Legal theorist: Only two types of theories

Answer choices

1. A

   Unsupported8% picked this

   No rehabilitationist theory holds that punishing an offender is an acceptable means to

   We don't know much about rehabilitationist theories. We know that they are one of two acceptable types of theories of sentencing, but we have no information about whether any of them believe that punishment can be a way of reforming.

   8%
2. B

   Unsupported18% picked this

   Reforming a repeat offender sometimes requires giving that offender longer sentences for the repeat offenses than

   This goes way beyond anything we talked about. We know basically nothing about "reforming a repeat offender". We only know that Rehab theories think that sentencing should be a way to reform the offender. There's no way to derive from that idea that "Rehab theories think that you sometimes have to give a repeat offender a longer sentence in order to reform them".

   18%
3. C

   Opposite of Right Side7% picked this

   Any rehabilitationist theory that holds that criminals should receive longer sentences for repeat offenses than for an initial

   We only have the means to prove that things are not acceptable. None of the information provided lets us conclude that something is acceptable, so as soon as we see that this answer is trying to prove that something is acceptable, we can dismiss it.

   7%
4. D

   Opposite of Right Side19% picked this

   All theories of criminal sentencing that conform to the principle that the harshness of a punishment should be proportional to the seriousness

   We only have the means to prove that things are not acceptable. None of the information provided lets us conclude that something is acceptable, so as soon as we see that this answer is trying to prove that something is acceptable, we can dismiss it.

   19%
5. E

   Correct49% picked this

   A theory of criminal sentencing that holds that criminals should receive longer sentences for repeat offenses than for an initial offense is acceptable only

   Why this is right

   This is rewarding the inference we made that "the theories talked about in the last sentence are unacceptable", but in a very complicated fashion. Since our only options for acceptable theories are rehabilitationist or retributivist, we can say that a theory is acceptable only if it's rehabilitationist or retributivist. But we were also told that retributivist theories are not allowed to punish repeat offenders more than first time offenders, because retributivist theories are acceptable only if they follow the principle that Punishment is proportional to Harm. A retributivist theory that holds that criminals get longer sentences for an offense if it's a repeat offense than if it's their first offense is violating this principle and thus unacceptable. So a theory that believes in this "longer sentence for repeat offenders" idea would be acceptable only if it's a rehabilitationist theory. This answer isn't saying that if it is a rehab theory, it will be acceptable. It's saying that if it isn't a rehab theory (and therefore is a retrib theory), then it won't be acceptable.

   Skill tested: Must be True · how this choice captures the argument's function is the move to repeat next time.

   49%