Legal theorist: Only two types of theories of criminal sentencing can be acceptable—retributivist theories, which hold that the purpose of sentences is simply to punish, and rehabilitationist theories, which hold that a sentence is a means to reform the offender. A retributivist theory is not acceptable unless it conforms to the principle that the harshness of a punishment should be proportional to the seriousness of the offense. Retributivist theories that hold that criminals should receive longer sentences for repeat offenses than for an initial offense violate this principle, since repeat offenses may be no more serious than the initial offense.
Summary
If a theory of criminal sentencing is acceptable, it must be (1) retributivist, OR (2) rehabilitationist.
If a retributivist theory is acceptable, then it MUST conform to the principle that harshness should be proportional to seriousness.
Retributivist theories that hold criminals should get longer sentences for repeat offenses do NOT conform to the principle that harshnes should be proportional to seriousness.
Very Strongly Supported Conclusions
Retributivist theories that hold criminals should get longer sentences for repeat offenses are NOT acceptable (because they violate the principle of proportionality).
A
No rehabilitationist theory holds that punishing an offender is an acceptable means to reform that offender.
The stimulus doesn’t tell us about what any rehabilitationist theory holds. We know that rehab. theories might be acceptable, but we don’t know anything about the specific content of rehab. theories.
B
Reforming a repeat offender sometimes requires giving that offender longer sentences for the repeat offenses than for the initial offense.
The stimulus doesn’t tell us what is required to reform a repeat offender. We know rehab. theories want to reform the offender. But we don’t know what’s required to reform an offender.
C
Any rehabilitationist theory that holds that criminals should receive longer sentences for repeat offenses than for an initial offense is an acceptable theory.
The stimulus tells us what’s necessary for being an acceptable theory — it must be rehab. or retributivist. But we don’t know what is sufficient to make something acceptable.
D
All theories of criminal sentencing that conform to the principle that the harshness of a punishment should be proportional to the seriousness of the offense are acceptable.
The stimulus tells us what’s necessary for being an acceptable theory — it must be rehab. or retributivist. But we don’t know what is sufficient to make something acceptable.
E
A theory of criminal sentencing that holds that criminals should receive longer sentences for repeat offenses than for an initial offense is acceptable only if it is a rehabilitationist theory.
Must be true, because we know that retributivist theories that hold criminals should receive longer sentences for repeat offenses are unacceptable. So if a theory that holds criminals should receive longer sentences for repeat offenses could possibly be acceptable, then it must be a rehab. theory.
define: internalize
Psychology - make (attitudes or behavior) part of one's nature by learning or unconscious assimilation.
acquire knowledge of (the rules of a language).
define: retain
keep in one's memory.
define: internalize
Psychology - make (attitudes or behavior) part of one's nature by learning or unconscious assimilation.
acquire knowledge of (the rules of a language).
define: retain
keep in one's memory.
A
Jason does not know that Kelly’s Grocery buys produce from MegaFarm.
B
Jason buys ingredients from several suppliers besides Kelly’s Grocery, and those suppliers sell only products that are grown without chemical pesticides.
C
At Kelly’s Grocery, most of the produce items that are grown without chemical pesticides carry a label to indicate that fact.
D
None of the farms that supply produce to Kelly’s Grocery use any pesticide that has not been approved by the government as safe for use on food crops.
E
Most people who buy produce at Kelly’s Grocery would never knowingly buy produce grown with any chemical pesticides.