PrepTest 136, Section 1, Question 12

Author's OpinionDifficulty4 of 5
Passage 2Standards and reliability in fingerprint identification
The questionFull text in your LawHub copy of PrepTest 136

Passage A In this appeal of his criminal(491 more words not shown)

Passage A(262 more words not shown)

Passage B(237 more words not shown)

Which one of the following(7 more words not shown)

Reading the passage

These authors disagree about whether the current safeguards are good enough, but look at how they argue. A defends reliability by pointing to a consistent approach, training, testing and uniform standards. B challenges reliability by emphasizing the lack of objective standards.

What we’re looking for

That suggests shared ground: reliable identification requires standards that constrain the examiner's judgment. They can accept that principle while disagreeing about whether current practice meets it.

Working the answers

  • A

    A relies on the test of time, but B doesn't treat longstanding use as a reason to overlook problems with standards and testing. This is part of A's defense, not a premise shared by both.

  • B

    A describes a defendant's challenge; B doesn't discuss a defendant's procedural right to make one. We can't turn the subject of reliability into an unstated shared position about courtroom rights.

  • C

    B explicitly demands probabilities for coincidental matches between partial prints. A doesn't discuss that requirement. A's defense of reliability doesn't show that it accepts this particular test for evaluating evidence.

  • D

    B's discussion supports a demand for rigorous testing, making this tempting. But A accepts the low-error testimony while saying further testing may be desirable. It doesn't require the rigorous tests described in D before accepting that conclusion. The requirement is stronger than A's argument establishes.

  • E
    Correct

    A answers the objection about missing objective standards by defending the consistent approach and the “uniform standards” developed through training and peer review. B treats the absence of agreed objective criteria as a fundamental reliability problem. The common principle is the need for standards, not agreement about how well present methods satisfy it.

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