Term
| Bedau compares capital punishment to: |
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Definition
| self defense for the individual |
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Term
| what does the self defense rule say? |
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Definition
| deadly force is justified only to prevent loss of life in immediate jeopardy where lesser force cannot be expected to save the life that is threatened. |
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Term
| According to Bedau, more violence than is necessary to save the life is not: |
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Definition
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Term
| What are Bedau's two moral principles? |
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Definition
1) If a life is to be risked, better the life of the guilty than one who is not the initial assailant.
2.) Taking of life deliberately is not justified if there is a reasonable alternative. |
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Term
| According to Bedau, does he think that punishment prevents crimes only by incapacitation or deterrence? |
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Definition
| Yes, but he also notes there are also other means to prevent crime. |
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Term
| Whats the problem in killing murderers, to incapacitate them, according to bedau? |
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Definition
| There is no way to know which murderers will kill again. Only way to eliminate horrible crimes would be to execute anyone who might commit such crimes. |
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Term
| According to Bedau, if the justification for execution is deterrence, then: |
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Definition
| their is no measurable evidence that executions deter more than life in prison. |
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Term
| Psychologists have evidence that executions: |
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Definition
| actually incite unstable people to kill. |
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Term
| if one uses a utilitarian argument on the death penalty, what must be considered? |
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Definition
| cost of innocent people, as well as costs of capital trials and appeals. |
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Term
| Even if the death penalty was shown to be somewhat more effective at deterring murder than life in prison, what must we still remember according to bedau? |
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Definition
| we may execute some innocents since we only know what they have been declared guilty of. |
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Term
| what is one big problem with the death penalty according to bedau? |
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Definition
| is it moral to kill 1000 convicted people if that only saves on additional life? |
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Term
| According to Cassell what is the mass market version of the discrimantional practices of the death penalty? |
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Definition
| The death penalty discriminates against african americans ( higher percentage of african americans on death row than in general population. |
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Term
| According to cassell, if african americans are being discriminated against, what should we look at? |
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Definition
| we should look at percentage of murderers, not of general population |
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Term
| According to cassell, african americans getting the death penalty might be a matter of: |
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Definition
| sociology, not discrimination ( poverty, education, etc). |
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Term
| According to Cassel, black killers are: |
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Definition
| no more likely to receive death sentences than white killers, and black who kill white are more likely to be put to death |
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Term
| according to cassell, if one filters out spurious correlations: |
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Definition
| there is no discriminations. ie 85% of police officers killed are white. |
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Term
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Definition
| all people executed in 1999 were poor, high percentage of black killers of white, many mentally ill, some juveniles |
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Term
| according to stevenson, the legal system is flawed by various levels of discrimination between: |
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Definition
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Term
| According to stevenson, the disparity between black and whites becomes : |
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Definition
| more at each level of law enforcment ( arrest, charges, conviction, incarceration) |
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Term
| Does the supreme court think there is racial bias? |
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Definition
| yes, but we must tolerate such bias for capital punishment, since this exists in all punishments. |
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Term
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Definition
1.) race of victim has effect on penalty.
2.) charges for a crime influenced by race
3.) numerous examples of obvious racist beliefs found in statements of law enforcement, prosecuters, judges, even public defenders. |
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Term
| according to warren, claims of moral rights depend on the: |
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Definition
| identification of moral community who have a duty to respect these rights mutually. |
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Term
| according to warren, what is one question you have to answer: |
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Definition
| who qualifies as a member of that community who possess full and equal rights? |
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Term
| According to warren, we must distinguish between: |
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Definition
| human in the moral sense from human in genetic sense, or we fall into question begging about abortion |
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Term
| according to warren potential to becoming human in the moral sense does not: |
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Definition
| does not equate with being human morally. |
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Term
| According to warren, the moral community consists of people, but: |
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Definition
| what defines who counts as a person. |
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Term
| according to warren, person does not equate to: |
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Definition
| being biologically human. |
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Term
| what does warren use as an example? |
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Definition
| An alien, and he usses it to show how we decide if an alien creature should be accorded full consideration by the moral community as a member, or treated as food? |
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Term
| according to warren there are: |
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Definition
| traits that seem to identify persons, if any being lacks all of these than it is certainly not a person |
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Term
| according to warren, genetic humanity is neither: |
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Definition
| sufficient nor necessary for establishing personhood, and thus a claim to full moral rights. |
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Term
| according to warren, people react to images of: |
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Definition
| late term fetuses due to appearance, but this does not give the fetus any moral status in a rational sense. |
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Term
| according to warren, having the potential to become a person may give us some reasons not to kill needlessly, |
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Definition
| but that does not give a right to life. |
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Term
| according to warren, even if a potential person has a prima facie right to life, such |
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Definition
| a right could not outweigh the rights of an actual person ( mother ) |
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Term
| According to warren, a woman: |
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Definition
| is clearly a person in the full moral sense; and thus her rights must always override whatever rights we wish to scribe to a being that is not a person. |
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Term
| According to schwartz, liberals say the deliberate killing of a human being is not wrong in itselfs; it is only killing humans that are: |
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Definition
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Term
| According schwartz , liberals confuse : |
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Definition
| BEING as a person with FUNCTIONING as a person as this moment |
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Term
| According to schwartz, neither a sleeping person nor a being in the womb now display: |
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Definition
| the qualities of a functioning person, but they will in time. |
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Term
| According to schwartz, the fact that a being has not functioned as a person is: |
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Definition
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Term
| Schwartz: liberals point out, the sleeping person has the CAPACITY to function as a person, but |
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Definition
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Term
| According to schwartz, the basic inherent capacity to function as a person may be fully accessible, or it may be latent, as in comas, small children, or even new fetuses, but all are |
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Definition
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Term
| According to schwartz, lacking an ability to function as a person due to lack of : |
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Definition
| development does not show the being is not a person now; it is a developing person. |
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Term
| According to schwartz, even a zygote has all the inherent capacity to function as a person in the future, |
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Definition
| it is merely underdeveloped, so it also a person now. |
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Term
| According to schwartz, this identity is based on: |
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Definition
| the continuity of being, the continuum of essential structure, and a continuum of capacities |
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Term
| according to schwartz: since there is no morally relevant difference between any stage of functioning and it; |
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Definition
| the being is always a person |
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Term
| according to schwartz, there may be persons that are not humans, but |
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Definition
| being human is not just a biological category, being human is sufficient grounds for being a person |
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Term
| According to schwartz, there is no point |
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Definition
| in development where a being becomes a person, it is a person throughout development |
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