Reading ComprehensionDifficulty: Hard

PT104 S3 P1 Q7 Explanation

Jury Impartiality

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

TopicsPrimary PurposeLaw

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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

Primary Purpose

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
7.

Of the following, the author’s primary purpose in writing the passage most

Answer choices

  1. Unrelated to Goal4% picked this

    search for compromise between proponents and critics of

    Voir dire was just one of several potential solutions that the author presents but then undermines. The author's main agenda in writing this passage was to make the proposed solution she offers in the final two sentences of the passage, not to find a compromise between lovers and haters of voir dire.

  2. Problem, not Solution21% picked this

    call attention to the effects of mass media on

    This answer makes it sound like the author wrote this passage just to publicize the Problem discussed in the 1st paragraph. But since the author ends with a Solution / Recommendation, then we have to consider that the primary reason why she wrote the passage. If she could only leave us with one sentence, it would be her solution/recommendation (found in the last couple sentences).

  3. Too Strong: ensure Wrong Solution5% picked this

    encourage judges to find new ways to ensure

    The author's solution doesn't have anything to do with judges doing new things. And it's very harsh to say that anything would ever ensure impartial jurors. The author's solution is more or less to stop considering the Problem a problem. She's saying, "Don't worry about the fact that many jurors will have some previous knowledge and even a previous opinion about a case. Trust that impartiality comes through the process of deliberation, not by each juror being a blank slate."

  4. Wrong Emphasis4% picked this

    debate critics who find fault with current voir

    Voir dire was just one of several potential solutions that the author presents but then undermines. The author's main agenda in writing this passage was to make the proposed Solution she offers in the final two sentences of the passage, not to debate critics how don't like voir dire. At no point is the author ever defending voir dire. She even seems to recognize the merit of the criticisms because she's saying, "some countries agree with these criticisms so much that they've abandoned using voir dire." The author is here to present a Solution, which this answer fails to capture.

  5. Correct67% picked this

    argue for a change in how courts address the problem

    Why this is right

    This sounds the most like "propose a Solution to the Problem of impartiality". The author has considered other people's attempts at solving the problem and then immediately presented ideas that undermine those solutions. In the end, she says that eliminating voir dire doesn't solve the impartiality problem. It just recognizes that voir dire ain't the solution. The solution, she says in the final two sentences, is to just redefine what we think "impartiality" means. Instead of trying to find jurors that are oblivious to the case they're going to be assigned to, courts can just think of an impartial jury as one that seems representative of the community's collective experience. If most people in the local community have already heard about the case and formed some opinions, then it's fine if most of the jurors have those characteristics too. That's because impartiality isn't about having 12 jurors who were a blank slate; it's the result of a process of deliberation between people.

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

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