Reading Comprehension

PT134 · S4 · P1 · Q4 Deliberate Crimes and Utility Maximization

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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.

Topic

How to deter deliberate crimes — and how a utility-maximization principle reconciles two apparently opposing positions in the legal-scholarship debate.

Framework

Present Debate / Problem-Solution. The author lays out two opposing positions, then introduces an economic principle (utility maximization) that shows the positions are complementary, not antithetical.

Main Point

The two seemingly opposing positions in the deliberate-crime deterrence debate (societal-influence vs. individual-choice) are actually complementary when viewed through utility maximization, which holds that rational individuals choose actions that maximize expected utility. The optimal approach combines elements of both deterrence strategies.

P1: The two positions

Some scholars say deliberate crimes result from societal norms and institutions — so changing beliefs, increasing economic access, and rehabilitating offenders will reduce crime. Other scholars say deliberate crimes are individual choices — so increasing penalties and law enforcement is the best deterrence. Recent scholarship introduces an economic principle showing these positions are complementary.

P2: The utility maximization principle

Rational individuals will choose the action that maximizes expected utility — calculated by weighing each outcome's utility by its likelihood and summing. Decisions to commit crimes can be analyzed as rational economic choices.

P3: Both deterrence approaches affect the utility equation

A rational person commits a crime if expected criminal-activity utility exceeds expected lawful-activity utility. Both approaches reduce crime: increasing penalties/enforcement raises detection chance and cost (lowering expected criminal utility); increasing economic opportunity raises expected lawful utility. Both work; the optimal approach combines both.

4.

Based on the passage, which one of the following scenarios is most similar to some legal scholars' use of the utility maximization principle regarding the crime deterrence debate?

  1. an astronomer's use of a

    Wrong Element

    Wrong Element The conflict (i.e., paradox) is not resolved in this example, but is the applied tool, just as the principle is the applied tool in the passage.

    5% picked this

  2. Correct

    a drawing instructor's use of

    Why this is right

    Correct The law of optics is similar to the economic principle, while the two lines that appear to diverge but actually run parallel to each other are the two sides of the debate that appear in conflict with each other but that are surprisingly complementary.

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

    83% picked this

  3. a botanist's use of a

    Wrong Purpose

    Wrong Purpose There is not resolved conflict in this example.

    2% picked this

  4. a judge's use of evidence

    Trap

    Wrong Element / Wrong Purpose The judge’s evidence is not the same as a rule (i.e., principle). Furthermore, the judge reaches a decision but does not resolve the conflict between the two positions.

    5% picked this

  5. a mediator's use of a

    Wrong Purpose

    Wrong Purpose In the passage the principle can be applied to both positions, while in this example the quotation does not resolve a dispute in the bargaining session.

    5% picked this

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