Reading ComprehensionDifficulty: Easy

PT105 S3 P2 Q9 Explanation

Appropriate Punishments

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

TopicsLocate DetailLaw

Keep going in LSAT Lab

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

Full official LSAT questions are available through LawHub. This page provides LSAT Lab's explanation, strategy, and review tools without republishing the full official question.

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

Locate Detail

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
9.

According to the passage, the second rationale for punishing criminals is controversial

Answer choices

  1. Correct89% picked this

    does not employ the notion of

    Why this is right

    This reinforces language from our Support Window: This [second] rationale is controversial because some find it difficult to see how a punishment can be justified if it brings no societal benefit; without such benefit, punishment would appear to be little more than retribution. The second rationale says "the punishment is justified by the severity of the crime, whether or not the punishment benefits society". And people reacted to that like, "Wait a sec ... you don't care whether or not it benefits society? You're not employing the notion of social benefit at all? So they if not for social benefit, why are you punishing someone? Just for vengeful, retributivist kicks?"

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

  2. Not in Support Window3% picked this

    allows for disproportionately severe

    There's nothing about disproportionately severe punishments in the sentence we have to go off of: This [second] rationale is controversial because some find it difficult to see how a punishment can be justified if it brings no societal benefit; without such benefit, punishment would appear to be little more than retribution.

  3. Not in Support Window5% picked this

    conflicts with our intuitions about

    There's nothing about conflicting with intuitions in the sentence we have to go off of: This [second] rationale is controversial because some find it difficult to see how a punishment can be justified if it brings no societal benefit; without such benefit, punishment would appear to be little more than retribution. This answer does seem a little tempting, though. The criticism of "This rationale sucks. You're making punishment out to be little more than retribution" seems to come from someone whose intuitions about justice are that it should be more than just retribution. But two things: 1) we're much safer picking an answer that actually matches the text provided, and the sentence that explains why the 2nd rationale is controversial says nothing about our "intuitions about justice" 2) The people criticizing the 2nd rationale may think that it conflicts with their intuitions about justice, but this answer choice is speaking from the passage's point of view (i.e. the author's). According to this author, why is the 2nd rationale controversial? She doesn't say that it conflicts with out intuitions about justice. She says, "People don't like that it seems solely about retribution."

  4. Not in Support Window1% picked this

    implies that punishment does not deter

    There's nothing about lack of deterrent effect in the sentence we have to go off of: This [second] rationale is controversial because some find it difficult to see how a punishment can be justified if it brings no societal benefit; without such benefit, punishment would appear to be little more than retribution.

  5. Not in Support Window2% picked this

    arises from intuition rather than

    There's nothing about it being intuitive rather than logical in our Support Sentence. This [second] rationale is controversial because some find it difficult to see how a punishment can be justified if it brings no societal benefit; without such benefit, punishment would appear to be little more than retribution.

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free