Reading ComprehensionDifficulty: Medium

PT105 S3 P2 Q10 Explanation

Appropriate Punishments

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsMeaning in ContextLaw

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Passage

Many of us can conceive of penalties that seem disproportionate to the crimes they are intended to punish. A sentence of probation for a person convicted of a brutal murder is one example of such an imbalance. At the other extreme is a sentence of twenty years source of these commonsense intuitions about the appropriateness of punishments?

There are two main rationales for punishing criminals. The first rationale justifies a punishment in terms of its benefit to society. Society is said to benefit whenever the fear of punishment deters a person from committing a crime, or when a convicted criminal is removed from contact with society at large. The asked about punishment is not whether it is beneficial, but whether it is just-that is, appropriate.

One problem with the social-benefit rationale is that it is possible that very harsh penalties even for minor offenses may have great benefit to society. For example, if shoplifters faced twenty-year jail sentences, shoplifting might be deterred. Yet something leads us to say that in such cases the penalty far outweighs the punishments and crimes. This is what fuels our notion of just (as opposed to beneficial) punishment.

However, it can be argued that our intuition of the injustice of an overly harsh punishment is based on our sense that such a punishment is more harmful to the criminal than beneficial to society; and, similarly, that our intuition that a punishment is just is based on our sense that this so-called intuitive notions of the appropriateness of punishments have their basis in the concept of benefit.

What this question is testing

Meaning in Context

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
10.

Based on the passage, the "retributive nature" of the second rationale for punishing criminals (paragraph four) consists

Answer choices

  1. Unsupported: equating benefit with harm14% picked this

    equating social benefit with harm to

    Does the 2nd rationale think that "harm to criminals" is the same thing as "social benefit"? No, the 2nd rationale is, "punishment is justified by the severity of the crime, independent of any benefit to society". Since the 2nd rationale isn't even considering social benefit, there's no way we could say that it's equating social benefit with "harming criminals".

  2. Correct76% picked this

    regarding punishment as justified by the severity of

    Why this is right

    Does the 2nd rationale regard punishment as justified by the severity of the crime? Yes, in the 2nd paragraph we're told the second rationale is that a punishment is justified by the severity of the crime (independent of any benefit to society) Is this why people think it has a retributive nature? Yes, basically. If the answer said, "justified only by the severity of the crime" it would better convey the idea that the 2nd rationale doesn't care about benefit to society. The fact that the 2nd rationale doesn't care about benefit to society is why people think "it appears to be little more than retribution". This is a stinker of an answer, but we knew the reason some people think the 2nd rationale is retributive in nature is that it only cares about the severity of the crime, not the benefit to society. This answer could do a better job of conveying the notion that people think the second rationale is retributive because it thinks punishment is justified solely by the severity of the crime. But it's still our best available answer.

    Skill tested: Meaning in Context · how this choice captures the passage's function is the move to repeat next time.

  3. First Rationale3% picked this

    support for sentences disproportionate to the crimes

    The 2nd rationale doesn't support sentences that are disproportionate to the crimes they punish. It's all about measuring punishment in accord with the severity of the crime. It cares about whether punishment is just / whether it's appropriate / whether it's proportional to the severity of the wrongdoing. The 1st rationale could be taken to a logical extreme in which a disproportionate sentence is still supported because it provides societal benefit.

  4. First Rationale6% picked this

    belief that any punishment that benefits society

    The 2nd rationale doesn't care about benefit to society at all. "From the retributivist point of view, the question to be asked about punishment is not whether it is beneficial, but whether it is just / appropriate". "The second rationale is that punishment is justified by severity of the crime, independent of any benefit to society". The first rationale is the one that wants to make sure that punishments benefit society.

  5. First Rationale1% picked this

    favoring harsher sentences over more lenient

    Does the 2nd rationale favor harsher sentences over more lenient ones? No, it's all about measuring punishment in accord with the severity of the crime. It cares about whether punishment is just / whether it's appropriate / whether it's proportional to the severity of the wrongdoing. It favors sentences that are appropriately harsh or lenient, given the severity of the crime. Meanwhile, the 1st rationale could be taken to a logical extreme in which a harsher sentence is favored over a more lenient one because the harsher sentence conveys more societal benefit.

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