Sub-premise ·Cost-benefit analysis must account for estimated detection ratios
Not every crime is detected. If corporations were punished only for the crimes that are detected, they would actually be incentivized to keep committing the crime and reaping profits.
Sub-premise ·Accounting for detection ratios greatly increases severity of financial penalites
E.g., if detection ratio is 1-in-10, then the penalty has to be at least 10 times profit. If penalty is only, say 5x profit, then it's worth it for the company to keep committing that crime.
The author expresses in P3 and P4 that a financial penalty should be higher than the profits earned from the crime. However, if the penalty is 10 times the profits earned, to take into account the 1-in-10 detection ratio, this might bout corporations out of business and throw thousands out of work. So the author wouldn’t want the penalty to be so high that the corporation goes out of business.
a
a fine exactly █████ ██ ███ █████████████ ██████ ████ ██████████ ███ █████
The author wouldn’t want this, because it doesn’t take the detection ratio into account.
b
a fine slightly ██████ ████ ███ █████████████ ██████ ████ ██████████ ███ █████
The author wouldn’t endorse this, because this isn’t enough to take into account the detection ratio of 1-in-10. If the corporation has only a 10% chance of getting caught, then a penalty that’s only slightly higher than the profits earned would make committing the crime financially justifiable.
This is the penalty most likely to be endorsed, based on the author’s view at the end of the passage: “the astronomical penalties necessary to satisfy the full reckoning of cost and benefit might arguably put convicted corporations out of business and throw thousands of people out of work. Thus, some other criterion in addition to the reckoning of cost and benefit—such as the assignment of moral weight to particular crimes—is necessary so that penalties for corporate crimes will be practical as well as just.” Some other criterion — such as moral weight of a crime — should be part of the determination of financial penalties.
The author wouldn’t support this because this “might put convicted corporations out of business and throw thousands of people out of work.” The fact that a financial penalty that takes only cost/benefit into account would need to be so high to take into account the detection ratio is why the author thinks we need a different criterion besides cost/benefit.
e
a fine high ██████ ██ ███ ███ ███████████ ███ ██ ████████
The author doesn’t want corporations to go out of business, so the author wouldn’t endorse this.
Difficulty
80% of people who answer get this correct
This is a moderately difficult question.
It is similar in difficulty to other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%129
143
75%157
Analysis
Application
Critique or debate
Law
Answer Popularity
PopularityAvg. score
a
0%
146
b
1%
154
c
80%
164
d
18%
158
e
1%
148
Question history
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