PrepTest 153, Section 1, Question 15

Main PointDifficulty5 of 5
Passage 3Cooperating witnesses, incentives, and jurors’ evaluation of testimony
The questionFull text in your LawHub copy of PrepTest 153

Criminal courts frequently rely on accomplice witnesses (witnesses(444 more words not shown)

Which one of the following(9 more words not shown)

Reading the passage

We've already predicted the main point: cooperating witnesses have reasons to fabricate evidence, and the courts' safeguards may not adequately protect the accused. The discussion of confessions explains another reason jurors might miss the influence of incentives.

What we’re looking for

We want that overall concern. An answer that only describes the incentives or only summarizes the psychology will leave part of the argument behind.

Working the answers

  • A

    “Can never” is much stronger than the author's conclusion. Incentives can make testimony unreliable; the author doesn't say every statement produced under positive or negative pressure is false or unusable. This also shifts the focus from cooperating witnesses to all coerced evidence.

  • B
    Correct

    This captures the danger we've been explaining: reliance on accomplices and informants may produce convictions based on false testimony. The rewards for fabrication and the weaknesses of the safeguards are the “numerous considerations” supporting that concern.

  • C

    This accurately describes the psychological discussion near the end. But why are we learning about jurors' treatment of confessions? To understand a further problem with relying on cooperating witnesses. C summarizes supporting evidence without stating that larger concern.

  • D

    The author discusses courts' confidence in safeguards, but doesn't organize the argument around a set of traditional legal arguments and studies refuting their assumptions. This replaces the concrete problem with a different account of how the argument works.

  • E

    The incentives are crucial, but they are the starting problem. The author goes on to explain why protections may fail and innocent defendants may be convicted. E stops before that central consequence.

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