Reading ComprehensionDifficulty: Medium

PT104 S3 P1 Q4 Explanation

Jury Impartiality

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

TopicsAuthor OpinionLaw

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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

Author Opinion

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
4.

With which one of the following statements would the author be most

Answer choices

  1. Contradicted13% picked this

    Flaws in voir dire procedures make it unlikely that juries capable of rendering impartial decisions

    The author's last few sentences are saying that you can have an impartial jury that is composed of people who have had prior exposure to the subject matter in a trial via mass media exposure. Impartiality ≠ a juror who is oblivious to the case Impartiality = a process of deliberation among the members of the jury (even if they already have an opinion on the case when they show up) So since the author thinks impartiality is very achievable, as long as we redefine it, she wouldn't say "it's unlikely that juries capable of impartiality can be selected".

  2. Too Strong: the best4% picked this

    Knowledge of a case before it goes to trial offers individual jurors the best chance

    The author is saying that we can be tolerant of jury members' having prior exposure to some of a case's details, via mass media exposure. If that exposure is representative of the community's collective experience, then we're good. But the author isn't saying that prior knowledge is a necessary ingredient to achieving the best kind of impartial decisions. If there were a case that didn't have any mass media exposure, then it would be more representative of the community's collective experience to not have any prior knowledge. The author isn't suggesting that in such circumstances, the best jury members would be the weirdos who for some reason had prior knowledge of the case.

  3. Correct70% picked this

    Jurors who bring prior opinions about a case to their deliberations need not decrease the chance of the

    Why this is right

    This has the very weak language we're attracted to: People who are X need not do Y just means that "in at least one case, someone could be X but not Y". Does this author think that it's possible sometimes for jurors to bring prior opinions about a case, but it doesn't decrease the chance of an impartial decision? Certainly! Her idea at the end is that impartiality isn't dependent on whether the minds of individual jurors have prior opinions. It's dependent on a process of deliberation among the many members of the panel. So the jury can still render an impartial decision even if the people empaneled are opinionated when it comes to this case.

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

  4. Too Strong: only Opposite2% picked this

    Only juries consisting of people who bring no prior knowledge of a case to their deliberations are capable

    The author's main point is basically the opposite of this. This represents the old conception of impartiality (individual jurors have no prior knowledge). The author is re-defining impartiality as something that results from the process of deliberation among jury members, some/all of whom may have prior opinions.

  5. Unknown Comparison Relative vs. Absolute10% picked this

    People who know the facts of a case are more opinionated about it than those

    This answer is frustratingly appealing, on a common sense level. How could someone who doesn't know the facts of a case be more opinionated than someone who does? Well, just think back to all the covid masking/vaccine debates. The people who knew the (still-emerging, nebulous) facts the best were the epidemiologist, virologists, and doctors. The people with the strongest opinions were the TV pundits and culture-war-stoking social media trolls. Beyond the fact that even in the real world this answer is not necessarily true, we have no support sentence to match this up with. The author's voice appears in the final few sentences of the passage, and nowhere there does she compare how opinionated different groups are. "Opinionated" is only used in an absolute, yes/no sense. It's never used in a comparative sense.

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