PrepTest 105, Section 3, Question 9

DetailDifficulty1 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)

According to the passage, the(9 more words not shown)

Reading the passage

Why punish someone if it helps nobody? That's the objection in paragraph 2. The second rationale says a punishment can be deserved because of the crime's severity, whether or not society benefits. Some people have trouble accepting that justification.

Working the answers

  • A
    Correct

    The stated concern is how punishment can be justified when society gains nothing from it (paragraph 2). Leaving benefit out of the justification is what makes this rationale controversial.

  • B

    The risk of disproportionately harsh punishment is raised against the first rationale. The second requires the penalty to fit the crime.

  • C

    The second rationale is presented as a way to support our intuitions about proportionate punishment, not as controversial because it conflicts with them.

  • D

    Not requiring deterrence as a justification doesn't mean denying that punishment can deter crime. No such denial appears here.

  • E

    The writer doesn't identify an intuition-versus-logic dispute as the reason for the controversy. We have a specific stated objection: punishment without benefit seems like mere retribution.

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