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H RMPS > Morality and justice > Flashcards

Morality and justice Flashcards

1
Q

Different views on morality and justice

A
  • Christian (religious)
  • Buddhist (religious)
  • Utilitarianism (non-religious)
  • Humanist (non-religious)
  • United Nations (non-religious)
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2
Q

Utilitarianism

A
  • a moral theory about what we ought to do and how we should approach ethical dilemmas by thinking about the consequences of our actions
  • a consequence is good when it results in maximum happiness and bad when it produces unhappiness
  • our moral choices should be about getting the greatest good for the greatest number of people
  • a good action has a good consequence
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3
Q

Two types of utilitarianism

A
  • act utilitarianism

- rule utilitarianism

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4
Q

Act utilitarianism

A
  • created by Jeremy Bentham
  • in any situation you should choose the action that produces the greatest good for the greatest number
  • every situation should be looked at individually
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5
Q

Rule utilitarianism

A
  • created by John Stuart Mill
  • version of utilitarianism that says we ought to live by rules that in general, are likely to lead to the greatest good for the greatest number
  • think more in the long-term consequences of an action
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6
Q

Strengths of utilitarianism

A
  • based on clear principles
  • it is democratic (everyone has an equal say)
  • it is natural to think of consequences when you do something
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7
Q

Weaknesses of utilitarianism

A
  • relies on predicting consequences, which might be wrong
  • how do you measure pleasure and pain?
  • there is no protection of minorities
  • can permit immoral acts (e.g. slavery)
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8
Q

Humanism

A
  • growing worldwide group who are non-religious
  • believe in equality
  • they value our personal freedom to live our lives how we want, however our
    actions should not negatively interfere with others
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9
Q

United Nations

A
  • founded in 1945 after World War II to stop wars between countries and tom provide a platform for dialogue
  • came up with the Universal Declaration of Human Rights
  • this consists of 30 articles to keep people safe and ensure that everyone is treated equally
  • Article 1 = all human beings are born free and equal
  • Article 3 = everyone has the right to life, liberty and security of person
  • Article 5 = no one shall be subjected to torture or to cruel, inhumane or degrading
    treatment or punishment
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10
Q

Four purposes of punishment

A
  • reformation
  • retribution
  • deterrence
  • protection
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11
Q

Reformation

A
  • part of the punishment for wrongdoing involves the person learning about what
    they have done wrong and persuading the person not to do it again
  • focuses on making the person a better member of society so they will not reoffend
  • may involve education courses, access to counselling or meeting the victim of their crime
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12
Q

Benefits of reformation

A
  • if it works the person will not commit any more crimes (reduced crime rates and
    costs)
  • when the person is released they may want to help others (like they have
    been helped)
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13
Q

Drawbacks of reformation

A
  • all the time and energy spent on reformation is wasted as most criminals will fall
    back into the same unlawful behaviours again
  • very expensive (money could be spent helping victims)
  • what if prison becomes too attractive and people commit crimes as they believe
    they will have a better standard of living in prison rather than out
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14
Q

Moral issues arising from reformation

A
  • does it actually work?
  • its very expensive
  • prison may become too attractive a prospect
  • those in society may never fully accept reformed criminals
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15
Q

Christian response to reformation

A
  • Christians would support reformation as they believe everyone can change for the better
  • believe that everyone deserves a second chance and forgiveness is a key idea in Christianity
  • there are many Christian organisations that work inside prisons
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16
Q

Buddhist response to reformation

A
  • Buddhists accept that anyone can change
  • the belief in kamma means that you are in control of your choices and actions
  • they believe that everything is constantly changing (anicca) especially humans (anatta) so there is nothing to say someone can’t completely turn their life around
  • the Buddha himself went from a spoilt prince to a selfless being helping thousands
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17
Q

Utilitarian response to reformation

A
  • our moral choices should based on getting the greatest good for the greatest number of people
  • in the long run, protection of society is more likely if the criminal is reformed whilst in prison
  • if reformed the criminal is less likely to reoffend, reducing the suffering of others
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18
Q

Humanist response to reformation

A
  • believe this is the most important purpose of punishment
  • believe all humans are equally capable of good and evil acts
  • believe education and fairness in society leads to good
  • if you are changing someones life for the good in prison they are less likely to reoffend
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19
Q

Deterrence

A
  • the idea a punishment should put people off committing a crime
  • all about making people aware of the consequences of their actions
  • the punishment is often brutal or done publicly to make people aware
  • an example is Bang Kwang Prison in Thailand which has public hangings
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20
Q

Benefits of deterrence

A
  • people will avoid doing wrong as they will have been put off by knowing what will happen to them if they do
  • it comes before the crime and should in theory stop the crime from ever happening
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21
Q

Drawbacks of deterrence

A
  • how can you check if deterrence has worked, how can you tell how many people would have committed a crime if they hadn’t been deterred
  • many crimes are committed in the heat of the moment and deterrents are far from the minds of those who commit them
  • people commit crimes thinking they won’t get caught
  • doesn’t work for career criminals
  • in countries with harsh punishments there is no less crime
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22
Q

Moral issues arising from deterrence

A
  • does deterrence actually work?
    states with the death penalty have a higher murder rate than those without
    crimes are often committed in the heat of the moment
    deterrence value is not the same for everyone (e.g. fines will target the poor more)
  • does the punishment match the crime?
    there is a danger that we make the punishment too harsh considering the severity of the crime
  • every situation is different
    crimes are committed for all kinds of reasons (stealing to feed your family and for personal gain are very different)
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23
Q

Christian response to deterrence

A
  • believe everyone is entitled to fair treatment
  • they would disagree with deterrence as it does not deal with a criminal fairly
  • it doesn’t take into account individual circumstances
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24
Q

Buddhist response to deterrence

A
  • since deterrence is often brutal it will often involve some form of metal or physical suffering for the offender and/or their family
  • Buddhists would much rather punishment focused on compassion and loving kindness
  • they would also worry about the negative kamma generated for those who are doing the punishment (e.g. the executioner)
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25
Q

Utilitarian response to deterrence

A
  • if deterrence works, then its a good purpose of punishment because it will protect the majority by putting the minority (criminals) off committing crimes
  • they would want to see factual evidence that the deterrent is working
26
Q

Humanist response to deterrence

A
  • do agree with deterrence as a form of punishment
  • however, the deterrent value must match the crime committed
  • all punishments should be fair and the individual circumstances of the crime should
    be looked at
27
Q

Protection

A
  • aims to stop people doing harm to themselves or others
  • protects the innocent in society
  • e.g. a restraining order, prison
28
Q

Benefits of protection

A
  • if an offender is in prison, they can’t commit anymore crimes
  • focuses more on the innocent/victim rather than the criminal
  • the majority of people are protected
29
Q

Drawbacks of protection

A
  • unless a prisoner is locked away forever, there is the chance they may recommit when they are released
  • the criminal may come out of prison worse than when they went in as they have been taught “tricks” by other prisoners (radicalisation)
30
Q

Moral issues arising from protection

A
  • not a long term solution
  • society is only protected for a short period of time
  • who requires protection (those who commit crimes are in need of protection as they have only committed crimes when society let them down)
31
Q

Christian response to protection

A
  • the bible teaches “rescue the weak and needy”
  • this would mean Christians support protection as a purpose of punishment as it helps those who are in need (victims)
  • however they may also argue they have a duty of care to protect criminals from themselves, as they often have a number of issues (mental health, drug etc)
32
Q

Buddhist response to protection

A
  • believe that protecting people from further harm is positive
  • would help the people being protected as Buddhism is all about seeking the happiness of all beings
  • it would also help the kamma of the prisoners as they could not do anything to make their situation worse
33
Q

Utilitarian response to protection

A
  • if punishing one person protects the majority then that is acceptable
  • in order to protect society, individuals may have to suffer
34
Q

Humanist response to protection

A
  • Humanists would ask if the proposed punishment is actually effective
  • for example, locking away murderers will protect people as this will reduce further murders
  • however, we also know that offenders are likely to recommit when they are released from prison
  • they would argue to reduce crime, protection should be combined with reformation
35
Q

Retribution

A
  • can be split into two forms; revenge and restoration
  • revenge = when the punishment aims to get back at the offender, the punishment should match the crime (should be of the same severity)
  • restoration = making the offender pay back for what they have done
36
Q

Benefits of retribution

A
  • revenge sends a clear message to people that there will be consequences for their actions
  • can make the victim feel better
37
Q

Drawbacks of retribution

A
  • where does revenge end? where do you draw a line and say enough is enough?
  • doesn’t set a good example
  • what if you get revenge on the wrong person?
  • who decides what the appropriate revenge is?
38
Q

Moral issues arising from retribution

A
  • can two wrongs make a right?
    the person getting revenge does something equally as bad, it could be argued this makes them as bad as the initial offender
  • where does it end?
    creates tit-for-tat wrongdoing
  • it is hypocritical
    how can you teach others not to do wrong, by doing wrong
39
Q

Christian response to retribution

A
  • several different views
  • old testament teaches “an eye for an eye, tooth for a tooth”
  • this teaches revenge is okay as the punishment must match the crime
  • whereas the new testament teaches “turn the other cheek”
  • Jesus is teaching that people should meet hate with love and that we should demonstrate forgiveness no matter what
40
Q

Buddhist response to retribution

A
  • Buddhists would definitely not support revenge
  • the first of the five precepts teaches Buddhists should refrain from causing harm to any living thing
  • seeking revenge, would cause harm either physically or mentally
  • however, the idea for the retribution for wrongs committed is central to the faith
  • no one gets you back as such, instead, your actions produce their own consequences. This is in the form of kamma
41
Q

Humanist response to retribution

A
  • Humanists suggest that the best purpose of punishment is the one that works to reduce or get rid of crime
  • if retribution could be shown to do this, they would support it (however this is unlikely)
  • however, they would not support revenge because decisions about punishment should be neutral and unbiased, the strong emotions associated with revenge would interfere with this
42
Q

Three responses to crime

A
  • capital punishment
  • custodial sentences
  • non-custodial sentences
43
Q

Capital punishment

A
  • practice of executing someone as a punishment for a specific crime
  • can only be used by the government
  • usually only used as a punishment for the most serious types of murder, but in some countries treason, types of fraud and rape are capital crimes
  • the UK has not used capital punishment since 1964, however it is still used in some parts of the USA
  • the most common method in the USA is lethal injection (a deadly cocktail of three drugs is injected into a prisoners veins causing them to die in 12-15 minutes)
  • other methods include hanging, the gas chamber and the electric chair
  • 106 countries have abolished the death penalty
44
Q

Positives of capital punishment

A
  • the person can’t commit more crimes (gives the ultimate protection to society)
  • gives the victim and their family justice
  • will deter others from committing similar crimes (the ultimate punishment)
  • can help with prison costs and overcrowding
  • the death penalty gives prosecutors extra leverage in gaining cooperation from reluctant defendants
  • it doesn’t matter if the person being put to death suffers, they deserve it
45
Q

Negatives of capital punishment

A
  • innocent people can be sentenced to death (process is irreversible)
  • goes against the UN Universal Declaration of Human Rights
  • no evidence it is a deterrent (states which have the death penalty do not have lower murder rates)
  • reformation of the prisoner isn’t possible
  • the state isn’t setting a good example (hypocritical)
  • expensive (more expensive than life without parole because people have access to a number of retrials)
  • offers an easy way out (prison could be seen as worse)
  • miscarriage of justice (Derek Bentley)
46
Q

Moral issues arising from capital punishment

A
  • is it a deterrent?
    in America states that use CP actually have higher death rates than the states which do not use it
  • innocent people may die
    since 1973 more than 180 people have been released from death row when it became apparent they were innocent
    how many innocent people have been executed
  • botched executions
    all the modern methods of execution have the possibility to go wrong, this can lead to an extremely painful and prolonged death
    case study = Angel Diaz took 34 minutes to die and could be seen grimacing in pain, it was found that the drugs were injected into his soft tissue instead of his veins
  • against our human rights
    goes against the UN Declaration of Human Rights
    however it could be argued that when you commit a serious crime you loose these human rights
47
Q

Christian response to capital punishment

A
  • mixed views within Christianity
  • old testament teaches “an eye for an eye” meaning the punishment should match the crime
  • however, others reject it because of Jesus’ teaching “turn the other check”, this supports reformation and second chances which CP does not
  • one of the 10 commandments tells Christians “thou shall not kill”
  • some would argue this does not apply to the government and God has given the state the power to punish those who have done wrong
48
Q

Buddhist response to capital punishment

A
  • the first precept states “abstain from taking life”
  • capital punishment is a direct violation of this
  • Buddhists believe CP is never an act of compassion as it fuels suffering
  • they believe that everyone has the ability to change and CP does not allow this
49
Q

United Nations response to capital punishment

A
  • the UN Declaration of Human Rights sets out rights everyone is entitled to
  • Article 1 = all human beings are born free and equal
  • Article 3 = everyone has the right to life and liberty
  • Article 5 = no one shall be subjected to torture or cruel, inhumane or degrading treatment or punishment
  • CP goes against all 3 of these
50
Q

Utilitarian response to capital punishment

A
  • if CP does effectively deter further crime then that would benefit the majority and would be right
  • they would need to see evidence to support this
51
Q

Custodial sentences

A
  • prison is a correctional facility where inmates are forcibly confined and denied several freedoms
  • the courts will decide the length of your sentence
  • the UK has roughly 100,000 inmates
  • it costs roughly £36,000 a year per prisoner
52
Q

Moral issues arising from custodial sentences

A
  • prison is expensive
    could be spent on better things such as education and drug programmes
  • high reoffending rates
    48% of prisoners return to prison within a year of release
  • prison conditions
    many think prison is too luxurious nowadays with prisoners having access to mobile phones and gyms
  • are prisons safe
    drugs are common within prisons, often making a persons situation worse
    there are also high rates of suicide in prison
53
Q

Christian response to custodial sentences

A
  • they recognise that there is a need for prison as protection for society
  • however, they believe there should be more importance placed on rehabilitating offenders
  • many Christian organisations operate within prisons, this shows they value prisoners and think they deserve the chance to change
54
Q

Buddhist response to custodial sentences

A
  • most Buddhists believe criminals should be punished for their actions
  • they would argue that prison is a good way of protecting society from criminals but also criminals from themselves
  • they believe the prisoner should be rehabilitated whilst in prison
55
Q

Humanist response to custodial sentences

A
  • prefer to make moral decisions based on evidence (would need to see evidence that prison leads to positive outcomes for those involved)
  • currently figures show that 48% of prisoners return to prison within a year of release
  • this would tell humans that although prison is a good form of protection for society, not enough is being done to help prisoners when they are in prison
56
Q

Non-custodial sentences

A
  • two main types; fines and community payback orders (CPO)
  • fines are when you are made to pay a set amount of money to either the government or the victim
  • they are common for low-level crimes like minor driving offences or theft
  • a community payback order combines punishment with activities carried out in the community
  • this could be carrying out 300 hours of unpaid work, which might include removing graffiti or clearing overgrown areas
  • you may also have to adhere to a curfew or attend counselling
57
Q

Moral issues arising from non-custodial sentences (community payback order)

A
  • is it harsh enough?
    the punishment does not always match the crime as there have been cases where people are given community service for sexual assault/rape
  • length of punishment
    CPO’s only punish offenders temporarily, as they are only participating in activities for so many hours a day and the rest of the time they are free (maybe to commit further crimes)
58
Q

Moral issues arising from non-custodial sentences (fines)

A
  • different impact on different people
    fines have a bigger impact on poor people
  • can make things worse
    if someone cannot afford the fine, they may turn to more crime to find a way to get the money
59
Q

Christian response to non-custodial sentences

A
  • would support CPO’s as long as they are based around supporting the offender to become a better person
  • they also believe the CPO must be specific to the individual and their crime
  • would question the value of fining those already in poverty as it might lead to more crime
60
Q

Buddhist response to non-custodial sentences

A
  • Buddhists believe everyone has the ability to change for the better
  • therefore they would support CPO’s as they are mainly focused on helping the offender learn from their mistakes and reform
  • like Christians they would be wary of fining those already in poverty
61
Q

Utilitarian response to non-custodial sentences

A
  • would be open to alternatives to prison which allow for the reformation of an offender, because the offender will be less likely to reoffend, which is beneficial to the majority

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