By the Time Bentham Turned his Interest to the Subject, Late in the Eighteenth Century GMAT Reading Comprehension

Reading Passage Question

By the time Bentham turned his interest to the subject, late in the eighteenth century, most components of modern evidence law had been assembled. Among common-law doctrines regarding (5) evidence there were, however, principles that today are regarded as bizarre; thus, a well-established (but now abandoned) rule forbade the parties to a case from testifying. Well into the nineteenth century, even defendants in criminal cases were denied the right to (10) testify to facts that would prove their innocence. Although extreme in its irrationality, this proscription was in other respects quite typical of the law of evidence. Much of that law consisted of rules excluding relevant evidence, usually on some rational (15) grounds. Hearsay evidence was generally excluded because absent persons could not be cross-examined. Yet such evidence was mechanically excluded even where out-of-court statements were both relevant and reliable, but the absent persons could not appear in (20) court (for example, because they were dead).

The morass of evidentiary technicalities often made it unlikely that the truth would emerge in a judicial contest, no matter how expensive and protracted. Reform was frustrated both by the vested interests of (25) lawyers and by the profession’s reverence for tradition and precedent. Bentham’s prescription was revolutionary: virtually all evidence tending to prove or disprove the issue in dispute should be admissible. Narrow exceptions were envisioned: instances in (30) which the trouble or expense of presenting or considering proof outweighed its value, confessions to a Catholic priest, and a few other instances. One difficulty with Bentham’s nonexclusion principle is that some kinds of evidence are inherently (35) unreliable or misleading. Such was the argument underlying the exclusions of interested-party testimony and hearsay evidence. Bentham argued that the character of evidence should be weighed by the jury: the alternative was to prefer ignorance to knowledge. (40) Yet some evidence, although relevant, is actually more likely to produce a false jury verdict than a true one. To use a modern example, evidence of a defendant’s past bank robberies is excluded, since the prejudicial character of the evidence substantially outweighs its (45) value in helping the jury decide correctly. Further, in granting exclusions such as sacramental confessions, Bentham conceded that competing social interests or values might override the desire for relevant evidence. But then, why not protect conversations between social (50) workers and their clients, or parents and children?

Despite concerns such as these, the approach underlying modern evidence law began to prevail soon after Bentham’s death: relevant evidence should be admitted unless there are clear grounds of policy for (55) excluding it. This clear-grounds proviso allows more exclusions than Bentham would have liked, but the main thrust of the current outlook is Bentham’s own non exclusion principle, demoted from a rule to a presumption.

“By the time Bentham turned his interest to the subject, late in the eighteenth century"- is a GMAT reading comprehension passage with answers. Candidates need a strong knowledge of English GMAT reading comprehension.

This GMAT Reading Comprehension consists of 7 comprehension questions. The GMAT Reading Comprehension questions are designed for the purpose of testing candidates’ abilities in understanding, analyzing, and applying information or concepts. Candidates can actively prepare with the help of GMAT Reading Comprehension Practice Questions.

Solution and Explanation

1. Which one of the following is the main idea of the passage?

(A) Bentham questioned the expediency of modern rules of legal evidence.
(B) Bentham’s proposed reform of rules of evidence was imperfect but beneficial.
(C) Bentham’s nonexclusion principle should be reexamined in the light of subsequent developments.
(D) Rules of legal evidence inevitably entail imperfect mediations of conflicting values and constraints.
(E) Despite their impairment of judicial efficiency, rules of legal evidence are resistant to change.

2. The author’s attitude toward eighteenth-century lawyers can best be described as

(A) sympathetic
(B) critical
(C) respectful
(D) scornful
(E) ambivalent

3. The author mentions “conversations between social workers and their clients” (lines 49–50) most probably in order to

(A) suggest a situation in which application of the nonexclusion principle may be questionable
(B) cite an example of objections that were raised to Bentham’s proposed reform
(C) illustrate the conflict between competing social interests
(D) demonstrate the difference between social interests and social values
(E) emphasize that Bentham’s exceptions to the nonexclusion principle covered a wide range of situations

4. Which one of the following statements concerning the history of the law of evidence is supported by information in the passage?

(A) Common-law rules of evidence have been replaced by modern principles.
(B) Modern evidence law is less rigid than was eighteenth-century evidence law.
(C) Some current laws regarding evidence do not derive from common-law doctrines.
(D) The late eighteenth century marked the beginning of evidence law.
(E) Prior to the eighteenth century, rules of evidence were not based on common law.

5. The passage is primarily concerned with which one of the following?

(A) suggesting the advantages and limitations of a legal reform
(B) summarizing certain deficiencies of an outmoded legal system
(C) justifying the apparent inadequacies of current evidence law
(D) detailing objections to the nonexclusion principle
(E) advocating reexamination of a proposal that has been dismissed by the legal profession

6. According to the fourth paragraph of the passage, what specifically does Bentham characterize as preference of ignorance to knowledge?

(A) uncritical acceptance of legal conventions
(B) failure to weigh the advantages of legal reform
(C) exclusion of sacramental confessions
(D) refusal to allow the jury to hear and assess relevant testimony
(E) rejection of exceptions to Bentham’s non exclusion principle

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