PrepTest 105, Section 3, Question 13

Author's OpinionDifficulty5 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)

As expressed in the passage,(15 more words not shown)

Reading the passage

The writer thinks twenty years for shoplifting is wrong, even if it discourages theft. Paragraph 3 describes something “intuitively wrong, or unjust” about such a penalty. So predict disapproval of the injustice, not doubt about whether the threat could work.

Working the answers

  • A

    Recognizing possible deterrence isn't approving the punishment. The writer still treats the penalty as excessive.

  • B

    The objection isn't mild doubt about the benefit. A harsh penalty could deter crime and still be unjust because of the harm it causes.

  • C

    The final paragraph explicitly considers harm to the offender. The writer isn't indifferent to that effect.

  • D

    Describing the penalty as intuitively wrong takes a position. It isn't neutrality about whether the punishment is justified.

  • E
    Correct

    The discussion disapproves of the penalty as unjust: it “far outweighs the crime.” The final paragraph then offers a possible explanation for that reaction in the balance of benefit and harm.

More Author's Opinion questions

Learn the LSAT our way

Our platform drills Author's Opinion questions at your level and adjusts as you improve.

See plans and pricing

HFL LSAT Advisor

Online

Hi! I'm HFL's LSAT advisor.

Tell me your score and goal and I'll point you to the right plan — or ask me anything.