Bentham's Solution ·Inclusion is the rule, exclusion is the exception
If relevant, then include. Narrow exceptions made for exclusion. Flips the status quo of evidence law (exclusion rule, inclusion exception) on its head.
Example ·Evidence of defendant's past bank robberies
Sure, it's relevant. But it also prejudices the jury (meaning it makes jury think that being a bank-robber is in his character) and so hurts the jury's ability to decide correctly in this case.
Problem / Critique ·Bentham's exceptions are inconsistently applied
Bentham concedes that there can be other values more important than admitting relevant evidence. That's why he excludes sacramental confessions. Okay, but that same reason should also apply to exclude other privileged communications.
Despite the concerns raise, Bentham's idea of admitting evidence by default and excluding evidence only when there are clear reasons for doing so is now the standard.
The author mentions “lawyers” in P3: “Reform was frustrated both by the vested interests of lawyers and by the profession's reverence for tradition and precedent.” We know these are 18th-century lawyers, because these are the lawyers who were frustrating reform of 18th-century evidence law. Since the lawyers stood in the way of reform, the author’s attitude toward the lawyers is negative.
a
sympathetic
We’re looking for a negative attitude toward the lawyers.
7%
b
critical
This best captures the author’s attitude. The author is critical of them because they stood in the way of reform.
68%
c
respectful
We’re looking for a negative attitude toward the lawyers.
7%
d
scornful
This is too negative — the author isn’t contemptuous or disrespectful toward the lawyers.
7%
e
ambivalent
We’re looking for a negative attitude toward the lawyers. Ambivalent means having mixed feelings. There’s no evidence the author has mixed feelings toward the lawyers.
12%
Difficulty
68% of people who answer get this correct
This is a very difficult question.
It is similar in difficulty to other questions in this passage.
CURVE
Score of students with a 50% chance of getting this right
25%142
157
75%172
Analysis
Author’s attitude
Author’s attitude
Stems that ask us to infer how the author feels about a certain viewpoint or claim.
Stems asking us to infer an idea implied by the claims in the passage (as opposed to identifying an idea that appears explicitly). Similar to most strongly supported questions in LR.
Critique or debate passages contain multiple points of view on a particular subject. Sometimes the author takes sides and participates in the critique or debate, other times the author merely reports the debate.
Passages that present a particular problem and then discuss the implications of that problem. They also often explore one or more solutions to that problem (although they don’t have to).
