Reading ComprehensionDifficulty: Medium

PT158 S1 P4 Q22 Explanation

Criminal Sanctions

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

TopicsLocal PurposeLaw

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Passage

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. Civil liability, these theorists argue, shares important features with criminal liability: both impose punishment on a company, the government: the greater procedural protections of criminal law make deterrence through criminal prosecution extremely expensive.

Even if it is less economical, however, criminal liability is a much stronger deterrent. The considerable enforcement powers involved, including the ability to detain and question corporate officials, are themselves significant deterrents. Furthermore, the fact that private civil litigation requires an identifiable victim with the necessary resources to commence litigation weakens its society forcefully rejects such conduct. Civil liability is ill suited for this purpose.

Other legal theorists who do not object to criminal sanctions per se argue that individuals within corporations, rather than corporations themselves, are the appropriate target of criminal prosecution in cases involving corporate wrongdoing. They maintain that individuals within corporations are more responsive to deterrence because they generally fear prosecution and the loss be laid off, and ultimately the public, which is forced to absorb higher prices.

However, this approach is also misguided. Corporations often bury responsibility within complex hierarchies, with the result that no individual responsible for corporate misdeeds can be identified. Another problem is that under this approach, a corporation will often find it cheaper to designate and compensate an internal scapegoat to face prosecution than to by the greater societal interest in ensuring the safety of employees, the public, and the environment.

What this question is testing

Local Purpose

Anticipate

The author drops the buried-responsibility bomb at a strategic moment: right when the "just prosecute the executives" crowd is making their case. It's the author saying, The purpose is demolition — tearing down the individual-prosecution alternative by showing it is unworkable in the real world.

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

The question
22.

Which one of the following most accurately describes the author's purpose in saying that corporations often bury responsibility

Answer choices

  1. Bad Match14% picked this

    to explain why corporations might find it advantageous to appoint an

    We were looking for something like, "to give a reason why it would be bad to make criminal sanctions target individuals, rather than the overall corporation", so this doesn't seem to reinforce the ideas we want. They stole this language from the sentence after the "complex hierarchies" sentence. But that sentence begins, "Another problem ...", indicating that the scapegoat sentence is problem #2. The complex hierarchies were problem #1. They're both problems with the "misguided" approach from the first sentence of the last paragraph.

  2. Opposite8% picked this

    to highlight the reasons why individuals are, according to critics of corporate criminal liability, more

    This answer says the sentence was supposed to be highlighting the point of view that "individuals should be prosecuted, since they're more responsive to deterrence" (a paragraph 3 idea). But the author's sentence was undermining that point of view, not helping it. The author uses buried responsibility to argue AGAINST individual prosecution. The claim being attributed here belongs to the critics' position in paragraph 3, not to what the author is doing with this specific point. The sentence in question is a counter-argument, not a summary of the critics' reasons.

  3. Out of Scope5% picked this

    to underscore the extent to which corporate criminal liability penalizes certain

    The author never talks about how punishing individuals would be unfair. He simply thinks that we might not be able to locate blame with specific individuals or that the corporation will just bribe someone to be a scapegoat (thus we won't be able to prosecute a corporation for its wrongdoing).

  4. Correct72% picked this

    to indicate that the proposal that individuals be subject to criminal liability for corporate wrongdoing is

    Why this is right

    We might not know what the word "impracticable", but does it sound positive or negative? It sounds like impractical, which is negative. So this answer would be saying the purpose of our author's complex hierarchy line was to indicate that "the proposal [to prosecute individuals] is something-negative." That seems appealing. After all, we were looking for something like, "to give a reason why it would be bad to make criminal sanctions target individuals, rather than the overall corporation". The meaning of impracticable is very very close to that of impractical. It just means "hard/impossible to put into practice". The misguided approach the author is talking about is "trying to prosecute individuals within corporations for wrongdoing, not the corporation itself." The author is like, "Psssh. Good luck! How are you going to figure out which specific individuals are responsible for a corporation's wrongdoing? Don't you know that corporations will bury responsibility within complex hierarchies? That makes it impracticable to prosecute specific individuals."

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

  5. Out of Scope1% picked this

    to suggest that critics of criminal corporate liability have misunderstood the legal definition

    We were looking for something like, "to give a reason why it would be bad to make criminal sanctions target individuals, rather than the overall corporation". This whole misunderstood the legal definition of criminal liability comes out of left field.

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