Reading comp PrepTest 152 · Section 3 · Question 16

Passage

Passage A  The legal system rests on the assumption that people use conscious deliberation when deciding how to act—that is, Remaining source text redacted.
Passage walkthrough
Passage Summary

Topic: Legal


Passage A

Paragraph 1

  • Paragraph note
    • Problem: The legal system assumes people have free will, but some behaviors occur without free will
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Example of behavior that lacks free will:, according to the author
      • People with neurological disorders may involuntarily form facial expressions (last sentence)

Paragraph 2

  • Paragraph note
    • Question: Do all actions occur without free will?
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • The crucial legal question is whether all of our actions are beyond our control
      • Neurological evidence shows that all parts of the brain are interconnected, suggesting that no part of the brain is free (second and last sentences)
    • Author's attitude: "crucial" (first sentence); "suggests" (last sentence)

Paragraph 3

  • Paragraph note
    • Answer: If free will does exist, it has only a small impact on our decisions
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • If free will exists, it is at best a small factor in our decision-making, which is shaped by our genes and environment (first and sentence sentences)
      • Free will may be so small that we think of bad decision-making in the same way as a physical affliction (last sentence)
    • Author's attitude: "seems clear" (first sentence); "at best be a small factor" (second sentence)

Paragraph 4

  • Paragraph note
    • Solution: Rather than considering blameworthiness, the legal system should consider how one will act in the future
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • Blameworthiness is a backward-looking concept that requires untangling genes and environment and thus should not be considered in the legal system (first and second sentences)
      • The legal system should instead consider how an accused lawbreaker is likely to behave going forward (last sentence)
    • Author's attitude: "should thus be removed" (first sentence); "backward-looking concept" (second sentence); "impossible task of untangling the hopelessly complex web" (second sentence); "has to become" (last sentence)

Passage B

Paragraph 1

  • Paragraph note
    • Question: If people lack free will, how can the law move away from blame?
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • Rational arguments won't fully answer the question of how blame can be removed from the law (first and last sentence)
    • Points of intersection with passage A:
      • The author of passage B acknowledges that people may lack free will, just like the author of passage A (first sentence)
      • The author of passage B also acknowledges that blame plays a central role in the law, just like the author of passage A (last sentence)
    • Author's attitude: "paradox" (first sentence); "Rational arguments will only get you so far" (last sentence)

Paragraph 2

  • Paragraph note
    • Support: Evidence suggests that blame is deeply rooted in how humans think, so it's doubtful that blame could be removed from the law
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • Evidence suggests that humans make moral judgments even when they think behaviors are governed by physical processes (first sentence)
      • The concept of blame is deeply ingrained in our psyche, and no amount of will get rid of our reliance on blame (last sentence)
    • Point of intersection with passage A:
      • The author of passage B is considerably less hopeful that blame can be removed from the criminal justice process (last sentence)
    • Author's attitude: "indicates" (first sentence); "deeply rooted" (last sentence); "considerable doubt that any amount of scientific evidence can remove it" (last sentence)

Paragraph 3

  • Paragraph note
    • Support: We have tried and failed to get rid of the concept of blame
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • Rehabilitation was accepted by criminal justice experts in the mid-twentieth century, but public support waned (first through third sentences)
    • Author's attitude: "the public seems unwilling" (last sentence)

Paragraph 4

  • Paragraph note
    • Author's conclusion: The concept of blame much have a useful function, so the criminal justice system should try to understand it
  • Views, minor Meta-Structures, points of intersection, and the author's attitude
    • Author's view:
      • Blaming is so much a part of the social life of humans that it must perform some useful social functions (first and second sentences)
      • The criminal justice system should seek to understand blame and respect the underlying social needs (last sentence)
    • Point of intersection with passage A:
      • The author of passage B wants to keep blame in the criminal justice system, while the author of passage A wanted to remove it entirely (last sentence)
    • Author's attitude: "My sense is that blaming performs some useful social function" (first sentence); "too intrinsically part of the social life of human beings for me to see it as a worthless appendage that can be harmlessly amputated" (second sentence): "should also seek a better understanding of why people blame and try to continue to respect the underlying social needs" (last sentence)

Main Points?

Passage A: The concept of blame should not be part of the legal system.

Passage B: The concept of blame is too integral to the social life of humans to be removed from the legal system.

Key Lines?

Passage A:

Paragraph 2, Sentence 1 (P2, S1): The question to be answered

P3, S1: Author's subsidiary conclusion

P4, S1/S3 - Author's main conclusion

Passage B:

P1, S1: The question to be answered

P2, S2: Author's opinion

P4, S1 - Author's main conclusion

Meta-Structure? Relationship Between Passages?

Relationship - Opposing Viewpoints: The authors of these two passages come to different conclusions. According to passage A, blame should be removed from the legal system. To the author of passage B, blame cannot be fully removed from the legal system, so the legal system should attempt to understand and respect blame's social function.

Interestingly, the authors stipulate the same premise. They both accept the possibility that people lack free will. Passage A provides some evidence for the lack of free will (PA, P2), whereas passage B conditions the entire argument on the assumption that people lack free will (PB, P1, S1).

Meta-Structure - Question/Answer: Passages A and B seek to answer the same question: should the legal system include the concept of blame? To find the main point of each passage, we can look for each author's answer to that question.

Last Thoughts?

These passages address almost identical topics with no major difference in the scopes of their arguments. Therefore, we should expect most questions will ask about the similarities, differences, and points of intersection between the two passages.

Question prompt

The meaning of the Remaining source text redacted.
Why the credited answer is right

Credited answer: D

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

Question Type

Legal

Strategy Overview

Review the paragraph in which "forward looking" is found, and use the immediate context to define the expression's meaning; repeat the process with the answer choices until you find the answer choice that has the same meaning as "forward looking"

Answer Anticipation

This question asks to find the concept from passage B that has the same meaning as the phrase "forward looking" from passage A. We can begin by reading the fourth paragraph of passage A and the surrounding sentences to identify the meaning of the phrase "forward looking." The full sentence says, "instead of debating culpability, the legal system has to become forward looking, and address how an accused lawbreaker is likely to behave in the future" (PA, P4, S3). From this, we can infer that the phrase "forward looking" refers to a legal system that addresses lawbreakers' future behavior. To the author, the criminal justice system should ensure that lawbreakers will behave better in the future, not punish them based on their blameworthiness.We'll use that meaning to assist us as we look through each answer choice. We'll review the part of the passage where the word appears and see if that word also refers to a forward-looking criminal justice system concerned with lawbreakers' future behavior.

Answer choices

  1. A
    entrenched (line 35)
    Why choice A is not credited

    (A) Did passage B use this word to describe a criminal justice system concerned with whether lawbreakers will behave better in the future?

    Reviewing the first paragraph of passage B, no. The word "entrenched" is used to describe how deeply reliant the legal system is on the concept of blameworthiness (PB, P1, S1). We know that blame is a backward-looking concept, so this is the opposite of what we're looking for.

  2. B
    rational (line 36)
    Why choice B is not credited

    (B) Did passage B use this word to describe a criminal justice system concerned with whether lawbreakers will behave better in the future?

    Reviewing the first paragraph of passage B, no. The word "rational" modifies the word "arguments" (PB, P1, S2). It has nothing to do with lawbreakers and their future behavior.

  3. C
    conditioned (line 39)
    Why choice C is not credited

    (C) Did passage B use this word to describe a criminal justice system concerned with whether lawbreakers will behave better in the future?

    Reviewing the second paragraph of passage B, no. This sentence tells us how people are often conditioned to think that human behavior is determined by physical processes yet make moral judgments anyway (PB, P2, S1). This does not refer to lawbreakers or their future behavior.

  4. D
    rehabilitation (line 45)
    Why choice D matches the stem

    (D) Did passage B use this word to describe a criminal justice system concerned with whether lawbreakers will behave better in the future?

    Reviewing the third paragraph of passage B, yes! The author uses the word "rehabilitation" to describe a time in which the criminal justice system was forward looking before the backward-looking "retributive" backlash occurred (PB, P3, S2-3). In contrast to a retributive criminal justice system, we can infer that an approach focused on rehabilitation would attempt to ensure that the lawbreaker can, as passage A states, "behave better in the future." The authors use slightly different terminology, but they both refer to making decisions based on managing future behavior rather than based on blame.

  5. E
    backlash (line 47)
    Why choice E is not credited

    (E) Did passage B use this word to describe a criminal justice system concerned with whether lawbreakers will behave better in the future?

    Reviewing the third paragraph of passage B, no. The word "backlash" refers to the public's inability to accept rehabilitation as the criminal justice system's focus. This is part of the reason that the author of passage B does not think we can dispose of the concept of blame. Therefore, "backlash" refers to a public attitude against a forward-looking criminal justice system, not the forward-looking system itself.

What this tests

Question analytics

Based on historical answer selection rates for this question.

Answer choice distribution

  1. A 7%
  2. B 17%
  3. C 11%
  4. D Credited 62%
  5. E 3%

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Discussion

  • Why not E? 1 reply

    Started by kbernard

  • Explanation 1 reply

    Started by mluna