PrepTest 146, Section 4, Question 2

Author's OpinionDifficulty2 of 5
Passage 1Jury nullification: unaccountable power or useful safeguard?
The questionFull text in your LawHub copy of PrepTest 146

Passage A Jury nullification occurs when the jury(496 more words not shown)

Passage A(262 more words not shown)

Passage B(242 more words not shown)

The authors of the passages(14 more words not shown)

Reading the passage

Our main points already give us the direction: B trusts juries with this power more than A does. A worries about hidden motives, missing information and accountability. B emphasizes the benefits and argues that agreement among twelve different people makes improper nullification unlikely.

What we’re looking for

The answer needs to capture that confidence about using the power, not merely sound more favorable toward juries.

Working the answers

  • A

    This reverses the comparison. B is more willing to trust juries' reasons for nullifying, not less.

  • B

    Understanding the law is different from being justified in setting aside its usual result. A's objection is not that jurors cannot understand a rule; it is that they lack the information and authority to make these broader decisions.

  • C

    The concern about unexplained verdicts belongs to A. B does not raise it, so we cannot describe B as more concerned about it.

  • D
    Correct

    B sees nullification as a useful “safety valve” and thinks misuse will be uncommon. That supports greater confidence in juries' ability to exercise it justly. A's three objections point the other way.

  • E

    B is not disappointed that juries have failed to produce social change. It is defending the useful work nullification can already do.

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