Reading ComprehensionDifficulty: Hard

PT104 S3 P1 Q2 Explanation

Jury Impartiality

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsMeaning in ContextLaw

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Passage

The expansion of mass media has led to an explosion in news coverage of criminal activities to the point where it has become virtually impossible to find citizens who are unaware of the details of crimes committed in their communities. Since it is generally believed that people who know the facts of daunting task in North American courts, particularly in trials involving issues or people of public interest.

Judges rely on several techniques to minimize partiality in the courtroom, including moving trials to new venues and giving specific instructions to juries. While many judges are convinced that these techniques work, many critics have concluded that they are ineffective. Change of venue, the critics argue, cannot shield potential jurors from pretrial instruction as requiring of jurors “mental contortions which are beyond anyone’s power to execute.”

The remedy for partiality most favored by judges is voir dire, the questioning of potential jurors to determine whether they can be impartial. But critics charge that this method, too, is unreliable for a number of reasons. Some potential jurors, they argue, do not speak out during voir dire (French for “to sometimes phrase questions in ways that indicate a desired response, and potential jurors simply answer accordingly.

These criticisms have been taken seriously enough by some countries that rely on juries, such as Canada and Great Britain, that they have abandoned voir dire except in unusual circumstances. But merely eliminating existing judicial remedies like voir dire does not really provide a solution to the problem of impartiality. It merely of deliberation among the many members of a panel of informed, curious, and even opinionated people.

What this question is testing

Meaning in Context

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
2.

One critic characterizes judges’ instructions as requiring “mental contortions” (paragraph 2) most likely because of the belief that jurors

Answer choices

  1. Correct69% picked this

    deliberate only on what they learn in a trial and not on what

    Why this is right

    This seems like the best available match for what we're looking for: ignore information learned outside the courtroom when thinking/deliberating about a case. "Outside the courtroom" is the same here as "what they knew beforehand". They should ignore stuff they've learned outside the courtroom and deliberate only on what they learn in a trial.

    Skill tested: Meaning in Context · how this choice captures the passage's function is the move to repeat next time.

  2. Distinguish vs. Ignore3% picked this

    distinguish between pretrial speculation and the actual facts of

    This might be temptingly similar to what we're looking for: ignore information learned outside the courtroom when thinking/deliberating about a case. We might think of "outside the courtroom" as being a decent match for "pretrial speculation". We might think of "inside the courtroom" being the actual facts of a case. In that case, "mental contortions" refers to the critics' belief that jurors cannot be expected to ignore pretrial speculation and attend only to the actual facts of the case. There are two issues there 1. "Being able to distinguish between stuff we learned from X and stuff we learned from Y" is not the same thing as "ignoring stuff we learned from X and thinking only about what we learned from Y". In order to ignore X, you'd have to distinguish X from Y, but critics aren't skeptical that we can distinguish the two. They're skeptical that we can ignore X. 2. this answer is referring to the "outside courtroom" stuff as "pretrial speculation", whereas the passage was talking about "learning information" outside the courtroom. It wasn't saying that what jurors were getting out of the courtroom was rumor or innuendo or speculation. They were just saying it was inadmissible to the trial, if it wasn't actually presented during the trial.

  3. Bad Match: no opinion14% picked this

    hear about a case before trial without forming an opinion

    This does not match what we're looking for: when thinking / deliberating about a case, ignore information learned outside the courtroom "ignoring information" is not the same thing as "not-forming an opinion". This answer also refers to the pre-trial phase, whereas the mental contortions referred to the actual trial phase.

  4. Bad Match: identify degree3% picked this

    identify accurately the degree of prior knowledge they may possess about

    This does not match what we're looking for: when thinking / deliberating about a case, ignore information learned outside the courtroom "accurately self-assessing your prior knowledge" is not the same thing as "ignore / suppress information learned outside the courtroom".

  5. Bad Match: avoid widespread publicity11% picked this

    protect themselves from widely disseminated pretrial

    This does not match what we're looking for: when thinking / deliberating about a case, ignore information learned outside the courtroom "avoiding widespread pretrial publicity" does not mean the same thing as same thing as "ignore / suppress information learned outside the courtroom". If some one avoids widespread publicity, they'll remove one source of information they could learn outside the courtroom. But they could still learn about the case from speaking to people familiar with it or by exposing themselves to moderately disseminated pretrial publicity. The critics are saying that people will have a hard time ignoring the totality of stuff they've learned outside the courtroom (potentially from a myriad of sources).

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