Reading for the Real World 2 Second Edition – Test Bank

Unit 6

Law and Crime
Reading 1.1

The Reliability of Eyewitnesses

In 1984, Ronald Cotton was convicted of rape and sentenced to prison. The victim identified Cotton as her attacker and went on to testify twice against him even after seeing Bobby Pool, the man who boasted of committing the crime. Ten and a half years after the conviction, DNA testing proved that Pool was the rapist and that Cotton was innocent. Cotton was one of an estimated 4,250 Americans each year who are wrongfully convicted of crimes based on inaccurate eyewitness identifications.
How reliable are eyewitnesses? How much importance should juries place on eyewitness testimony? Over the past fifty years, scientific research has revealed that eyewitness testimony is ________________. Scientists now know that the human mind does not act like a video camera, recording and replaying everything within its viewfinder. 

Rather, human memory is a complex process, vulnerable to distortion at every stage. 

The gathering of information into memory involves a three-step process, and errors are possible at each step.
During the first step, an event is perceived, and “bits” of information are stored in memory. Since the human mind can’t process and retain every possible piece of information, it consciously and unconsciously determines which details are stored in the memory, according to where the viewer’s attention is focused. In the second step, the brain sorts and retains the memories for later retrieval. In the third and final step, it is possible for us to search our memory “files” and locate information.
 The type of event observed is significant in determining the accuracy of details the eyewitness is able to recall.  Important event factors include the length of the observation and the complexity of the event.  Moreover, a recent study showed that witness reliability is also affected by age.  If an observed event is fairly simple, such as two people fighting in the street, it is relatively easy for an eyewitness to recall details accurately.  However, if the event involves several people fighting, it becomes much more complex, and eyewitnesses experience much greater trouble in correctly remembering what happened.
Experiments have shown that fear, stress, and anxiety can disrupt the normal perception process and distort the memory. Under stress, people focus only on details they feel are most important. “Weapon focus” is an example. If someone is faced with a gun, he or she is much more likely to focus attention on the gun rather than on the person holding it. (A) ________, our expectations have an effect on perception. People tend to see and hear what they expect to see and hear. (B) ________, in a fascinating experiment, subjects were shown a photograph of several people standing in a subway train. Among the people, a white man holding a razor was apparently arguing with a black man. When asked to describe what they had seen, subjects often inaccurately remembered that the black man had been wielding the razor. This is because most people would expect a black man to commit a crime.
Memory can also  become distorted while in storage. Since memories degrade over time and portions of an event can  be forgotten, people creatively fill in the gaps created by long-term memory loss. This is because the human mind prefers a “complete” picture. An individual’s memory can also change  during the storage step by intervening occurrences. For example, a witness may read or hear about a crime he or she  witnessed. The mind tends to incorporate this after-the-fact information and  combining it with the previously stored memory.
Recently, courts have begun to acknowledge the problems with eyewitness reliability. Sometimes judges allow expert testimony to educate jurors about common misconceptions with eyewitnesses’ memories. A common saying in the United States legal system is, “Better to let ten guilty people go free than send one innocent person to jail.”

How reliable are eyewitnesses? How much importance should juries place on eyewitness testimony? Over the past fifty years, scientific research has revealed that eyewitness testimony is ________________. Scientists now know that the human mind does not act like a video camera, recording and replaying everything within its viewfinder.  Rather, human memory is a complex process, vulnerable to distortion at every stage.  The gathering of information into memory involves a three-step process, and errors are possible at each step.  During the first step, an event is perceived, and “bits” of information are stored in memory.  Since the human mind can’t process and retain every possible piece of information, it consciously and unconsciously determines which details are stored in the memory, according to where the viewer’s attention is focused.  In the third and final step, it is possible for us to search our memory “files” and locate information. 1. Where is the best place to insert the following sentence? In the second step, the brain sorts and retains the memories for later retrieval.      2. Which words best complete the blank?  typically the most useful type of evidence  heavily influenced by one’s childhood  often an incorrect account of an event  based on sounds more than sight  an honest description of a crime

 The type of event observed is significant in determining the accuracy of details the eyewitness is able to recall.  Important event factors include the length of the observation and the complexity of the event.  Moreover, a recent study showed that witness reliability is also affected by age.  If an observed event is fairly simple, such as two people fighting in the street, it is relatively easy for an eyewitness to recall details accurately.  However, if the event involves several people fighting, it becomes much more complex, and eyewitnesses experience much greater trouble in correctly remembering what happened. 3. Which sentence does not fit the flow of the passage?      4. What is the purpose of this passage?  To compare two methods of eyewitness questioning  To describe different types of witnesses  To give advice on how to improve memory of events  To explain the influence an event has on eyewitness reliability  To tell why the brain has problems remembering complex situations

Experiments have shown that fear, stress, and anxiety can disrupt the normal perception process and distort the memory. Under stress, people focus only on details they feel are most important. “Weapon focus” is an example. If someone is faced with a gun, he or she is much more likely to focus attention on the gun rather than on the person holding it. (A) ________, our expectations have an effect on perception. People tend to see and hear what they expect to see and hear. (B) ________, in a fascinating experiment, subjects were shown a photograph of several people standing in a subway train. Among the people, a white man holding a razor was apparently arguing with a black man. When asked to describe what they had seen, subjects often inaccurately remembered that the black man had been wielding the razor. This is because most people would expect a black man to commit a crime. 5. Choose the correct words for (A) and (B) (A) (B)  Hence Afterward  Additionally For instance  Subsequently Therefore  Hence For instance  Additionally Therefore 6. What is true according to the passage?  People under emotional strain recall details more accurately.  Studies show people frequently remember criminals’ faces.  Perceptions are often affected by people’s expectations.  Photographs help eyewitnesses remember important details.  People can overcome criminal stereotypes when recalling events.

Memory can also  become distorted while in storage. Since memories degrade over time and portions of an event can  be forgotten, people creatively fill in the gaps created by long-term memory loss. This is because the human mind prefers a “complete” picture. An individual’s memory can also change  during the storage step by intervening occurrences. For example, a witness may read or hear about a crime he or she  witnessed. The mind tends to incorporate this after-the-fact information and  combining it with the previously stored memory. 7. Which of the following is grammatically incorrect?      8. What is the best title for the passage?  Eyewitness Reliability Questioned  The Effects of Memory Loss on Eyewitnesses  Completing the Picture: Human Memory  How Human Memory is Affected by the Media  The Brain’s Capacity for Storing Memories

Reading 1.2

Misidentification
(A) In traditional police lineups, as many as 40 percent of witnesses can end up misidentifying a suspect. This happens even if the real criminal is not there. “Most witnesses see a lineup as a multiple choice test. They assume one of the suspects must be the right answer,” says Rod Lindsay, a psychology professor and specialist in issues of eyewitness identification. If witnesses are brought to the police station and presented with a lineup, they will often make a “relative judgment.” This means that the witness will choose the person in the lineup that closely resembles their memory of the perpetrator, which may be the wrong person.
(B) Finally, immediately following the lineup, the eyewitness should provide a written statement articulating the level of confidence in the identification. Also, videotaping the identification protects innocent suspects from any misconduct by the lineup administrator and ensures the legitimacy of the process. Both methods ensure that witnesses are not randomly picking a person.
(C) Another change is to get rid of the traditional lineup. Instead of showing several “suspects” at once, witnesses are shown suspects or photographs of suspects one at a time. Research has shown this method decreases the rate at which innocent people are identified.
(D) Many have called for changing the way suspects are identified. One such change is to present witnesses with a lineup that does not include any real suspects. If the witness does not misidentify any of the first six “suspects,” chances are greatly increased that they will make an accurate identification in the following lineup. Non-suspects included in the lineup should resemble the eyewitness’s description. This ensures the suspect is not singled out.
1. What is the main idea of the passage?

 Traditional police line-ups help eyewitnesses recall what they saw.

 Witnesses feel pressured to identify someone when faced with a line-up.

 New methods should be used to by witnesses to identify criminals.

 Suspects in a line-up may be singled out due to their physical appearance.

 Written statements give more credibility to witnesses’ testimonies.

2. What is the correct order of the paragraphs that come after (A)?

 (B) (D) (C)

 (C) (B) (D)

 (C) (D) (B)

 (D) (B) (C)

 (D) (C) (B)

Reading 2.2

The Assumption of Innocence

 Two basic forms of legal systems exist.  In one form, a person is viewed as innocent of any crime until evidence is presented that proves he or she is guilty. This form is known as “innocent until proven guilty.”  In contrast, when reporting on criminal news, journalists often refer to alleged criminals as ‘defendants’ or ‘suspects’ since they are presumed innocent until their guilt is certain.  The second basic form assumes a person is guilty of the crime he or she has been arrested for, and proof must be given to clear the person’s name.  This form is known as “guilty until proven innocent.”
The belief that anyone who is accused of a criminal offense should be considered innocent until proven guilty is an important part of universal human rights law and is laid down in Article Eleven of the United Nations Universal Declaration on Human Rights. In countries  operating under the “innocent until proven guilty” system, society has decided that it is better to allow a guilty person to go free than to imprison an innocent person. The presumption of innocence is testament to the belief  which people are basically honest and respectful of society’s laws. This system also aims  to preserve the human dignity of accused persons.
Under the system of “innocent until proven guilty,” the charge  made against any person is not evidence of guilt. This means the law does not require a person to prove his innocence or to produce any evidence at all. The government has the burden of proving guilt beyond a reasonable doubt. If it fails to do so, the person  is regarded as not guilty of the crime.
In the United States, a jury is formed to (A) [review / render] a verdict for court trials. Jury members are summoned from the general population. They consist of individuals who typically have little or no (B) [legal / formal] training. It is therefore necessary to (C) [assume / ensure] that the persons sitting on the jury are aware of the obligations each side has in presenting their case. In the United States, jury members may be read the following explanation regarding the “burden of proof” in a legal case:
“The defendant enters this courtroom as an innocent person, and you must consider him to be an innocent person until the State convinces you beyond a reasonable doubt that he is guilty of every element of the alleged offense. If, after all the evidence and arguments, you have a reasonable doubt as to the defendant’s having committed any one or more of the elements of the offense, then you must find him not guilty.”
Proof “beyond a reasonable doubt” means that a reasonable person would consider the accused criminal guilty. The law does not require the State to prove a defendant guilty beyond all possible doubt. (A) ________, it would be nearly impossible to prove the absolute guilt of many accused criminals. (B) __________, it is not sufficient to prove that the defendant is probably guilty. In a criminal case, the proof of guilt must be stronger than that. It must be beyond a reasonable doubt.
 A reasonable doubt is an actual doubt, not an imaginary doubt.  For instance, a person might be accused of stealing something from someone’s home.  There were no witnesses to the alleged crime, and the police did not find the accused person’s fingerprints at the scene.  Police arrested the person when he tried to sell one of the items that were stolen, but the suspect said that he found the stolen item discarded in a bush. 
Jury members should be guided only by a full and fair evaluation of the evidence. Whatever the verdict may be, it must not be based upon speculations. Nor should it be influenced in any way by bias, prejudice, sympathy, or a desire to bring an end to the duty of the jury.

 Two basic forms of legal systems exist.  In one form, a person is viewed as innocent of any crime until evidence is presented that proves he or she is guilty. This form is known as “innocent until proven guilty.”  In contrast, when reporting on criminal news, journalists often refer to alleged criminals as ‘defendants’ or ‘suspects’ since they are presumed innocent until their guilt is certain.  The second basic form assumes a person is guilty of the crime he or she has been arrested for, and proof must be given to clear the person’s name.  This form is known as “guilty until proven innocent.” 1. Which sentence does not fit the flow of the passage?      2. What is the purpose of the passage?  To define common legal terms  To inform how people are proven innocent  To explain the basis for two legal systems  To describe how different legal systems try cases  To give reasons why countries use certain legal systems

The belief that anyone who is accused of a criminal offense should be considered innocent until proven guilty is an important part of universal human rights law and is laid down in Article Eleven of the United Nations Universal Declaration on Human Rights. In countries  operating under the “innocent until proven guilty” system, society has decided that it is better to allow a guilty person to go free than to imprison an innocent person. The presumption of innocence is testament to the belief  which people are basically honest and respectful of society’s laws. This system also aims  to preserve the human dignity of accused persons. Under the system of “innocent until proven guilty,” the charge  made against any person is not evidence of guilt. This means the law does not require a person to prove his innocence or to produce any evidence at all. The government has the burden of proving guilt beyond a reasonable doubt. If it fails to do so, the person  is regarded as not guilty of the crime. 4. Choose the grammatically incorrect one.      5. What is the best title for this passage?  Why Innocent People are Imprisoned  When Courts Let the Guilty Go Free  The Basis for Innocent Until Proven Guilty  The Burden of Proof: Innocent Until Proven Guilty  Do Criminals Deserve to be Treated with Dignity?

In the United States, a jury is formed to (A) [review / render] a verdict for court trials. Jury members are summoned from the general population. They consist of individuals who typically have little or no (B) [legal / formal] training. It is therefore necessary to (C) [assume / ensure] that the persons sitting on the jury are aware of the obligations each side has in presenting their case. In the United States, jury members may be read the following explanation regarding the “burden of proof” in a legal case: “The defendant enters this courtroom as an innocent person, and you must consider him to be an innocent person until the State convinces you beyond a reasonable doubt that he is guilty of every element of the alleged offense. If, after all the evidence and arguments, you have a reasonable doubt as to the defendant’s having committed any one or more of the elements of the offense, then you must find him not guilty.” 5. What is NOT true according to this passage?  Juries in the US are assembled from the population at large.  It is important for jurors to understand what is expected of them.  Jurors may get an explanation about the burden of proof.  Jurors should be convinced of a defendant’s complete guilt.  Jurors find defendants guilty if they committed only one part of a crime. 6. Choose the correct words for A, B and C. (A) (B) (C)  review formal assume  render formal assume  render legal ensure  review legal ensure  review formal ensure

Proof “beyond a reasonable doubt” means that a reasonable person would consider the accused criminal guilty. The law does not require the State to prove a defendant guilty beyond all possible doubt. (A) ________, it would be nearly impossible to prove the absolute guilt of many accused criminals. (B) __________, it is not sufficient to prove that the defendant is probably guilty. In a criminal case, the proof of guilt must be stronger than that. It must be beyond a reasonable doubt.  A reasonable doubt is an actual doubt, not an imaginary doubt.  For instance, a person might be accused of stealing something from someone’s home.  There were no witnesses to the alleged crime, and the police did not find the accused person’s fingerprints at the scene.  Police arrested the person when he tried to sell one of the items that were stolen, but the suspect said that he found the stolen item discarded in a bush.  7. Choose the correct words for (A) and (B) (A) (B)  Indeed On the other hand  For example Therefore  Certainly On the other hand  Indeed Therefore  For example In fact 8. Where is the best place to insert the following sentence? In this case, there might be reasonable doubt whether the suspect really did find the item or actually stole it.     

Reading 2.2

Innocence Project

(A) In April 2002, after two years of exploring the issues, the committee set up by the Governor of Illinois to study problems in the legal system released its findings. (a) In the conclusion of the report, the committee wrote: “The Committee was unanimous in its belief that no system, given human nature and frailties, could ever be made that would work perfectly and guarantee absolutely that no innocent person is ever again sentenced to death.” This statement attests to the continued need for such organizations as the Innocence Project.
(B) The Innocence Project was created in 1992 by two law school professors in the United States. It is a non-profit legal clinic handling cases where DNA testing of evidence can yield proof of innocence after a person has already been sent to jail. (b) Most clients of the project are poor and have used up all of their legal avenues for relief. All Innocence Project clients go through an extensive screening process. (c) The process determines whether DNA testing of evidence could prove their claims of innocence.
(C) In fact, DNA testing has been a major factor in changing the criminal justice system. (d) It has provided scientific proof that the American justice system convicts and sentences innocent people. It has also proven that wrongful convictions are not isolated or rare events. In the year 2000, the Governor of Illinois put a temporary halt to all executions in that state. (e) The governor’s action was due to growing evidence that the death penalty was not being applied fairly in his state. In Illinois, thirteen prisoners were freed from death row after their innocence was proven. Five of these cases were proven through DNA testing.
1. What is the correct order of the paragraphs?

 (B) (A) (C)

 (B) (C) (A)

 (C) (A) (B)

 (A) (B) (C)

 (A) (C) (B)

2. Choose the sentence that best shows why executions in Illinois were stopped.

 a

 b

 c

 d

 e