Reading Comprehension

PT138 · S1 · P4 · Q26 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.

26.

The author of passage A would be most likely to agree with which one of the following statements concerning the plan described in the last two sentences of the first paragraph of passage B?

  1. Officials should not implement the

    Out of Scope: implementation timeline

    Passage A says nothing relating to a timetable of when you implement a plan, so we'd have nothing to support this answer with.

    1% picked this

  2. Correct

    At least the plan would

    Why this is right

    "At least the plan would be better than _____ " definitely sounds like the qualified acceptance the author of Passage A felt about discretionary nonenforcement. And if we turned off the water of all 231,000 households, we would be "enforcing a rule to the letter", which Passage A warned us (in its 2nd paragraph) "could impose very heavy social costs".

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

    62% picked this

  3. The plan is a reasonable

    Out of Scope: the dept's history

    It makes sense that the author of Passage A would say this is a reasonable plan, but we have no idea if in the past the water department has shut the water off of 100% of delinquent accounts (enforcing rules to the letter). So we can't support that Passage A would make some historical claim, like "Given the past, this plan is reasonable". We can support that Passage A would make a claim like, "Given our other (worse) options, this plan is reasonable".

    17% picked this

  4. A better plan would have

    Opposite

    This indicates that Passage A would not be a fan of the city's discretionary nonenforcement, but that goes against the main point of Passage A. This points to a plan that sounds more like "fully enforce a new law to the letter on everyone", which is not something the author of A endorsed.

    8% picked this

  5. Instead of implementing the plan,

    Opposite

    This indicates that Passage A would not be a fan of the city's discretionary nonenforcement, but that goes against the main point of Passage A. This points to a plan that sounds more like "write a more specific, detailed law", which is not something the author of A thought was a realistic alternative.

    12% picked this

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