PrepTest 146, Section 4, Question 5
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)
Which one of the following(39 more words not shown)
- AProsecutors rarely bring(8 more words not shown)
- BProsecutors are unlikely(15 more words not shown)
- CThe members of(15 more words not shown)
- DJurors may not(12 more words not shown)
- EJurors may not(14 more words not shown)
Reading the passage
Don't invent a criticism merely because it sounds like something A might say. A gives us three actual objections: we cannot tell how nullification is used, jurors may lack relevant information, and juries lack the role and accountability of lawmakers or judges.
What we’re looking for
Which of those answers B's claim that a case can be too trivial to justify conviction? The information problem fits especially well. Jurors might see one apparently minor incident without knowing about the defendant's previous brushes with the law. Their judgment that the case is trivial could rest on an incomplete picture.
Working the answers
- A
A does not tell us how often prosecutors bring cases they themselves consider trivial. Its objection concerns what jurors know, not a claim about prosecutors' usual charging decisions.
- B
We aren't told how prosecutors frame cases to make them look serious. Even persuasive presentation would not supply background information excluded from the trial. This is not one of A's stated criticisms.
- C
A does not argue that jurors will disagree about a case's seriousness. B actually relies on agreement among twelve jurors to defend nullification. We need an objection grounded in A, not a new prediction about disagreement within the jury.
- D
Lacking expertise and lacking information are different problems. A says relevant background may not be admitted at trial; it does not say jurors lack the skill to evaluate the case's strengths and weaknesses.
- ECorrect
A explicitly says juries may have too little information to decide rationally whether to nullify (Passage A, paragraph 3), giving past brushes with the law as an example. Jurors may therefore call a case trivial without knowing background that helps explain why it was brought.
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