Reading comp PrepTest 113 · Section 1 · Question 3

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: A

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

Question Type

Legal

Strategy Overview

Review the author's argument from the third paragraph, consult notes, and choose answer choice that ties the author's evidence to the conclusion the author reaches

Answer Anticipation

First, what even is this question? The phrase "following principle" in the question stem might ring a bell if you've been working on Principle questions in Logical Reasoning. This phrase shows up in Following Principle questions in Logical Reasoning and Reading Comp. In these questions, we have to pick the answer choice with the principle — or rule — that connects the author's evidence to the conclusion the author reaches. This question adds another wrinkle — it tells us to focus specifically on the author's argument from the third paragraph. So, we'll have to review the relevant part of the passage first.According to our note for the third paragraph, the author argues that the unanimity requirement should be preserved because it "promotes fairness, reduces [the] likelihood that innocent people are convicted, [and] values each juror's opinion." So, the correct answer will connect one of those three premises to the author's conclusion that the unanimity requirement should be preserved. It could say something like, "Any requirement that promotes fair outcomes in trials should be preserved," or "Requirements that reduce the likelihood that innocent people are convicted in trials ought to be preserved." Let's look for something like that in the answer choices.

Answer choices

  1. A
    The risk of unjust Remaining source text redacted.
    Why choice A matches the stem

    (A) Does this connect at least one of the author's premises (that the unanimity requirement promotes fairness, reduces the likelihood that innocent people are convicted, and values each juror's opinion) to the author's conclusion (that the unanimity requirement should be preserved)?

    Yes! This connects the author's premises about the likelihood that innocent people are convicted to the author's conclusion that the unanimity requirement should be preserved. Convicting an innocent person is certainly an "unjust verdict" in a trial. This answer choice says that the risk of an unjust verdict is serious enough to warrant strong measures to avoid it. The unanimity requirement — although costly/"strong" — helps avoid the risk of such an unjust verdict, according to the author. So, this principle would help the author show that the unanimity requirement should be preserved.

    In other words, this principle connects the author's evidence to the conclusion the author reaches, thereby strengthening the author's argument. We can justifiably select (A) and advance to the following question.

  2. B
    Fairness in jury trials Remaining source text redacted.
    Why choice B is not credited

    (B) Does this connect at least one of the author's premises (that the unanimity requirement promotes fairness, reduces the likelihood that innocent people are convicted, and values each juror's opinion) to the author's conclusion (that the unanimity requirement should be preserved)?

    Not quite. Sure, our author uses trials' fairness as one of their premises, but the author's conclusion does not tell judges what they should do. In fact, the author focuses on the rules surrounding juries, not judges. Therefore, (B) does not connect the author's premise to their conclusion. We can cross it off.

  3. C
    Careful adherence to the Remaining source text redacted.
    Why choice C is not credited

    (C) Does this connect at least one of the author's premises (that the unanimity requirement promotes fairness, reduces the likelihood that innocent people are convicted, and values each juror's opinion) to the author's conclusion (that the unanimity requirement should be preserved)?

    No. The author's conclusion argues that the unanimity requirement should be preserved — not that it will "eliminate unjust verdicts." While (C) may strengthen the author's argument that we should preserve the unanimity requirement, it does not do so by connecting any of the author's premises to the conclusion. Therefore, we need to eliminate (C).

  4. D
    Safeguards must be in Remaining source text redacted.
    Why choice D is not credited

    (D) Does this connect at least one of the author's premises (that the unanimity requirement promotes fairness, reduces the likelihood that innocent people are convicted, and values each juror's opinion) to the author's conclusion (that the unanimity requirement should be preserved)?

    Nope. None of the author's premises discuss jurors who do not perform their role responsibly. The author doesn't say that the unanimity requirement will help jurors execute their role responsibly, either. While the author says that the hung juries — an effect of the unanimity requirement — are usually proof that the jury is doing their job, that doesn't mean that the unanimity requirement helps guarantee that jurors perform their duties responsibly. (Plus, the author makes this argument in the second — not third — paragraph.) Therefore, (D) does not connect any of the author's premises to the conclusion.

  5. E
    The jury system is Remaining source text redacted.
    Why choice E is not credited

    (E) Does this connect at least one of the author's premises (that the unanimity requirement promotes fairness, reduces the likelihood that innocent people are convicted, and values each juror's opinion) to the author's conclusion (that the unanimity requirement should be preserved)?

    No. The author might think that the unanimity requirement helps reduce the risk of unfair results. But the author never claims that the jury system are inherently unfair.

    Perhaps this principle would strengthen the author's argument if the author said that the unanimity requirement is the only mechanism that can reduce the inherent unfairness of the jury system. But the author never makes that claim. So, this principle doesn't help the author establish their conclusion — that the unanimity requirement ought to be preserved.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A Credited 72%
  2. B 5%
  3. C 10%
  4. D 6%
  5. E 7%

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