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Deceptive Arguments

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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

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