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Columnist: Tagowa’s testimony in the Pemberton trial was not heard outside the courtroom, so we cannot be sure what she said. Afterward, however, she publicly affirmed her belief in Pemberton’s guilt. Hence, since the jury found Pemberton not guilty, we can conclude that not all of the jury members believed Tagowa’s testimony.

Which one of the following describes a flaw in the columnist’s reasoning?

(A) It overlooks that a witness may think that a defendant is guilty even though that witness’s testimony in no way implicates the defendant.

(B) It confuses facts about what certain people believe with facts about what ought to be the case.

(C) It presumes, without providing warrant, that juries find defendants guilty only if those defendants committed the crimes with which they are charged.

(D) It presumes, without providing warrant, that a jury’s finding a defendant not guilty is evidence of dishonesty on the part of someone who testified against the defendant.

(E) It fails to consider that jury members sometimes disagree with each other about the significance of a particular person’s testimony.

EXPLANATION FROM Fox LSAT



Huh? Can’t witnesses say one thing inside the courtroom, and another thing outside the courtroom? The columnist admits that she doesn’t know what Tagowa said in the courtroom, and then goes on to say, “Jurors must not have believed Tagowa.” Big, unjustified assumption here: How the hell do you know that Tagowa didn’t tell a different story on the witness stand?

A) This isn’t written very clearly, but it’s exactly what we predicted. “In no way implicates” means “does not implicate” means “didn’t drop the dime.” So this answer choice points out the giant flaw we were looking for: Just because a witness says, outside of court, that she thinks a defendant is guilty does not mean that the witness, inside court, actually testified against the defendant. Looks perfect.

B) The argument never claims anything about what anybody “ought” to think.

C) The argument never claims that anyone found guilty actually committed the crime.

D) Close, but backward. The argument assumes that Tagowa was honest, not dishonest.

E) This is simply beside the point. It’s true that the argument “fails to consider” arguments between jurors over the significance of some witnesses vs. the significance of other witnesses, but who gives a ****? Every argument “fails to recognize” a lot of irrelevant matters… you can’t talk about everything in every single argument. This would be a lot better answer if it simply said, “Fails to consider that the jury might believe a witness who thinks the accused is guilty, but still find the accused not guilty.” That would be relevant here. But arguments between jurors is too specific, and too much of a stretch.

Our answer is A, because it matches the big flaw we predicted.
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