Reading comp PrepTest 113 · Section 1 · Question 1

Passage

Questions 1-7  .        The jury trial is one of the handful of democratic  . institutions that allow individual citizens, Remaining source text redacted.
Passage walkthrough
Passage Summary

Topic: Legal


Paragraph 1

  • Paragraph note
    • Author on unanimity requirement in jury trials (crucial component that spurs full deliberation) and critics' view on requirement (too costly, should be reduced)
  • Views, minor Meta-Structures, and the author's attitude
    • Author's view:
      • The unanimity requirement is a crucial component of jury trials that compels the jury to engage in full and true deliberation before reaching a verdict (second and fourth sentences)
    • Critics' view:
      • The unanimity requirement is too costly and sometimes results in retrials; the requirement should be lowered to allow for one or two dissenting jurors (fifth and last sentences)
    • Cause-and-effect relationship, according to the author:
      • The unanimity requirement causes juries' deliberation to be full and true (fourth sentence)
    • Cause-and-effect relationship, according to the critics:
      • The unanimity requirement causes the deliberation process to take longer and sometimes causes retrials (fifth sentence)
    • Author's attitude: "important" (first sentence), "crucial component" (second sentence), "fully and truly" (fourth sentence)

Paragraph 2

  • Paragraph note
    • Author's rebuttal of criticism (only a small fraction of cases end in hung juries; hung juries are evidence that jurors are doing their job)
  • Views, minor Meta-Structures, and the author's attitude
    • Author's view:
      • The costs of hung juries don't outweigh the benefits of the unanimity requirement (first sentence)
    • Comparisons, according to the author:
      • The vast majority of cases don't make it to trial; the vast majority of cases that make it to trial don't result in a hung jury (second and third sentences)
      • Hung juries are better evidence of a jury doing its job when the case is close than evidence of a flaw in the criminal justice system (fourth and last sentences)
    • Author's opinion: "do not warrant losing the benefit to society" (first sentence), "vast majority" (second sentence), "small fraction" (third sentence), "does not demonstrate a flaw" (fourth sentence), "rather suggests" (fourth sentence), "certainly preferable to an unjust verdict" (last sentence)

Paragraph 3

  • Paragraph note
    • More rebuttal (promotes fairness, reduces likelihood that innocent people are convicted, values each juror's opinion)
  • Views, minor Meta-Structures, and the author's attitude
    • Author's view:
      • The unanimity requirement promotes fair outcomes, reduces the likelihood of innocent convictions, and allows each juror's opinions to be heard and carry weight (first through last sentences)
    • Comparisons, according to the author:
      • The unanimity requirement provides a better chance that a trial and verdict will be fair (first sentence)
      • Eliminating the unanimity requirement would make it more likely that innocent people are convicted (third sentence)
    • Author's opinion: "provides a better chance" (first sentence), "fair" (first sentence), "would only increase the opportunity for such mistakes" (second sentence), "important and necessary" (third sentence), "effective deliberation requires" (third sentence), "would be undermined" (last sentence),

Main Point: Even though hung juries are costly, the benefits vastly outweigh the cost.

Meta-Structure?

Rebutting Critics: We think the Rebutting Critics Meta-Structure best fits this passage's structure.* In a Rebutting Critics passage, the author presents criticisms of the subject matter, before mounting a defense against those critiques. This pattern matches the argument structure of the passage perfectly.

In the first paragraph, the passage introduces us to an important aspect of jury trials: the requirement that a jury's decision be unanimous. There are some critics, however, who think that this requirement is a "costly relic" (P1, S5) and that allowing a couple of dissenters would keep trials from being dragged out by hung (undecided) juries. In the next two paragraphs, the author defends the unanimity requirement. The author argues that that hung juries are infrequent and that when they do occur, they happen for good reason. Since a unanimous verdict is such a powerful tool for preventing injustice in the legal system, it is well worth any resulting inefficiencies.

The main point of a Rebutting Critics passage will be the author's central defense. To anticipate this main point, we can look for whether the author provides a conclusion that summarizes their defense. At the beginning of the second paragraph, the author offers a statement summarizing their defense. It reads, "the material costs of hung juries do not warrant losing the benefit to society of the unanimous verdict" (P2, S1). Therefore, we can anticipate a main point that looks very similar. Something like "Even though hung juries are costly, the benefits vastly outweigh the cost."

*Since the author disagrees with the critics' viewpoint, you might see this as a Criticizing a Viewpoint passage. There is considerable overlap between these types of Meta-Structures, and classifying the passage this way would still help you reach a solid understanding of the argument.

Last Thoughts?

There's plenty of author's attitude here. Tracking the author's attitude is one of our primary jobs as we read Reading Comprehension passages. Doing so will help us understand the Meta-Structure and the main point and even predict where the author's argument will go. This author is emphatically supportive of the unanimity requirement, and we can be certain of encountering some questions about this.

Question prompt

Which one of the Remaining source text redacted.
Why the credited answer is right

Credited answer: E

The notes below walk through why it fits the stem and how to eliminate the rest.

Question Type

Legal

Strategy Overview

Reiterate the main point as we summarized it after reading through the passage, then find the answer that best matches it

Answer Anticipation

As discussed in the Meta-Structure section above, this passage utilizes a Rebutting Critics Meta-Structure. In such a Meta-Structure, the main point is generally the author's central defense. We summarized this explanation, "Even though hung juries are costly, the benefits vastly outweigh the cost."Let's look for this in the answer choices.

Answer choices

  1. A
    Because trials requiring juries Remaining source text redacted.
    Why choice A is not credited

    (A) Does this answer choice match the main point we anticipated ("Even though hung juries are costly, the benefits vastly outweigh the cost")?

    This answer choice is tempting. The passage invokes the fact that jury trials are infrequent to argue against repealing the unanimity requirement.

    Yet, (A) has a couple of serious problems. First of all, in our anticipation, we said "the benefits outweigh the cost." This answer choice doesn't have that component. 

    Furthermore, we know from our discussion of the author's attitude that the author strongly supports the unanimity requirement. The phrase "does not need to be examined" is not a good match for the strength of this attitude. In fact, the author's vocal defense is a reexamination of the unanimity requirement's usefulness! For these reasons, we can cross off (A) is out.

  2. B
    The unanimity requirement should Remaining source text redacted.
    Why choice B is not credited

    (B) Does this answer choice match the main point we anticipated ("Even though hung juries are costly, the benefits vastly outweigh the cost")?

    Nope. There are pieces of this answer choice that are tempting. The phrase "the unanimity requirement should be maintained" matches our anticipated main point.

    The part after "because" makes this a bad answer. We didn't anticipate or note anything about "irresponsible jurors." In fact, the passage states that deadlocked juries demonstrates that "jurors are conscientiously doing the job they have been asked to do" (P2, S4), not that they are, as (B) states, "irresponsible." Since it is directly contradicted by the passage, we can confidently mark off (B).

  3. C
    The problem of hung Remaining source text redacted.
    Why choice C is not credited

    (C) Does this answer choice match the main point we anticipated ("Even though hung juries are costly, the benefits vastly outweigh the cost")?

    Not at all. Right off the bat, we know this isn't the answer by the words "the problem of hung juries." Our author doesn't think that hung juries are a problem at all! Also, keep in mind that this passage focuses on whether or not the unanimity requirement should be removed from jury trials. (C) doesn't speak to that at all, so it's out.

  4. D
    The unanimity requirement should Remaining source text redacted.
    Why choice D is not credited

    (D) Does this answer choice match the main point we anticipated ("Even though hung juries are costly, the benefits vastly outweigh the cost")? 

    It's close! Again, the beginning is perfect. "The unanimity requirement should be maintained" is exactly what we are looking for.

    But what about the rest of this answer choice? Did our anticipation say that jurors had to be conscientious for the unanimity requirement to work? No, it didn't. The passage says that hung juries are evidence that jurors are acting conscientiously; it doesn't say that this conscientiousness is a requirement for the unanimity requirement in general. We can cross off (D) for this reason.

  5. E
    Because its material costs Remaining source text redacted.
    Why choice E matches the stem

    (E) Does this answer choice match the main point we anticipated ("Even though hung juries are costly, the benefits vastly outweigh the cost")? 

    Yes! This answer choice accurately states the passage's support for the unanimity requirement in the exact way we anticipated, so we can happily choose it and move on.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A 6%
  2. B 2%
  3. C 6%
  4. D 13%
  5. E Credited 73%

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