PrepTest 143, Section 2, Question 12
The current approach to recusal and disqualification of(432 more words not shown)
The passage suggests that if(17 more words not shown)
- Ajudicial bias will(4 more words not shown)
- Bany faulty reasoning(8 more words not shown)
- Cjudges' written explanations(6 more words not shown)
- Dthe public perception(8 more words not shown)
- Ejudges will be(11 more words not shown)
Reading the passage
The purpose of a written explanation is to make the judge's legal reasoning available for examination. Once the reasons are on the page, a knowledgeable observer can assess whether they justify the judgment.
What we’re looking for
Keep that benefit separate from reading the judge's mind. The final paragraph expressly allows that the stated explanation might conceal a different private motive. Making reasoning inspectable is not the same as eliminating every prejudice.
Working the answers
- A
The author does not promise almost complete elimination of bias. The final paragraph considers undetected bias and argues that, under the specified conditions, it supplies no basis for a complaint. That response wouldn't be needed if the proposal simply removed nearly all bias.
- BCorrect
Writing out the reasoning makes its faults open to detection in principle. This is the point of transparency: an observer has an argument to examine, rather than merely an outcome or an appearance to react to. It does not mean every error will actually be caught.
- C
A written explanation might differ from the judge's real reasoning. The author does not say it usually will. Acknowledging a possibility doesn't establish that frequency.
- D
Improved public confidence might sound desirable, but the text doesn't predict it as the result of the requirement. The proposed benefit concerns examining legal reasoning.
- E
The author wants to shift attention away from appearances. Nothing says written explanations will motivate judges to step aside merely because bias appears possible.
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