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Paper Three - Punishment (Subject to Revision) Due: Dec. 10 The final paper will be on the philosophical justification of punishment. You will present the theory you think provides the best grounds for justifying punishment while explaining how this is used to support an opinion or dissenting opinion in a Supreme Court case and defending the position from what you see as the most serious criticism. In reviewing this assignment, it is possible to identify three areas your paper must cover. First, your paper must present the argument either a utilitarian/deterrence or retributivist theorist would present for supporting the institution of punishment. You will need to state the position you hold and then present the reasons that support this position and explain why they justify punishment on either the grounds of deterrence or retribution. Second, you will then show how this theory is used by one of the justices in presenting an opinion or dissenting opinion. This will require addressing several points. One is to state the opinion or dissenting opinion of the case you will focus on, and the second is to clearly articulate the argument presented. Third, you will need to identify where in the argument you can identify the philosophical position the justice relies on in the argument. Fourth, you must clarify why the argument of the justice is an example of the particular theory of the justification of punishment you are presenting. Fifth, you must present a criticism of the theory of punishment and explain how you can meet and overcome that criticism. In doing this be sure to clearly state the criticism and explain why it is problematic for the theory. This paper will require two additional sources of information. Finally, before you write the paper, you will be required to submit a prewriting outline of your paper. This must be emailed to my by Friday, Dec. 2 at noon. I will then email you comments on your prewriting assignment. Specific details will be available online. If you have any questions, let me know. Rubric
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