PrepTest 105, Section 3, Question 10

ApplicationDifficulty4 of 5
Passage 2Criminal punishment, proportionality, and social benefit
The questionFull text in your LawHub copy of PrepTest 105

Many of us can conceive of penalties that(441 more words not shown)

Based on the passage, the(20 more words not shown)

Reading the passage

What does the offender deserve for this crime? That's the retributive question. Paragraph 2 ties the justification to the crime’s severity, regardless of social benefits. The ending then asks whether this apparently independent judgment might actually come from considering benefit.

What we’re looking for

Here we're identifying the retributive feature that the ending reexamines, not replacing it with the final explanation.

Working the answers

  • A

    Neither rationale equates benefit to society with harm to the offender. Those are separate considerations that the final paragraph weighs against each other.

  • B
    Correct

    The crime's severity justifies the punishment. In the retributivist view, the question is whether the punishment is appropriate for what the person did, not whether it produces a useful result.

  • C

    This is the opposite of fitting the punishment to the crime. Retributive considerations allow for proportionality.

  • D

    Justifying punishment because it benefits society describes the first rationale, not the retributive feature of the second.

  • E

    A proportionate response could be harsh for a serious crime or lenient for a minor one. Retribution doesn't simply mean choosing the harsher sentence. The crime matters.

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