JUSTICE WORKSHEET

NAME:

FOR EACH OF THE FOLLOWING SITUATIONS, LABEL IT AS “INJUSTICE” OR “NOT INJUSTICE”. EXPLAIN YOUR REASONING FOR EACH ANSWER. YOU’LL NEED TO PUT YOUR ANSWERS ON A SEPARATE SHEET OF PAPER.

1. Some people are born crippled, others are not.

2. A third offense receives a stiffer sentence than a first offense of the same crime.

3. Some criminals are never caught despite the best efforts of the police.

4. A man has two dogs but treats one better than the other.

5. A woman borrowed a dozen eggs from her neighbor. Two weeks later, when she repaid the neighbor with a dozen eggs, the neighbor demanded two dozen. “Eggs cost half as much now as they did two weeks ago!” claims the neighbor.

6. Ten men must die in order to hold off the enemy long enough for one hundred men to escape to safety. The Captain assigns ten men at random for the “suicide mission”.

7. A merchant charges a single price for an item, whether the customer is rich or poor.

8. A national television network refuses to give equal time to seven or eight minor political parties but does air programs by the Democratic and Republican Parties.

9. A handicapped child receives more in his father’s will than do the other children as his father feels he will have greater expenses in life due to his handicap.

10. Some people can afford to go to private hospitals with the best surgeons, others can only afford the county hospital and less skilled surgeons.

EVALUATE THE FOLLOWING ARGUMENTS ON THE BASIS OF JUSTICE AS EQUAL TREATMENT.

A teacher gives her class a ten question essay test. Some students can finish all ten questions in the allotted time, but as time goes on, the teacher sees that not every student will be able to finish before the end of the period. She tells the class to omit the last question. Some students answer it anyway, though the teacher told them it would not count, for if she counts it for some, she must count it for all.

Some students object that:

A) it’s all right to count the tenth question for those who have answered it and not count it for those who haven’t.

B) it is unjust to include the question, because to do so puts a premium on speed, and this wasn’t a speed test.

C) it is unjust to exclude the question, because some students were able to answer it and should get credit for doing so; if some students are slow, the fast students shouldn’t be penalized for it.

CONSIDER THE FOLLOWING CASES IN LIGHT OF THEORIES OF PUNISHMENT:

1) A woman knows she carries the AIDS virus, though in her it is dormant she can pass it on to others. Despite this knowledge, she continues her promiscuous lifestyle, a man she meets in a bar becomes infected by her with the disease and dies. When it comes to light that she knew she was infected but did not tell her partner or take steps to prevent the spread of the disease, she is arrested for murder.

A) Is the AIDS carrier being treated in a just fashion?

B) What punishment might a utilitarian suggest?

What punishment might a retributionist suggest?

What punishment might a restitutionist suggest?

2) Even when a case against a defendant is very strong, the case is likely to be thrown out if evidence is obtained through illegal means. In many other countries, this evidence would be used anyway, on the assumption that anything relevant to the case is important, but the arresting officer might be punished for the illegal actions. Which do you think is preferable? Why?