Summarize Argument: Counter-Position
The author argues that mandatory minimum sentences for certain crimes are necessary in order to restrict judges’ discretion in deciding sentences. Why is restricting judicial discretion necessary? Because, says the author, people who rely on their judgment are often arbitrary and irrational, and there’s no reason to think judges are any different. So we can infer that judges are likely to use their discretion arbitrarily and irrationally, hence the need to restrict it.
Identify Conclusion
The conclusion is the author’s statement that restricting discretion “is precisely why mandatory minimum sentences are necessary.”
A
People believe that they have good judgment but never do.
Firstly, the use of “never” here makes this much stronger than what the author actually says. Secondly, even if this was stated, the author’s claim about people’s belief in their judgment is not supported by anything else, so not the conclusion.
B
Mandatory minimum sentences are too mechanical and reduce judicial discretion.
Like (C), the author argues against this statement. Some judges believe this, but the author’s argument is designed to prove the opposite, that mandatory minima are a necessary restriction.
C
Judges should be free to exercise their own judgment.
Like (B), the author argues against this statement. The point the argument is trying to make is that judges’ freedom of judgment should be limited because they may be arbitrary and irrational.
D
Judges are often arbitrary and irrational.
This can be inferred from the author’s argument, but the idea that judges are often arbitrary and irrational acts as support for the claim that restricting judges is necessary. That makes this an implicit sub-conclusion, not the main conclusion.
E
Mandatory minimum sentences are needed to help prevent judicial arbitrariness.
This is a good paraphrase of the author’s conclusion. The argument leads us to believe that judges would likely act arbitrarily without restriction, thereby supporting this conclusion, that mandatory minimum sentences are a necessary measure.
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