The fairness of the judicial process depends on the objective presenta

Question

The fairness of the judicial process depends on the objective presentation of facts to an impartial jury made up of one’s peers. Present the facts, and you have a fair trial. However, fact-finding, especially for interpersonal disagreements, is not so straightforward and is often contaminated by variables that reach beyond the legal domain.

A trial is an attempt to transport jurors to the time and place of the disputed event, to recreate the disputed event, or at least to explain that event with maximum accuracy. A trial falls short of this goal, however, because it presents selected witnesses who recite selected portions of their respective memories concerning selected observations of the disputed event. These multiple selections are referred to as the abstraction process. Limitations in both perception and memory are responsible for the fact that the remembered event contains only a fraction of the detail present during the actual event, and the delay between observation and recitation causes witnesses’ memories to lose even more of the original perceptions. During the course of a trial, a witness’s recitation of the now-abstracted events may reflect selected disclosure based on his or her attitudes and motivations surrounding that testimony. Furthermore, the incidents reported are dependent on the lines of inquiry established by the attorneys involved. Accordingly, the recited data are a fraction of the remembered data, which are a fraction of the observed data, which are a fraction of the total data for the event.

After the event that led to the trial has been abstracted by participants in the trial, jurors are expected to resolve factual issues. Some of the jurors’ conclusions are based on facts that were directly recited; others are found inferentially. Here another abstraction process takes place. Discussions during deliberations add to the collective pool of recalled evidentiary perceptions; nonetheless, the jurors’ abstraction processes further reduce the number of characteristics traceable to the original event.

Complication can arise from false abstractions at each stage. Studies have shown that witnesses recall having perceived incidents that are known to be absent from a given event. Conversely, jurors can remember hearing evidence that is unaccounted for in court transcripts. Explanations for these phenomena range from bias through prior conditioning or observer expectation to faulty reportage of the event based on the constraints of language. Aberrant abstractions in perception or recollection may not be conscious or deliberate, but reliability is nevertheless diluted.

Finally, deliberate untruthfulness has always been recognized as a risk of testimonial evidence. Such intentionally false abstractions, however, are only a small part of the inaccuracies produced by the abstraction process.    1 
 1. In this passage, the author’s main purpose is to

(A) discuss a process that jeopardizes the fairness of jury trials
(B) analyze a methodology that safeguards the individual’s right to fair trial
(C) explain why jurors should view eyewitness testimony with skepticism
(D) defend the trial-by-jury process, despite its limitations
(E) point out the unavoidable abuses that have crept into the judicial process

2 
 2. The author considers all of the following obstacles to a fair trial EXCEPT

(A) selective perceptions
(B) faulty communications
(C) partial disclosures
(D) intentional falsifications
(E) too few abstractions

3 
 3. The author would most likely agree that the abstraction process occurs in the judicial process primarily because

(A) some jurors’ conclusions are based on facts rather than on inferences
(B) remembered events depend upon an individual’s emotions
(C) human beings are the sources and users of data presented in trials
(D) it is difficult to distinguish between deliberate falsehood and unintentional selected disclosure
(E) witnesses often dispute one another’s recollections of events

4 
 4. It can be inferred that the author believes the ability of juries to resolve factual issues is

(A) limited by any individual juror’s tendency to draw inferences from the facts presented during the trial
(B) overwhelmed by the collective pool of recalled evidentiary perceptions
(C) unaffected by the process of trying to reenact the event leading to the trial
(D) dependent upon the jury’s ability to understand the influence of the abstraction process on testimony
(E) subject to the same limitations of perception and memory that affect witnesses

5 
 5. With which one of the following statements would the author most likely agree?

(A) If deliberate untruthfulness were all the courts had to contend with, jury trials would be fairer than they are today.
(B) Lack of moral standards is more of an impediment to a fair trial than human frailty.
(C) The bulk of the inaccuracies produced by the abstraction process are innocently presented and rarely have any serious consequences.
(D) If the inaccuracies resulting from the abstraction process persist, the present trial-by-jury system is likely to become a thing of the past.
(E) Once intentional falsification of evidence is eliminated from trials, ensuring an accurate presentation of facts will easily follow.

6 
 6. The author’s attitude toward the abstraction process that occurs when witnesses testify in a trial can best be described as

(A) confident that witnesses can be conditioned to overcome many limitations of memory
(B) concerned that it may undermine witnesses ability to accurately describe the original event in dispute
(C) critical of witnesses’ motivations when delivering testimony
(D) indifferent toward the effect the abstraction process has on testimony
(E) suspicious of witnesses’ efforts to describe remembered events truthfully

7 
 7. Given the information in the passage, the actual event that is disputed in a jury trial is most like

(A) a group of job applicants that is narrowed down to a few finalists
(B) a subject that is photographed from varied and increasingly distant vantage points
(C) scraps of fabric that are sewn together to make an intricately designed quilt
(D) a puzzle that is unsystematically assembled through trial and error
(E) a lie that is compounded by additional lies in order to be maintained

RC Butler 2021  -  Practice Two RC Questions Everyday.   
Passage # 189 Date: 13-May-2021
 This question is a part of RC Butler 2021 .  Click here for Details

Interstate76 · Accepted Answer

1. In this passage, the author’s main purpose is to:

A  - The author is introduces the idea and premise of a fair trial in the first paragraph, then proceeds to point out the various ways "fairness" may be violated which include factors affecting the perception of witnesses (1st paragraph), jurors (2nd paragraph), and liars (third paragraph). E may be a little tempting, but "unavoidable abuses" is wrong. No one is abusing the system.

2. The author considers all of the following obstacles to a fair trial EXCEPT:

E  - The author considers too MANY abstractions to be obstacles hence why most of the passage is dedicated to explaining what these abstractions are. A,B,C, and D are all found in the passage.

3. The author would most likely agree that the abstraction process occurs in the judicial process primarily because:

C  - Abstractions occur in the judicial process because jurors are using already abstracted testimonies from the witnesses. This causes more and more layers of partial and biased information to be laid on. To summarize this is simply stating human beings are the sources (witnesses) and users (jurors) of data presented in trials. Choice A has a little merit, but the question is asking for MOST LIKELY AGREE and having some jurors who base their testimonies on fact simply isn't compelling enough. Choice B may seem right but nowhere in the passage does it state emotions; it may seem like emotions, but bias and emotions are not the same. Choice E is wrong because although some testimonies may not align, nowhere does it say anyone is purposely trying to dispute another witness' testimony.

4. It can be inferred that the author believes the ability of juries to resolve factual issues is:
 
 E  - Jurors suffer from many of the same limitations that affect witnesses. Their abilities to recall pieces of testimony and presented evidence mixed with their own inferences (which are heavily dependent on existing biases) are what resolving factual issues is subject to. Choice A may seem right, but is too limited in scope. "Others are found inferentially". This means some people don't use inference as a way to derive their thought processes. Choice D also may sway one, but the jury has no idea what the abstraction process is, in fact if they knew it too well and have ways to counter it then this wouldn't be a problem after all!

5. With which one of the following statements would the author most likely agree?
 
 A  - This one is tough. Choice A is correct, but not too compelling. The author clearly downplays the severity of deliberate untruthfulness in the last paragraph (hence why Choice B is wrong). But deliberate untruthfulness after all, is a factor that influence the fairness of a trial. So yes, if we can eliminate it, then the world will be a better place. Choice C may seem alluring but the killer here is "rarely have serious consequences". If only this were true then the world would've been a better place. Sadly it is simply not. When people deliberately lie in court, it may lead to horrible horrible consequences (I've watched a lot of those falsely accused convicts Youtube videos, very sad). So for the second part of the sentence, this option is out. Choice E is also wrong because eliminating intentional falsification still leaves the other effects of abstraction on the table.

6. The author’s attitude toward the abstraction process that occurs when witnesses testify in a trial can best be described as:

B  - The whole passage is dedicated to explaining the various ways witnesses ability to accurately describe the original event in dispute may be undermined. The author is concerned these factors violate the fair process. The only other decent option here is Choice E, but the author's tone is a little different from suspicious. Even more, when one has problems describing remembered events truthfully, this is giving me the sense that person is lying and that is not what the author's attitude is towards testimonies.

7. Given the information in the passage, the actual event that is disputed in a jury trial is most like:

B  - The subject is the case at hand. The varied vantage points of photography are the witnesses (this can be almost literal). The increasingly distant vantage points are both the witnesses and jurors (they are getting farther and farther away from the truth through abstraction). Choice C gives me the feeling that unique interpretations come together to create one final intricate product - if this were true then there wouldn't be a point to write a passage about abstraction. Choice E is wrong as no one is here trying to maintain anything and not that many people are deliberately lying.

weirdcoffeeperson · Answer

All correct in 10:48!
This one wasn't that difficult. POE all the way

SejalT · Answer

Please explain why A is wrong for Q4?

Sajjad1994 · Answer

Option (A)  states that the ability of juries to resolve factual issues is limited by any individual juror's tendency to draw inferences from the facts presented during the trial. While it is true that jurors draw inferences from the facts presented, the passage does not specifically support the idea that this limitation affects the ability of juries to resolve factual issues.

The passage focuses on the abstraction process, limitations in perception and memory, and the influences on witness testimony. It discusses how witnesses' memories are abstracted and how jurors' own abstraction processes further reduce the characteristics traceable to the original event. The passage also highlights complications and inaccuracies that can arise from these abstractions and limitations.

However, the passage does not explicitly discuss the impact of individual jurors' tendencies to draw inferences on the ability to resolve factual issues. It does not provide evidence or arguments to suggest that this tendency limits the jury's ability to reach a factual resolution.

glagad · Answer

For Q7,

I chose A over B.

Reason:

In Choice A - We are talking about filtering job applicants from a pool (the author talks about multiple abstractions and only leaves a selective portion towards the end)

Reason to reject Choice B - The photograph is taken from different angle, in a way, however, the photograph is not getting distorted in any way. This seems more like a holistic but truthful representation of the subject unlike the case described int he passage.

Sajjad1994  do you mind weighing in as to what am I missing in my reasoning?

The fairness of the judicial process depends on the objective presenta

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The fairness of the judicial process depends on the objective presenta

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