Lesson test: Punishment and desert

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Punishment and desert

1.[2p]
Which justification of punishment needs basic desert?

Retribution

Correct

Deterrence

The answer is: Retribution

Incapacitation

The answer is: Retribution

Rehabilitation

The answer is: Retribution

2.[3p]
What is McCloskey's sheriff case an objection to?

Justifying punishment by consequences alone, which could license punishing an innocent man

Correct

Retributivism, which cannot explain mercy

The answer is: Justifying punishment by consequences alone, which could license punishing an innocent man

Incapacitation, which detains the harmless

The answer is: Justifying punishment by consequences alone, which could license punishing an innocent man

Rehabilitation, which ignores the victim

The answer is: Justifying punishment by consequences alone, which could license punishing an innocent man

3.[3p]
Which constraints come with the quarantine model?

Select all that apply

Detention only for genuine danger

Correct

The least restrictive means adequate to the danger

Correct

An obligation to rehabilitate where possible

Correct

Suffering proportionate to the gravity of the offence

The answer is: Detention only for genuine danger, The least restrictive means adequate to the danger, An obligation to rehabilitate where possible

4.[3p]
What is the strongest objection to the quarantine model?

A persistent minor offender may be more dangerous than a serious one, licensing indefinite detention for small crimes

Correct

It cannot justify detaining anyone at all

The answer is: A persistent minor offender may be more dangerous than a serious one, licensing indefinite detention for small crimes

It requires the offender to deserve punishment

The answer is: A persistent minor offender may be more dangerous than a serious one, licensing indefinite detention for small crimes

It cannot answer the sheriff case

The answer is: A persistent minor offender may be more dangerous than a serious one, licensing indefinite detention for small crimes

5.[3p]
What does the deterrence evidence support?

The certainty of apprehension deters, while sentence severity has little marginal effect

Correct

Longer sentences reliably reduce crime in proportion to their length

The answer is: The certainty of apprehension deters, while sentence severity has little marginal effect

Neither certainty nor severity has any effect

The answer is: The certainty of apprehension deters, while sentence severity has little marginal effect

Deterrence works only for property crime

The answer is: The certainty of apprehension deters, while sentence severity has little marginal effect

6.[2p]
What is Norway's maximum determinate prison sentence, in years?

CorrectNot quite: 21

7.[2p]
In the Bureau of Justice Statistics study of prisoners released in 2005, what percentage were rearrested within three years?

CorrectNot quite: 67.8

8.[3p]
Match each legal landmark to what it did.

The M'Naghten Rules of 1843
The Model Penal Code of 1962
The Insanity Defense Reform Act of 1984
Kahler v. Kansas in 2020

held that no moral-incapacity test is constitutionally required
added a volitional limb about capacity to conform to the law
excused a defendant who did not know the nature or wrongness of his act
narrowed the federal test after the Hinckley acquittal

Show the answer

The M'Naghten Rules of 1843: excused a defendant who did not know the nature or wrongness of his act The Model Penal Code of 1962: added a volitional limb about capacity to conform to the law The Insanity Defense Reform Act of 1984: narrowed the federal test after the Hinckley acquittal Kahler v. Kansas in 2020: held that no moral-incapacity test is constitutionally required

9.[2p]
Later and larger studies confirmed that reading a passage denying free will makes people cheat more.

True

The answer is: False

False

Correct

1.[2p] Which justification of punishment needs basic desert?

2.[3p] What is McCloskey's sheriff case an objection to?

3.[3p] Which constraints come with the quarantine model?

4.[3p] What is the strongest objection to the quarantine model?

5.[3p] What does the deterrence evidence support?

6.[2p] What is Norway's maximum determinate prison sentence, in years?

7.[2p] In the Bureau of Justice Statistics study of prisoners released in 2005, what percentage were rearrested within three years?

8.[3p] Match each legal landmark to what it did.

9.[2p] Later and larger studies confirmed that reading a passage denying free will makes people cheat more.

1.[2p]
Which justification of punishment needs basic desert?

2.[3p]
What is McCloskey's sheriff case an objection to?

3.[3p]
Which constraints come with the quarantine model?

4.[3p]
What is the strongest objection to the quarantine model?

5.[3p]
What does the deterrence evidence support?

6.[2p]
What is Norway's maximum determinate prison sentence, in years?

7.[2p]
In the Bureau of Justice Statistics study of prisoners released in 2005, what percentage were rearrested within three years?

8.[3p]
Match each legal landmark to what it did.

9.[2p]
Later and larger studies confirmed that reading a passage denying free will makes people cheat more.