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 Administrator
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#74967
Complete Question Explanation

CR, Must Be True, SP. The correct answer choice is A.

The question stem clearly refers to the opinion of "one critic" embedded in lines 21-25 of the passage, which read in relevant part: "Nor, they claim, can judges’ instructions to juries to ignore information learned outside the courtroom be relied upon; one critic characterizes such instruction as requiring of jurors "mental contortions which are beyond anyone’s power to execute."

The "mental contortions" are part of the critic's description of "such instruction," and "such instruction" is the one discussed just previously, the instruction "to ignore information learned outside the courtroom." Whatever mental contortions the critic is referring to, because of the wording of the sentence, they must be mental contortions performed with respect to that specific instruction to ignore information learned outside the courtroom. Thus, any answer choice should refer to the critic's likely belief that jurors cannot ignore such information (since the critic believes that is "beyond anyone's power to execute").

Answer Choice (A): This is the correct answer choice. The answer refers to jurors' inability to ignore what they learn outside the courtroom (i.e. "what they knew beforehand"), which is precisely what we anticipated from our review of lines 21-25.

Answer Choice (B): The instruction in lines 21-25 is not about making a distinction between speculation made before a trial and the facts of a case, thus this answer is incorrect.

Answer Choice (C): The instruction in lines 21-25 of the passage is about something subtly different than what answer choice C discusses. The passage talks about ignoring information learned outside the courtroom (i.e. setting it aside entirely). Answer choice C talks about forming a preconceived opinion about the case. To form a preconceived opinion is to take information and come to a view of the case based on it. But the instruction referenced in the passage doesn't talk about that next step of coming to a view of the case. It simply says to "ignore" the information (whatever an individual juror might subsequently do with that information in her or his own mind).

Answer Choice (D): "Ignor[ing] information" (the instruction in the passage) is different from what answer choice D states about performing the self-reflection necessary to identify accurately the degree of prior knowledge someone has of a case.

Answer Choice (E): Lines 21-25 of the passage do not refer specifically to "pretrial publicity," thus answer choice E cannot be supported from the passage.
 Tajadas
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#74933
Hello,

I do not understand why C) is an incorrect answer.

From what I understand, the judge's instructions are meant to minimize impartiality in the courtroom by attempting to restrict the information jurors use to base their opinions to only information presented during the trial. The critic characterizes judges' instructions "to juries to ignore information learned outside the courtroom" as a "mental contortion", in other words, realistically impossible.

I believe that, according to the critic, the jurors should not be expected to "hear about a case before trial without forming an opinion about it". It is unrealistic to expect a juror to not form an opinion on information they've heard, because it is impossible for jurors to ignore information just because they were told to. In one way or another, they will form an opinion using that information. To do otherwise would be a "mental contortion". Because of this, it becomes impossible for the judge to maintain the impartiality of jurors through the judge's instruction.

I'd appreciate any help in understanding why this reasoning is not valid.
Last edited by Tajadas on Mon Apr 20, 2020 11:32 pm, edited 1 time in total.
 Jeremy Press
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#74957
Hi Tajadas,

We've posted a complete question explanation above, so take a look at that and let us know if it resolves your question about answer choice C--thanks!

Jeremy

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