Logical ReasoningDifficulty: Hard

PT7 S1 Q23 Explanation

Defendants who can afford expensive

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Stimulus

Defendants who can afford expensive private defense lawyers have a lower conviction rate than those who rely on court-appointed public defenders. This explains why criminals who commit lucrative crimes like embezzlement or avoiding conviction than are street criminals.

What this question is testing

Strengthen

Argument

The author observes that privately-defended defendants are convicted less often than publicly-defended ones, and uses this to explain why lucrative-crime criminals (who can afford private lawyers) avoid conviction more often than street criminals (who cannot).

Evaluate

The story being told is "expensive lawyers help you beat the rap." But there is an alternative explanation we need to rule out: maybe the privately-defended defendants are less often actually guilty. If wealthy defendants are more likely to be innocent — or more likely to be charged in cases the prosecution will lose anyway — then the lower conviction rate has nothing to do with lawyer skill and everything to do with the underlying facts.

Imagine: hospital A has a higher patient-survival rate than hospital B. If you want to argue "hospital A's doctors are better," you have to first rule out that hospital A simply admits less-sick patients. Otherwise the survival gap reflects who walked in the door, not who treated them.

Goal

Find an answer that ensures the privately-defended group and the publicly-defended group have similar rates of actual guilt — locking in lawyer quality as the real explanation.

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

The question
23.

The explanation offered above would be more persuasive if which one of the

Answer choices

  1. Opposite4% picked this

    Many street crimes, such as drug dealing, are extremely lucrative and those committing them can

    This says some street crimes are also lucrative and street criminals can also afford private lawyers. If true, that weakens the author's mapping between "lucrative crimes = private lawyers" and "street crimes = public defenders." The author's explanation depends on the income split between the two crime types; this answer blurs that split.

  2. No Impact14% picked this

    Most prosecutors are not competent to handle cases involving highly technical financial evidence and have more success in prosecuting cases

    This is about prosecutor capability, not defense lawyer quality or defendant guilt. The author's explanation is that defense lawyer quality drives the conviction-rate gap. Whether prosecutors are more skilled at one type of case versus another offers a different explanation entirely — but does not strengthen the author's specific claim about defense lawyers.

  3. No Impact19% picked this

    The number of criminals convicted of street crimes is far greater than the number of criminals convicted of

    The total number of street-crime convictions versus financial-crime convictions does not address the conviction rate comparison. Even if street crimes produce more convictions in absolute terms, the question is what percentage of charged defendants get convicted in each group — and that is what the author's argument is about.

  4. Correct58% picked this

    The percentage of defendants who actually committed the crimes of which they are accused is no greater for publicly defended

    Why this is right

    This rules out the alternative explanation. If the percentage of defendants who actually committed the crime is the same in privately- and publicly-defended groups, then the lower conviction rate among the privately-defended cannot be explained by them being less often guilty. The remaining explanation is that the lawyer quality is making the difference — exactly the author's claim. Eliminating the differential-guilt alternative strengthens the lawyer-quality story.

    Skill tested: Strengthen · how this choice captures the argument's function is the move to repeat next time.

  5. Opposite5% picked this

    Juries, out of sympathy for the victims of crimes, are much more likely to convict defendants accused of violent crimes than they are to

    This explains the conviction-rate gap with juror sympathy rather than lawyer quality. If juries are simply more inclined to convict violent-crime defendants (street criminals) and less inclined to convict victimless/property-crime defendants, that gives the conviction-rate gap a different cause — one that has nothing to do with lawyer expense. This weakens the author's explanation, not strengthens it.

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