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Questions i and ii are based on the following: Although its [#permalink]
03 Mar 2005, 00:00
Question Stats:
0% (00:00) correct
0% (00:00) wrong based on 0 sessions
Questions i and ii are based on the following:
Although its purpose is laudable, the exclusionary rule, which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts. Even when the rights violation was a minor or purely technical one, turning on a detail of procedure rather than on the abrogation of some fundamental liberty, and even when it has been clear that the police officers were acting in good faith, the evidence obtained has been considered tainted under this rule and may not even by introduced. In consequence, defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again.
i. The author of the passage above assumes all of the following EXCEPT:
(A) The constitutional rights of criminal defendants should be protected.
(B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles.
(C) The number of cases whose outcome has been affected by the exclusionary rule is significant.
(D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses.
(E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.
ii. It can be inferred from the passage that the author would most likely endorse which of the following proposals?
(A) Change of the exclusionary rule to admit evidence obtained by police officers acting in good faith
(B) A constitutional amendment curtailing some of the protections traditionally afforded those accused of a crime
(C) A statute limiting the application of the exclusionary rule to cases involving minor criminal offenses
(D) Change of the exclusionary rule to allow any evidence, no matter how obtained, to be introduced in court
(E) A constitutional amendment allowing police officers to obtain vital evidence by any means necessary when in pursuit of a known criminal
Sorry Guys, I do not have OA.
Last edited by MA on 10 Mar 2005, 23:45, edited 3 times in total.
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GMAT Club Legend
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i.(D). This is a fact. Some of the defendatns set free under the exclusionary rule is guilty of serious criminal offenses. This is provided for in the argument, and 'some' is not extreme. So this choice is not an assumption. An assumption cannot be a fact.
ii.(B). The author does not says he wants the constitutional rights of the accused to be removed, but he wants evidence obtained to be admitted in court, if the means of obtaining the evidence invovles only just some technicality etc
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I choose "D", "A".
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I choose (C) and (A)
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anandnk wrote: I choose (C) and (A)
I was thinking abt "C" also for the first one, then realized that nowhere in the passage it says that the numbers r significant, so it has to be part of an assumption ?
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banerjeea_98 wrote: anandnk wrote: I choose (C) and (A) I was thinking abt "C" also for the first one, then realized that nowhere in the passage it says that the numbers r significant, so it has to be part of an assumption ?
Even if he does not make this assumption (meaning one or two cases the evidence has been ruledout) the author can go ahead and make a statement still.
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Director
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I will go with (C) and (A)..
IN (i)... (D) is part of assumption.. because if (D) is true, then defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again.
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Re: CR Criminal Rights [#permalink]
03 Mar 2005, 21:42
I would choose B and A.
For the first question, D and E are easily refuted. A can be refuted because of the word "laudable", and C can be refuted by the word "unduly".
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On a second thought, for first question B can also be refuted by the word "unduly", while E is more like a conclusion, not an assumption.
I guess I would have to change my answer to (E), (A) (and by doing so increase the range of answers for the first question  ).
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Re: CR Criminal Rights [#permalink]
10 Mar 2005, 00:30
MA wrote: Questions i and ii are based on the following: Although its purpose is laudable, the exclusionary rule, which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts. Even when the rights violation was a minor or purely technical one, turning on a detail of procedure rather than on the abrogation of some fundamental liberty, and even when it has been clear that the police officers were acting in good faith, the evidence obtained has been considered tainted under this rule and may not even by introduced. In consequence, defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again.
i. The author of the passage above assumes all of the following EXCEPT:
(A) The constitutional rights of criminal defendants should be protected. (B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles. (C) The number of cases whose outcome has been affected by the exclusionary rule is significant. (D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses. (E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.
ii. It can be inferred from the passage that the author would most likely endorse which of the following proposals?
(A) Change of the exclusionary rule to admit evidence obtained by police officers acting in good faith (B) A constitutional amendment curtailing some of the protections traditionally afforded those accused of a crime (C) A statute limiting the application of the exclusionary rule to cases involving minor criminal offenses (D) Change of the exclusionary rule to allow any evidence, no matter how obtained, to be introduced in court (E) A constitutional amendment allowing police officers to obtain vital evidence by any means necessary when in pursuit of a known criminal
(1)
(A) The constitutional rights of criminal defendants should be protected.
'Although its purpose is laudable' .....
(B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles.
we cannot get this, because the passage only said 'even......'
(C) The number of cases whose outcome has been affected by the exclusionary rule is significant.
'....has unduly hampered law-enforcement efforts.....' might explain this
(D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses.
right, the culprit might be serious or not serious criminal offenses.
(E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.
That's the autor's real intent.
(2)
almost pick D, but admit to A is better.
OA?
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Director
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D and A
OA please
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I choose B and A because he doesnt assume these r technical violations of the constitution or of the human rights of supposed criminals he assumes these are violations which provide info that play critical roles in cases. besides "techincal violations" makes me feel like as if it is trivial in nature. if people are getting off on this clause it aint trivial at all
but i could be wrong....i think C is wrong because if the # of cases wasnt significant then why does anyone care?
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