PrepTest 105, Section 3, Question 11

DetailDifficulty2 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)

The author states that our(19 more words not shown)

Reading the passage

The final paragraph gives us the comparison: an overly harsh punishment may feel unjust because it does more harm to the offender than good for society. Don't lose either side. Twenty years for shoplifting could discourage theft and still impose a cost that outweighs that benefit.

Working the answers

  • A

    There could be some benefit. The objection is that it is too small relative to the harm, not that it is nonexistent.

  • B

    Harm alone isn't the distinction. A punishment could harm the offender while still fairly balancing that harm against a benefit. We're looking for which side outweighs the other.

  • C
    Correct

    The punishment harms the offender more than it helps society (paragraph 4). C says the same thing in the reverse order: less benefit than harm.

  • D

    This reverses the comparison itself. It says the benefit is greater than the harm. The explanation of an overly harsh punishment requires the harm to be greater.

  • E

    Trying to reconcile benefit and harm doesn't identify the imbalance that makes a punishment seem unjust. The next part of the paragraph connects a fair balance to a just punishment; the question asks about our reaction to an overly harsh one.

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