PHIL CH. 19

What are some capital crimes in Western context?

Rape, murder, kidnapping, sodomy, horse theft, treason, blasphemy, spying, and witchcraft.

What constitutes First-Degree Murder in the USA?

Characterized by premeditation or committed while performing another crime.

What are some circumstances for aggravated First-Degree Murder?

Multiple homicide, killing a child, or killing a police officer.

What is the difference between second-degree murder and manslaughter?

Second-degree murder occurs without premeditation or intent, while manslaughter occurs without premeditation or intent, often in the context of crimes of passion or drunk driving.

What did Furman v. Georgia establish?

This case ruled that punishing individuals with the death penalty is unconstitutional because it violates the 8th amendment if they don’t receive legal opinions.

What is the significance of Woodson v. North Carolina?

It ruled that the death sentence being mandatory violates the Constitution, which led to states enforcing guidelines for the application of penalties

What was the outcome of Gregg v. Georgia?

It ruled that the guidelines for the death penalty upheld the constitution and allowed for capital punishment to be reinstated

What did Atkins v. Virginia establish regarding execution?

It established that executing mentally ill individuals is unconstitutional due to being deemed cruel and unwarranted.

What was determined in Roper v. Simmons?

This case ruled that the death penalty cannot be applied to individuals under 18, as it violates the Eighth Amendment’s ban on cruel and unusual punishment.

What is the abolitionist position on capital punishment?

Abolitionists believe that capital punishment is an unjust form of punishment and advocate for its elimination.

What do retentionists believe about capital punishment?

Retentionists see capital punishment as a justified form of punishment that should be maintained.

How does utilitarianism view capital punishment?

Utilitarianism can support or oppose capital punishment based on its perceived impact on society's best interests.

What do utilitarian retentionists argue in favor of capital punishment?

They argue that it may deter crime by decreasing crime rates and dissuading potential offenders.

What are the arguments from utilitarian abolitionists against capital punishment?

Abolitionists argue that it does not effectively reduce crime, can lead to wrongful convictions, and is often more costly than life imprisonment.

What is Kant's means-end principle in relation to capital punishment?

Kant's principle states individuals should be treated as ends, not means, leading to abolitionist views that capital punishment is immoral.

How do retentionists interpret Kant’s theory regarding accountability?

Retentionists believe treating a person as an end means holding them fully responsible for their actions, justifying the death penalty as a moral consequence.

What is retributivism?

Retributivism is the belief that individuals should receive punishment that is proportional to their crime, avoiding punitive measures based on revenge.

What does Lex talionis refer to in the context of retributivism?

Lex talionis is the principle that a person receives a punishment that matches the severity of their crime.

What is proportional retribution?

Proportional retribution is when a person's punishment balances the severity of their crime, though it can be challenging to determine appropriate punishments.

Punishment

An intentional and permissed infliction of harm on an individual as a response to them breaking the law.

Capital Punishment

The intentional and permissed excecution of an individual who has been convicted of a serious crime