Reading Comprehension

PT138 · S1 · P4 · Q23 Discretionary Nonenforcement

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Passage A Law enforcement agencies can effectively nullify particular laws, or particular applications of law, simply by declining to prosecute violators.

Topic

The exercise of selective enforcement and legal discretion: when and why authorities choose not to enforce laws or rules literally, illustrated by law enforcement and by a real-world municipal case about overdue water bills.

Framework

Answer / Explain (Passage A); Problem / Solution (Passage B); The passages together also illustrate Theme / Example (with B as an example of ideas in A).

Main Point

Passage A: Law enforcement agencies frequently use their discretion to not prosecute certain violations because laws are often written too broadly, and enforcing them strictly would be impractical and unfair. The author explains that nonenforcement helps prevent excessive costs without opening up too many loopholes. (Most Valuable Sentence: ) Passage B: Rather than using typical property-related debt collection methods (liens), city officials plan to cut water service to a select few as an enforcement measure, due to a legal loophole that prevents them from placing liens on water debt. The passage questions whether changing the law would be a better solution.

P1: Passage A - Introduction to the Power of Nonenforcement

Law enforcement can effectively ignore certain laws by choosing not to prosecute some violators, and the author sets out to explain why this is common.

P2: Passage A - Why Laws Are Overinclusive and the Value of Discretion

Laws are usually written too broadly, catching behavior that lawmakers didn't intend to ban, because it's hard to perfectly capture every scenario. Strict enforcement would be costly and could punish the innocent, but giving enforcement agencies discretion allows them to avoid these issues without making the law full of loopholes.

P3: Passage A - Limits and Oversight of Discretionary Enforcement

While enforcement agencies could theoretically use their discretion capriciously, in reality they're kept in check by legislative oversight, so their discretion typically aligns with what lawmakers intended the law to achieve.

23.

Both passages explicitly mention which one of the following?

  1. legal technicalities

    Trap

    2% picked this

  2. incentives

    Trap

    1% picked this

  3. Correct

    loopholes

    Why this is right

    Answer C is correct.

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

    95% picked this

  4. language

    Trap

    1% picked this

  5. overinclusive laws

    Trap

    1% picked this

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