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Course: Wireless Philosophy > Unit 8
Lesson 5: Proportioning verdicts and punishments to evidenceEvaluating the argument
Proportioning Verdicts and Punishments to Evidence:
Evaluate and discuss the argument presented in this video.
Should the US stick with its current binary system or adopt a more proportionate system of verdicts for criminal cases?
Consider the following range of opinions on this question:
- The US should stick with its current binary system. The very high burden of proof for guilt minimizes the chance of a truly innocent person being mistakenly found guilty and punished.
- The US should adopt a maximally proportionate system (like the percentage system). The wide range of verdict options allows jurors and judges to issue verdicts and punishments that reflect as precisely as possible their degree of certainty in the defendant’s guilt.
- The US should adopt a moderately proportionate system (like the Scottish or four-option systems). The limited range of verdict and punishment options allow jurors and judges to express their judgment with somewhat greater precision, but also ensure that relatively high levels of certainty of guilt must be met before a defendant receives any punishment or stigma whatsoever.
Now, take some time - by yourself or with others - to reflect openly, yet critically, on the ethical considerations raised by the various perspectives, and determine where you stand on this issue. What do YOU think, and why?
Want to join the conversation?
3) The US should adopt a moderately proportionate system (like the Scottish or four-option systems). The limited range of verdict and punishment options allow jurors and judges to express their judgment with somewhat greater precision, but also ensure that relatively high levels of certainty of guilt must be met before a defendant receives any punishment or stigma whatsoever.(2 votes)