PT21.S3.Q15

PrepTest 21 - Section 3 - Question 15

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Politician: The mandatory jail sentences that became law two years ago for certain crimes have enhanced the integrity of our system of justice, for no longer are there two kinds of justice, the kind dispensed by lenient judges and the kind dispensed by severe ones.

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Understanding the Advocate's Reply

Our goal here is to describe the advocate's method of reasoning in replying to the politician. The politician claims that a mandatory sentencing law has given the justice system more integrity by decreasing the impact of individual judges on sentencing decisions. The advocate broadly disagrees—and we need to explain how the advocate gets there.

The advocate concludes that the mandatory sentencing law should be repealed, with the implication being that this law actually undermines the system's integrity. This is precisely because it reduces judges' discretion: now, juries will sometimes acquit a defendant entirely rather than subject them to an unfair mandatory sentence. The advocate explains that this leads to inaccurate verdicts, which we can infer is not desirable in our justice system.

In this argument, the advocate does not disagree with the politician's premise that mandatory sentences level the field between judges. The advocate instead relies on an implication of this premise: that juries will now improperly acquit some defendants. This implication undermines the politician's conclusion that mandatory sentences enhance the system's integrity.

Answer Choice Strategy

We can expect the answer choices to use abstract language, which can make it difficult to see which choices are correct or incorrect. One strategy to address this is to make abstract ideas concrete by linking them back to the stimulus. If an answer choice refers to "a premise of the politician's argument", we want to identify exactly which premise it's talking about so we can assess whether it's accurate, and so on.

Another thing to keep in mind is that even one false claim makes an answer choice wrong. It doesn't matter how good the rest of it looks—as soon as an answer choice says something inaccurate, we can eliminate. This can be helpful to quickly eliminate a few answer choices, leaving us more time to consider any remaining answer choices in more depth.

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15.

Which one of the following ███████████ ██ ██████ ████████ ███ ██████████ ████ ███ █████████ █████ ███ ██████████ ███ ██████ ████████████ █████████

a

Juries should always ████████ ███████ ███ ███ ██ ███ ████████ ██████ ███ ██████████ █████ ██████████ ███ █████████████ ██████ ███ ██ ███ █████ ██ █████ ██ █████ ████ ██████ ██████ ███ ██████████

(A) defines when juries should properly acquit, but that's not what the argument is concerned with. The advocate discusses situations where juries improperly acquit, just because the mandatory sentence is too harsh. For (A) to weaken the argument, it would need to tell us that improper acquittals aren't actually a problem—but it doesn't do that.

It might be tempting to choose (A) because it's the only answer choice that discusses juries, which are central to the advocate's argument. But when we look closely at how (A) affects the argument, it doesn't actually do much.

19%
b

A system of ███████ ██████ ███████ ██████ ████ ███ ████████ ███████ ███ ████ ██████ ███ ██ ███████ ██████ ███ ███████

The advocate has no issue with the role of judges, and never claims that judges' actions should not be defined. (B) is fully compatible with the advocate's argument: repealing the mandatory sentencing law would still leave judges with a defined role in the justice system. Having sentencing discretion isn't the same as having an undefined role.

If the advocate wanted to give judges free rein to do absolutely anything in the courtroom, then (B) could be a weakening answer. But as it is, the advocate's conclusion is limited enough that (B) doesn't affect it. Whether judges' role should be defined isn't in question.

20%
c

A system of ███████ ██████ ███ ███████ ███ █████ █████████ ██ ███ ████ ██ ███ ██████ ████████ ██ █████ ██ ███████

The advocate's argument doesn't rely on the idea of juries' legal expertise at all. Yes, the advocate identifies an issue relating to juries, but the proposed solution has nothing to do with jury members' expertise. The advocate's proposal is to leave juries as they are, and just repeal the mandatory sentencing law.

3%
d

Changes in a ██████ ██ ███████ ██ ████████ ██ ████ ███████████ ███████ ██ ███ ██████ ██████ ██ ████ ██ ████ ██ ████████ ████ ████ ███████ ███ ████ ██████████ ██ ████████████

The advocate has identified an undesirable feature of the justice system: mandatory sentencing leads juries to acquit even when the defendant is guilty. The advocate wants to change the system by repealing the mandatory sentencing law, and (D) is totally compatible with that. (D) just says we should make the change quickly, but doesn't weaken the advocate's proposal of what the change should be.

2%
e

Changes in a ██████ ██ ███████ ████ ███████ ███████████ ████████████ ██████ ██ ████████ ████ ██ ██ ██ ███ ████████ ██ ██████████ █████ ███████████ ████████████ ███████ ███████ █████████████

The argument discusses a change that produces undesirable consequences: the new mandatory sentencing law, which has the consequence of causing juries to improperly acquit defendants. (E) says the only reason we would reverse that change is if it's impossible to fix the resulting problem another way. The advocate never shows that repealing the law is the only solution, which allows (E) to weaken.

In other words, (E) creates a necessary condition for the advocate's proposal of repealing the law: it has to be the only possible solution. Another solution, which would build on the change rather than reversing it, would be preferable. Since the advocate never considers alternatives, (E) undermines the advocate's rush to propose a reversal.

55%

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