PrepTest 135, Section 3, Question 15

DetailDifficulty4 of 5
Passage 3Blackmail in Canadian and U.S. common law and classical Roman law
The questionFull text in your LawHub copy of PrepTest 135

The following passages are adapted from articles recently(479 more words not shown)

Passage A(256 more words not shown)

Passage B(216 more words not shown)

In using the phrase "the(20 more words not shown)

Reading the passage

Follow the threat: pay me, or I'll tell the state about your crime. The victim fears what the state may do after learning that information. The blackmailer turns information the state has reason to want into a bargaining tool for himself. We're looking for the government's interest that makes his threat effective, not just any power a government might possess.

Working the answers

  • A

    Defining crimes is different from learning about a crime already committed. The blackmailer isn't threatening to have the state make the victim's conduct illegal. The conduct is already criminal, and the threat is to turn the person in.

  • B
    Correct

    The state has a legitimate interest in learning about crimes within its jurisdiction. The blackmailer holds information that could serve that interest, then demands private payment to withhold it. That connects the state's interest to the threatened consequences the victim wants to avoid.

  • C

    This is about preventing future crimes. The example concerns reporting a crime that has already happened.

  • D

    Nothing says the state relies exclusively on private citizens for information. The example needs only this person's ability to report a crime, not a rule about where all government information comes from.

  • E

    Compelling courtroom testimony would be a different exercise of government power. This example concerns the leverage created by threatening to report a crime; it never requires a witness to be forced to testify.

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