PrepTest 153, Section 1, Question 18

DetailDifficulty2 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)

According to the third paragraph,(16 more words not shown)

Reading the passage

Stay with the third paragraph. Its problem isn't just that witnesses have incentives; it's that the jury may never hear about them. The courts say jurors can assess a witness's motives. But when a prosecutor only implies a benefit, the exchange need not be disclosed. We should predict that missing information prevents the safeguard from doing its job.

Working the answers

  • A

    The safeguards are supposed to protect the accused from false testimony. Their weakness isn't that they were designed for the wrong people.

  • B

    The paragraph explicitly begins by saying courts recognize the unreliable nature of bartered testimony. Recognizing the danger doesn't mean their proposed protections solve it.

  • C
    Correct

    An implied offer can lead a witness to expect a reward without requiring disclosure to the jury. Jurors cannot properly assess an incentive they haven't been told about. This identifies the specific gap between the courts' proposed safeguard and what can happen in practice.

  • D

    No comparison of the trust placed in witnesses and defendants appears in this paragraph. The problem is undisclosed incentives, not a demonstrated preference for one kind of speaker.

  • E

    Whether prosecutors are penalized for offering incentives isn't discussed. Don't confuse that with the earlier finding that lying informants are rarely prosecuted. Those are different people and different actions.

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