Reading Comprehension

PT158 · S1 · P4 · Q21 Criminal Sanctions

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The use of criminal sanctions against corporations is well established, but the practice has recently come under fire from legal theorists who maintain that corporations should be held civilly rather than criminally liable for wrongdoing.

Written Summary below video summary

Topic

Criminal vs. civil sanctions for corporate misdoings (as well as criminal sanctions against the corporation vs. against individuals within it)

Framework

Challenge a Position (she challenges two different positions)

Main Point

Criminal is better than civil, and criminally sanctioning corporations is better than criminally sanctioning individuals at those corporations.

Summary

P1 - Opposing Position #1 (let's use civil, not criminal sanctions)

We get our first Purpose Pivot (but, yet, however, recently) in the 2nd half of the first sentence. This sets the stage for the main topic: should we go after corporate wrongdoing with criminal or civil sanctions?

These legal theorists "maintain / argue / claim" a series of points: Point 1. Furthermore, Point 2. Finally, Point 3.

P2 - Author Challenges that Position (criminal is better)

Since the first paragraph stayed in the voice of the legal theorists, we would anticipate a new view in the 2nd paragraph, and the however tells us that the author is talking now. The author affirms that criminal is the better choice since it's a stronger deterrent, it's more feasible to actually bring a suit to court, and the moral condemnation we want to achieve is better expressed through criminal law.

P3 - Opposing Position #2 (lets do criminal sanctions against individuals, not against the corporation)

These other legal theorists "argue / they maintain / they say" that going after individuals would have a bigger deterrent effect and wouldn't have the risk of harming "innocent bystanders", like shareholders / creditors / employees / consumers, that would come with going after the corporations themselves.

P4 - Author Challenges Position #2 (better to do it against corporation)

Again, a however in the first sentence indicates to us that we're switching back to the Author's Voice. She thinks that targeting corporations is better because it's easier to prosecute a company for wrongdoing than to pin blame on individual employees, and the potential damage that criminal sanctions vs. a corporation can do to that corporation also has a deterrent effect on shareholders and employees.

Going after individuals deters the few wrongdoers from doing bad, but going after corporations means that the whole corporate culture will be motivated to stay on the good path. The author acknowledges that there can be some harmful byproducts of this path but reassures us that they are outweighed by the positives.

21.

Which one of the following most accurately expresses the main point of the passage?

  1. Correct

    Although the use of criminal

    Why this is right

    This is supported across the passage, which presents the critics' alternatives (civil liability, individual prosecution) and then defends corporate criminal sanctions as remaining the most effective deterrent.

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

    77% picked this

  2. While civil sanctions against corporations

    Distortion

    The victim-identification issue is mentioned as one limitation of civil liability, but it is not the main point. The passage makes a broader defense of criminal sanctions against corporations.

    3% picked this

  3. Neither civil sanctions against corporations

    Too Extreme

    The passage argues that criminal sanctions against corporations DO deter wrongdoing effectively. Saying neither alternative can deter contradicts the passage's defense of corporate criminal liability.

    4% picked this

  4. The best way to ensure

    Too Strong

    The passage defends criminal sanctions against corporations and critiques the alternative of prosecuting only individuals. It does not advocate combining both approaches.

    9% picked this

  5. The use of criminal sanctions

    Opposite

    This is the position of the critics who favor individual prosecution — a view the author of the passage argues against. The main point defends corporate criminal sanctions.

    6% picked this

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