, as well as Zehr's approaches to restorative justice. Test your understanding of these important theories and their implications for society.