PrepTest 109, Section 2, Question 28

DetailDifficulty2 of 5
Passage 4Bentham's reform of evidence law
The questionFull text in your LawHub copy of PrepTest 109

By the time Bentham turned his interest to(439 more words not shown)

According to the fourth paragraph(14 more words not shown)

Reading the passage

Bentham wants jurors to hear the evidence and judge its quality themselves. My first thought is to look for that recommendation—but the question asks what he calls a preference for ignorance. We need the opposite: keeping jurors from considering the relevant information.

Working the answers

  • A

    Accepting legal conventions without question might help preserve the old rules, but it isn't the specific alternative identified in this sentence.

  • B

    This shifts to assessing reform in general. Bentham is talking about whether jurors get to assess the evidence.

  • C

    Confessions are among the exceptions he accepts. They aren't what he is criticizing as choosing ignorance here.

  • D
    Correct

    Refusing to let the jury hear and assess relevant testimony withholds the information Bentham wants jurors to evaluate. The word “alternative” links his criticism directly to the preceding recommendation that the jury weigh the evidence's character.

  • E

    Rejecting exceptions would generally let more evidence in. His criticism here concerns the opposite choice: denying jurors access to relevant evidence.

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