Reading ComprehensionDifficulty: Easy

PT113 S1 P1 Q5 Explanation

Jury Unanimity

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

TopicsMeaning in ContextLaw

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Passage

The jury trial is one of the handful of democratic institutions that allow individual citizens, rather than the government, to make important societal decisions. A crucial component of the jury trial, at least in serious criminal cases, is the rule that verdicts be unanimous among the jurors (usually twelve in number). Under so that one or even two dissenting jurors will not be able to force a retrial.

But the material costs of hung juries do not warrant losing the benefit to society of the unanimous verdict. Statistically, jury trials are relatively rare; the vast majority of defendants do not have the option of a jury trial or elect to have a trial without a jury—or they plead guilty to may sometimes lead to inconclusive outcomes, a hung jury is certainly preferable to an unjust verdict.

Requiring unanimity provides a better chance that a trial, and thus a verdict, will be fair. Innocent people are already occasionally convicted—perhaps in some cases because jurors presume that anyone who has been brought to trial is probably guilty—and eliminating the unanimity requirement would only increase the opportunity for such mistakes. Furthermore, dismissed out of hand, society’s confidence that a proper verdict has been reached would be undermined.

What this question is testing

Meaning in Context

Topic

The author is taking a side in an argument: should we keep requiring all 12 jurors to agree before a serious criminal verdict, or relax that?

Framework

Present Debate. The author lays out the critics' position and then argues against it.

Main Point

The simpler version: yes, requiring all 12 jurors to agree sometimes leads to hung juries and retrials, which are annoying. But the alternative is a system that's much more willing to convict innocent people. The author thinks the cost of unanimity is small and the benefit is huge — fewer wrongful convictions and more public trust in verdicts.

P1: The critics' complaint

Critics call unanimity a costly relic. One stubborn juror can blow up a verdict.

P2: First defense — the costs really are small

Hung juries are rare to begin with, and when they happen, the case is usually genuinely close. A hung jury isn't a failure — it's the system being honest about its uncertainty. And it's far better than getting it wrong.

P3: Second defense — fairness needs unanimity

Innocent people already get convicted sometimes. Loosen the rule and you get more of that. Real deliberation only happens when one juror's doubts can't just be brushed aside, and a verdict only represents the whole jury when everyone genuinely signs on.

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

The question
5.

Which one of the following could replace the term “recalcitrant” (first paragraph) without a substantial change in the meaning

Answer choices

  1. Correct82% picked this

    Why this is right

    Well, it looks like LSAC was feeling pretty uncharitable, using one fancy vocab word as a synonym for the fancy vocab word in the passage. "Obstinate" is another word a lot of people won't know, but it also means "stubborn", just like "recalcitrant". We might get lucky and think it relates to "abstaining" (spelled differently), since this 1 holdout juror is abstaining from believing what the rest of the jury believes. But ultimately if we don't know what "recalcitrant" means and we don't know what "obstinate" means, then we're probably just screwed on this question. We might be able to force ourselves to guess the answer we don't know over wrong answers we think don't work.

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

  2. Bad Match7% picked this

    It's adding too much of a layer of paranoia to say that 1 juror who disagrees with the other 11 jurors is "suspicious" of something. They might earnestly believe the defendant should be acquitted, while the other 11 jurors find the defendant guilty (or vice versa). We don't need to assume that when 1 juror as a unique opinion that they are "suspicious" of something.

  3. Weak Match / Redundant Answer3% picked this

    It's possible that the reason 1 juror disagrees with the other 11 jurors is that the 1 juror is just being more careful about considering all the facts or more careful about sticking to a standard of "beyond a reasonable doubt". But it's also possible that the 1 juror is just a contrarian and enjoys taking the opposite point of view. It's possible they are sloppier in their thinking. It's possible they are determined to issue a guilty verdict because they have some prejudiced feelings against the defendant, while the other 11 are considering the merits of the case and think that acquittal is deserved. Finally, "careful" and "conscientious" mean pretty much the same thing in this context of jury deliberation, so (C) and (D) basically cancel each other out. If one were correct, the other one seemingly would be too.

  4. Weak Match / Redundant Answer6% picked this

    Everything we said about (C) applies here the same way. It's possible that the lone holdout juror is being more conscientious than the other 11 jurors, but there's no reason we need to assume that. And (D) and (C) basically mean the same thing in this context.

  5. Weak Match3% picked this

    This offers another possible explanation for why 1 juror is holding a different opinion from the other 11. Maybe the lone juror is being more careful / conscientious than them. Maybe they're just too naive to understand what the other 11 seem to get. Maybe they have a grudge against the defendant that the other 11 don't share. These are all speculative reasons for why the one juror is holding out. The correct answer, which is a synonym for "recalcitrant", is just saying this lone juror is stubbornly resisting the majority's opinion (for whatever reason).

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