LSAT 158 | Section 1 | Reading Comprehension: Q24

RC Question 24 Explanation

DISCUSSION: This is asking for something the author says is true. We know the author’s position was, essentially: “charge corporations directly with crimes. It is a mistake to try to charge individual executives or use civil liability.”

So, look for an answer that praises charging companies, or that gives a problem with charging executives or with civil liability.

___________

1. The theorists are the ones saying that civil liability is a better determinant of appropriate levels of damages. The author’s position is that criminal liability is better than civil.
2. Paragraph 2 is where the author critiques civil sanctions. They don’t mention employees being harmed by civil sanctions.
3. Deterrence (or censuring) is stated as the main aim of criminal liability, not civil liability.
    
   Sentence 3 in paragraph 2 says that civil lawsuits are bad at deterrence. The problem with civil lawsuits is that they require an identifiable victim who is rich enough to sue. If a lawsuit is unlikely, then wrong-doers won’t be deterred.
4. This answer was the argument in paragraph 3, by critics. The author thinks they are wrong (see paragraph 4): individuals are not deterred, because responsibility is shared among many, and scapegoats can also take the blame.
5. CORRECT. This is mentioned directly in sentence 3 of paragraph 2.