Reading ComprehensionDifficulty: Easy

PT134 S4 P1 Q1 Explanation

Deliberate Crimes and Utility Maximization

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

TopicsMain PointLaw

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Passage

Determining the most effective way to deter deliberate crimes, such as fraud, as opposed to impulsive crimes, such as crimes of passion, is a problem currently being debated in the legal community. On one side of the debate are those scholars who believe that deliberate crimes are a product of the influence an economic principle that shows that these two positions, far from being antithetical, are surprisingly complementary.

The economic principle that reconciles the two positions is that of utility maximization, which holds that, given a choice of actions, rational individuals will choose the action that maximizes their anticipated overall satisfaction, or expected utility. The expected utility of an action is ascertained by determining the utilities of the possible outcomes individual’s decision to commit a crime can be analyzed as a rational economic choice.

According to the utility maximization principle a person who responds rationally to economic incentives or disincentives will commit a crime if the expected utility from doing so, given the chance of getting caught, exceeds the expected utility from activity that is lawful. Within this framework the two crime-deterrence methods have the same conflict, and that the optimal approach to crime deterrence would include elements of both deterrence strategies.

What this question is testing

Main Point

Topic

The author is showing how two camps that seem to disagree about deterring deliberate crimes (like fraud) can actually be reconciled — they're both right.

Framework

Problem-Solution.

Main Point

The simpler version: there are two camps. One says deliberate crime is caused by social conditions, so the fix is changing beliefs and giving people more economic opportunity. The other says it's a personal choice, so the fix is harsher penalties and better enforcement. The author says: you can use a basic economic idea — utility maximization — to show that both approaches actually work, just from different angles. So the best policy uses both.

P1: The two camps and the bridge

Camp 1: society causes crime, so change conditions. Camp 2: people choose to commit crimes, so make crime more costly. A new economic idea reconciles them.

P2: The economic idea

Utility maximization just means: rational people pick the option with the highest expected payoff (taking risk into account). You can apply this to a person deciding whether to commit a crime.

P3: How both camps fit

If a rational person commits a crime when crime's expected payoff exceeds the legal life's expected payoff, then there are two ways to flip the math. Make crime worse (raise enforcement, raise penalties — Camp 2). Make legal life better (more economic opportunity — Camp 1). Both work. The best policy uses both.

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

The question
1.

Which one of the following most accurately states the main point of

Answer choices

  1. Too Narrow6% picked this

    The principle of utility maximization provides an economic framework that allows legal scholars to analyze an individual's decision to commit a crime as a

    While this is true (second paragraph), the main point resolves the conflict between the two sides.

  2. Too Narrow2% picked this

    Legal scholars have found that deliberate criminal acts are motivated by neither external influences nor individual choices alone but that instead both of these

    While this is true (second paragraph), the main point resolves the conflict between the two sides.

  3. Too Narrow5% picked this

    The utility maximization principle can be used to quantify the effects both of methods of deterrence that revolve around individual factors and of those

    While this is true (third paragraph), the main point resolves the conflict between the two sides.

  4. Correct85% picked this

    Introduction of the utility maximization principle into the current crime deterrence debate indicates that both sides in the debate offer useful recommendations that can

    Why this is right

    his is supported in the first paragraph.

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

  5. Contradiction1% picked this

    The utility maximization principle demonstrates that deliberate criminal acts are the result of the rational economic choices of individuals and are not influenced by

    The passage says that deliberate criminal acts are influenced by the policies and practices of societal institutions (third paragraph).

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