PrepTest 153, Section 1, Question 19

DetailDifficulty3 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)

In using the phrase "jurors'(20 more words not shown)

Reading the passage

Read the explanation immediately after “superficial examination.” People tend to explain behavior through internal attitudes instead of external circumstances. Applied here, jurors may treat a confession as proof of guilt without properly considering a threat or a promised benefit.

What we’re looking for

So “superficial” doesn't simply mean that jurors don't care. It describes an evaluation that stops at the apparent meaning of the confession and overlooks another reason the person might have given it.

Working the answers

  • A
    Correct

    This names the missing step: properly considering the factors that could have led the person to confess. An incentive can explain the behavior even if the person is innocent. Overlooking that possibility is the problem the author calls superficial.

  • B

    The author distinguishes defendants' confessions from cooperating witnesses' testimony. The claim isn't that jurors cannot tell which person supplied the evidence; it's that they may underestimate incentives affecting either person.

  • C

    The research identifies a tendency in how people explain behavior. It doesn't identify missing expert knowledge as the cause or say accurate evaluation requires specialized expertise.

  • D

    A person can try to evaluate truthfulness and still make the mistake described here. The author doesn't say jurors are unwilling to assess whether a witness is telling the truth.

  • E

    This points in the wrong direction. The concern is that jurors give confession evidence too much weight, not that they disregard it when other evidence conflicts with it.

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