Please answer the following questions using assigned material only (NO outside sources):
1) (9 Points). A) Using the readings for this week, summarize the concepts of utility, retribution, and the “mixed” theories of sentencing. (Moore is a good source here and should be used but refer and cite to the other readings as well). B) Which theory or mixed theory do you think is used in the United States today, and why? (Anchor your answer in the readings). C) In your view, which punishment theory, or mixed theory, is more persuasive and why? In other words, what punishment theory should be underlying our criminal justice sentencing philosophy, and why?
2) (7 Points). A) What were the main themes from Beccaria (in attached chapters, pgs. 49-50, 74 and 81) and Bentham (pgs. 455-456) concerning BOTH proportion and prevention in sentencing? (Discuss each in turn using the assigned readings). B) Do sentencing practices like “3 strikes” and mandatory minimum sentences fit with these theories, and why or why or not? C) Do “3 strikes” and mandatory minimum sentences fit your preferred theory in Q1C, and why or why not?
3) (6 Points). A) What are the basic facts in the case of Lockyer v. Andrade? (Attached to this module). B) Outline the positions of the majority (Justice O’Connor) and the dissent (Justice Souter). C) Do you agree with the majority (Justice O’Connor) or the dissent (Justice Souter), and why? (Use the punishment theories to justify your answer).
4) (8 Points). In Roper v. Simmons the Supreme Court discusses punishment theories and the death penalty in the context of juveniles, especially at pages 11-12. A) What were the main arguments made by the court to justify its decision? B) How would the punishment theories of utility and retribution (and mixed theories) apply to the death penalty in general, and would it be justified under any or all of those theories? Why or why not? (Please consider each one and cite to the readings where appropriate). C) In your view, should the United States have a death penalty, and why or why not? (I know this is a complex question, but what do you think?) How does this square with your answer to Q1C above?
Each discussion paper should be approximately 5-6 pages in length, excluding cover page. Headings and inserted questions with spaces do not count for this purpose. Those exceeding 6 pages will not be penalized. No abstract or running heads are required for this paper.
Material to support your answers should be cited in-text with page number, and in the reference section using correct APA style. (Use only assigned materials for these papers – no outside sources). Papers should be written with a coherent structure and proper grammar and spelling. They should be double spaced, using 12-point Times New Roman Font with one-inch margins all around.
