PrepTest 134 · Section 4 · Passage 1

Utility maximization and complementary approaches to crime deterrence

The full passage is in your LawHub copy of PrepTest 134.

Reading the passage

How do you stop someone from planning a fraud? That may be a different problem from preventing a punch thrown in the heat of a bar fight. The opening distinguishes deliberate crimes from impulsive ones, then asks how to deter the deliberate kind. My first thought is punishment, but let's see what the competing approaches offer.

One group emphasizes social influences. Change beliefs about crime, expand economic access, and rehabilitate offenders. Those measures address the circumstances in which people make decisions. I can see the idea: someone with better lawful opportunities may have less reason to turn to crime.

The other group emphasizes individual choice and recommends stronger penalties and effective enforcement. Make getting caught more likely and the consequences less attractive. But why must these approaches compete? A person can make a choice while responding to the circumstances around them. We could improve opportunities and still impose consequences for crime.

That's the reaction the end of the first paragraph supports. Recent scholarship uses an economic principle to show that the approaches are complementary. We aren't about to pick a winner between them. We need to understand how they fit together.

Utility maximization sounds more intimidating than its basic idea: among available actions, choose the one expected to give you the most overall satisfaction. Expected matters. We don't know in advance whether a crime will succeed or whether the person will get caught. The calculation takes possible outcomes, weighs each by its likelihood, and adds the results.

A points example makes that concrete. Suppose stealing bread offers a 50 percent chance of a small benefit worth one point and a 50 percent chance of punishment worth negative one hundred points. A large possible loss offsets the small possible gain. Compared with a lawful alternative worth zero points, the theft is unattractive under this model. The points just stand in for how the person values the outcomes.

Now imagine a huge theft carrying only a tiny penalty. Even getting caught might cost much less than the gain. That could make the crime attractive to someone weighing those incentives. Calling the choice economically rational doesn't mean calling it ethical. We're explaining how incentives can affect a decision, not endorsing the decision.

The third paragraph makes the comparison explicit: crime becomes attractive when its expected utility exceeds that of lawful activity. So don't examine the crime in isolation. We have two sides of a comparison, and policy can change either one.

Stronger enforcement raises the chance of detection and punishment. Stronger penalties make the bad outcome worse when it happens. Those are different changes, but both lower the expected payoff from crime. Think of changing either the probability of losing points or the number of points lost.

Improving economic opportunities works from the other direction. It raises the expected payoff from lawful activity. If someone has a better way to improve their circumstances legally, crime doesn't need to become less profitable in absolute terms for the lawful choice to look better by comparison.

That's how the two approaches reach the same overall result through different changes. One makes crime less attractive; the other makes lawful activity more attractive. The author concludes that the best approach includes elements of both. The economic framework matters because it explains their compatibility, not merely because it gives us numbers to calculate.

Our main-point prediction is therefore that utility maximization supports combining the two deterrence strategies. My initial thought that both could matter has become a specific explanation of why: each can change the relative appeal of crime and lawful activity.

Questions on this passage

Learn the LSAT our way

Our platform drills Reading Comprehension 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.