Preview

Deceptive Arguments

Satisfactory Essays
Open Document
Open Document
319 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Deceptive Arguments
Recognizing Deceptive Arguments Exercise
Carol L. Gaskins
HSM/210
March 16, 2012
Professor Constance Reiss Harvey

Recognizing Deceptive Arguments Exercise 1. The Supreme Court has a greater obligation to protect the rights of victims rather than those of criminals.

Answer: b (categorical statements)

2. It is clear to every intelligent person that the Eighth Amendment to the U.S. Constitution, protection against cruel and unusual punishment, does not bar the use of victim impact statements.

Answer: a (bandwagon)

3. Victim reforms will destroy the constitutional rights of the accused.

Answer: b (categorical statement)

4. The conservative, prejudiced Supreme Court judges are too stupid to recognize the rights of the accused.

Answer: c (personal attack)

5. Every decent lawyer believes the harm a victim suffered because of a defendant should be considered when determining punishment.

Answer: b (categorical statements)

6. Victims have absolutely no rights at all.

Answer: b (categorical statement)

7. Everyone agrees that victim reforms are false promises made by legislators seeking to please voters worried about crime.

Answer: a (bandwagon)

8. The victims’ rights movement developed because victims of crime felt they had no rights in the criminal justice system.

Answer: n (no deceptive argument)

9. Thurgood Marshall, a pro-criminal, bleeding-heart liberal, considers the harm a victim suffered irrelevant in a criminal trial.

Answer: c (personal attack) 10. As Justice John Paul Stevens correctly points out, the defendant should have more rights than the state in a criminal trial.

Answer: d (testimonial)

11. Victim impact statements force juries to base their decisions on emotion rather than on objective facts.

Answer: b (categorical)

12. As Deborah Kelly, chair of the American Bar Association’s Victims’ Committee, accurately concludes, victims’ satisfaction with the

You May Also Find These Documents Helpful

  • Good Essays

    Defense attorney may argue based on two precedents of US Supreme Court - Booth v. Maryland (1987) and South Carolina v. Gathers (1989) and state that this testimony is irrelevant to the crime itself and is not connected to the facts of the case and also victim’s testimony is unacceptable during death penalty cases. But US Supreme Court overruled these two precedents by its decision on Payne v. Tennessee case (1991). This decision holds that testimony on the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment…

    • 542 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Issue: Does the Eighth Amendment prohibit a capital sentencing jury from considering “victim impact” evidence relating to the personal characteristics of the victim and the emotional impact of the crimes on the victim’s family?…

    • 598 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered.…

    • 2382 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Ap Government Court Cases

    • 6581 Words
    • 27 Pages

    4. I disagree with this court decision because I think this was a violation of the fourteenth amendment made by the Supreme Court. I understand why the justices decided as they did, but their duty was…

    • 6581 Words
    • 27 Pages
    Good Essays
  • Powerful Essays

    § If you were the judge presiding over both of these trials, what would you do to more fully promote justice i...…

    • 657 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    Kent Roach “created a third model as a theoretical based for victims’ rights. He referred to it as the victims’ rights model and called for more laws and prosecutions, a greater role for the victim in the trial and more services and support for victims” (2008, p. 113). In his model, he identifies the difference between the punitive victims’ rights model and the non-punitive victims’ rights model. Roach describes that the “punitive approach as one resembling the crime control model because it focuses on the enactment of criminal law, prosecution and punishment as ways to control crime” (2008, p. 113). While the non-punitive model of victims’ rights according to Roach “looks away from the reliance on criminal sanction and punishment and toward the prevention of crime and the restorative justice” (2008, p. 114).…

    • 456 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    PSY328 final proposal

    • 1936 Words
    • 6 Pages

    Pozzulo, J. D., Dempsey, J., Maeder, E., & Allen, L. (2010). The effects of victim gender,…

    • 1936 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    In a criminal investigation case, a victim is usually seeking justice for an offence against them personally. Victims can be involved in the criminal trial in a number of ways, from reporting a crime and assisting police in testifying at a trial as a witness impact statement. However in certain cases a victim can be of significant value in the criminal investigation process as they may be the only witness to the crime. The victim also has the right to maintain their dignity and to be protected from the accused as they may have access to certain information that may be otherwise confidential. The victims’ rights are outlined in the victims’ rights act 1996. Victims also have to right to a victim impact statement, being a voluntary statement written by the victim about the impact of the crime had on them. Although this is only allowed in serious offences and to ensure fairness in particular highly sensitive cases the judge may not allow a victim impact statement, on the grounds to assuring that the emotional content does not persuade the jury and result in a bias verdict. (Case)…

    • 1011 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Victim impact statements made their first appearance in the United States in the late 1970s. The main purpose of a victim impact statement is to portray to the people of the court the affects the crime committed had on you, whether it be emotionally or physically. Often times, the victim impact statements can have some effect on the sentence given to the offender. During today’s times, forty seven states allow some form of victim impact statement to be included in the evidence used during sentencing.…

    • 500 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Restorative Justice Model

    • 524 Words
    • 3 Pages

    Despite the progress that has been made, restorative justice is the subject of much criticism. Organizations that support victims and advocate for their rights have reservations and questions about the model (Reeves, 1989; Roach, 2000). The aim of this article is to present some of the reasons why this model is not immediately accepted as an answer to all crimes or a solution for all victims and offenders. It looks with a critical eye at the principles and practices of restorative justice, particularly from the standpoint of the answers it seeks to provide for victims of…

    • 524 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In __________________ of 1997, Congress asserted victims’ rights to attend proceedings and deliver victim impact statements within the federal system.…

    • 1671 Words
    • 7 Pages
    Good Essays
  • Better Essays

    Court Issues

    • 1359 Words
    • 6 Pages

    Robinson, M. B. (2009). Justice Blind? Ideals and Realities of American Criminal Justice (3rd ed.). Upper Saddle River, NJ: Pearson/Prentice.…

    • 1359 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Research Paper

    • 3851 Words
    • 16 Pages

    Today, the Court recognizes that prisoners do have certain rights. At the same time, however, the Court holds that prisoners do have fewer rights than…

    • 3851 Words
    • 16 Pages
    Powerful Essays
  • Satisfactory Essays

    The Victims Movement

    • 529 Words
    • 3 Pages

    Focusing on the Victims’ Movement and the three goals that it should strive for in the next ten years would have to be first of all eliminating challenges that include race, ethnicity, age, social status, gender, sexual orientation, whether they are citizens or not, and disability. These challenges influence future directions just the same as they have in the…

    • 529 Words
    • 3 Pages
    Satisfactory Essays
  • Best Essays

    Crime and Victimology

    • 2167 Words
    • 9 Pages

    From the beginning of time there have always been crimes against persons. People went by the saying “An eye for an eye”. You stole from your neighbor, they stole from you. You hurt someone, they hurt you. It wasn’t until the 1940’s people started taking a closer look into these crimes against person, which they later called victimology. This paper will look into victimology and their theories as we go back into the past and how victimology is now.…

    • 2167 Words
    • 9 Pages
    Best Essays