Statement–Argument — Should a person found guilty of rape be punished with capital punishment? Arguments: I) Yes; severe punishment deters grievous crimes and may change the behavior of would-be offenders. II) No; capital punishment could incentivize the offender to kill the victim to destroy evidence. Choose the strong argument(s).

Difficulty: Hard

Correct Answer: If either I or II is strong.

Explanation:


Introduction / Context:
Penal policy must weigh deterrence, retribution, incapacitation, and unintended consequences. The death penalty for rape is uniquely contentious because it can alter offender incentives.


Given Data / Assumptions:

  • Harsh penalties can deter some offenders, though evidence varies.
  • If the penalty for rape equals that for murder, offenders might murder to silence witnesses.
  • Victim safety and reporting rates are crucial policy metrics.


Concept / Approach:
Argument I is strong: it advances a classic deterrence rationale, prioritizing public safety and moral condemnation. Argument II is also strong: it highlights a perverse-incentive risk that directly undermines victim protection and prosecution success. Both are policy-salient and independently persuasive, so “either” is the correct evaluation.


Step-by-Step Solution:

1) I: evaluate deterrence logic → significant public-interest claim.2) II: evaluate perverse-incentive logic → significant safety/prosecution concern.3) Mark “either.”


Verification / Alternative check:
Some jurisdictions adopt very long non-capital sentences to avoid the perverse incentive while still being severe—illustrating that both concerns matter.


Why Other Options Are Wrong:
“Only I/Only II” suppress the competing, credible concern; “Neither” denies evident stakes.


Common Pitfalls:
Ignoring impacts on reporting when penalties become extreme.


Final Answer:
If either I or II is strong.

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