Conclusion: Legal responsibility is different than moral responsibility.
Premises: Moral Responsibility is based solely on intention. Legal responsibility sometimes depends on
factors other than intention. For example, drunk driving + injury receives a stiffer penalty than drunk
driving without injury.
We're asked to identify the role of the example in boldface. The example is of a situation in which
something other than intention is used to determine legal responsibility. (D) nails it.
(A) is too extreme - the argument doesn't say that legal responsibility is based only on unintended features
- there's no discussion of all the factors that go into legal responsibility. There might be some intended
factors that go into legal responsibility.
(B) is tempting! The part in question is used to explore the criteria of legal responsibility, however the
conclusion is not that the criteria that legal responsibility uses includes the factors that moral
responsibility uses; the conclusion is that the factors are different. We're saying the drunk driver didn't
intend to injure someone. The first sentence is saying "the EXTRA penalty","the extra punishment" you get
for injuring someone while drunk driving has nothing to do with whether you intended to injure someone.
(We know they didn't intend to injure because it says "the drunk driver accidentally injures people").
(B) is saying "the first sentence was used to illustrate a claim [the argument never made]" while (D) is
saying "the first sentence was a premise in support of a claim [the argument actually made]"
(C) is incorrect because drunk drivers, causing injury or not, are legally responsible. The issue is that the
severity of the penalty changes.
(E) is tempting! We do learn that moral responsibility depends solely on intentions, but the example we're
looking at is not used to support that. In fact, that fact is a premise that is stated without support.