Jury Unanimity

Answer choices

1. A

   Out of Scope: separate tradition6% picked this

   It is not surprising, then, that the arguments presented by the critics of the unanimity requirement grow out of a separate tradition from

   This doesn't have any connective tissue to the previous sentence. It seems to just be circling back to the critics in the 1st paragraph and other-ing them. "They're not even part of our legal tradition, guys! Let's get 'em!" We never talked about any legal tradition in the passage, so this is pretty out there.

   6%
2. B

   Too Wishy-Washy8% picked this

   Similarly, if there is a public debate concerning the unanimity requirement, public faith in the

   This seems somewhat tempting, since "public debate" seems similar to "jury deliberation" from the previous two sentences. But, in the previous two sentences, the author is endorsing the idea that we need a unanimous decision from the jury in order for public faith in the verdict to be strong. Would the author think that similarly we need a unanimous decision from the public in order for public faith in the requirement to be strengthened? The author is convinced of the rightness of the unanimity requirement. Opening up that subject for public debate represents retreating from the author's point of view, from her conviction that the costs of the unanimity requirement do not warrant losing it. She wrote this passage to shut down the debate of critics who are asking if we should get rid of it.

   8%
3. C

   Correct84% picked this

   The opinion of each juror is as essential to the pursuit of justice as the universal vote is to the

   Why this is right

   This has some clear tie-in to the preceding two sentences, since it's emphasizing the need to give fair hearing to each juror's opinion. It also has strong language, which makes it sound kind of corny and not likely to be right. But is the author convinced we should keep the unanimity requirement? Yes. So would this serve her rhetorical purposes as an ending sentence? Yes. Why are we talking about voting / democracy? Good question. It's actually a bookend to the first sentence of the passage, in which the author connects the jury trial to "the handful of ways that allow individual citizens, rather than the government, to make important societal decisions". There's no reason we'd predict an ending like this, but it conforms to the author's rhetorical purposes. It's bothersome how the extreme tone of it doesn't sound much like this author, but LSAC would argue that all the other choices are worse.

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

   84%
4. D

   Too Strong: integrity of entire system2% picked this

   Unfortunately, because some lawmakers have characterized hung juries as intolerable, the integrity of the entire legal

   The author is more likely to end this passage with a, "As you can see, the unanimity requirement rules. Peace out." than this, "as you can see, the critics have jeopardized the integrity of the entire legal system".

   2%
5. E

   Weakens Author's Position1% picked this

   But even without the unanimity requirement, fair trials and fair verdicts will occur more frequently as the methods of prosecutors and

   This goes even farther than (B) in retreating from the author's position. The author wrote this passage to defend the unanimity requirement. We want the answer we pick to leave us with that taste in our mouths. This answer would make it sound like the author was dithering on the issue, "I know I just spent a couple paragraphs defending it, but even if we ditch unanimity ... "

   1%