TOEFL Experts Reading Practice 33

 
Reading Section
 
 
This section measures your ability to understand academic passages in English. You can skip questions and go back to them later as long as there is time remaining.
 
 
 
 
Now begin the Reading section.
 
Reading Section
 
 
This section measures your ability to understand academic passages in English. You can skip questions and go back to them later as long as there is time remaining.
 
 
 
 
Now begin the Reading section.
The Sixth Amendment
 
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  The Sixth Amendment to the United States Constitution provides a set of rights to people accused of crimes—including, most famously, the right to counsel. This right specifies that people accused of crimes are entitled to be represented by an attorney. It is the most well-known right granted by the Sixth Amendment, and the reason may be that, according to the Supreme Court, it is the most important of the Sixth Amendment rights. In the 1984 case United States v. Cronic, which was a case about how to interpret the Sixth Amendment’s right to counsel, the Supreme Court wrote, “Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have.”

  Today, the Sixth Amendment entitles all people of any age (including juveniles, or children under the age of 18) to legal representation (an attorney) when they face potential imprisonment through criminal proceedings. The attorney must be available at every “critical stage” of the person’s legal case, and the attorney must also provide “effective representation.” In the 1963 case Gideon v. Wainwright, the Supreme Court ruled that this right must be provided by the states. The states may delegate the obligation to smaller governmental entities within, such as counties and cities, but they must make sure that the counties and cities are able to fulfill their duty, so that the right is not violated by any level of government.

  The Sixth Amendment changed the landscape of criminal justice in the United States. Prior to its adoption, criminal cases looked very different. Victims, not government officials (prosecutors), typically brought cases against the people they accused of committing a crime against them. Now, it is the government that brings a criminal case—the victim may be a witness who testifies, but he or she is not one of the two “parties” to the case. Before the adoption of the Sixth Amendment, typically neither side was represented by a lawyer in a criminal case. Finally, criminal trials were much shorter prior to the Sixth Amendment. Instead of weeks or even months, such trials lasted only minutes or hours. It was when lawyers became integral to the process that trials became longer and increased in complexity.

  As the United States criminal justice system expanded and grew more complicated, trials became more expensive to conduct, and the system became congested by the number of cases. It is at least in part for this reason—to save time and money—that the “plea bargain” emerged. A plea bargain is an agreement between the prosecution and the defense. Under the “plea,” the defendant agrees to plead guilty or “no contest” in exchange for sentencing for a lesser offense, which generally results in a shorter sentence or less severe penalty.

  The trend toward plea bargaining began in the 1800s, but it was in the 1900s that plea bargains began to dominate the criminal justice process in the United States. By the 1930s, 90 percent of convictions were achieved through plea bargains. At that time, federal prosecutions under the Prohibition Act, which outlawed alcohol consumption (among other related things), had become so numerous that the only way of moving cases through the system seemed to be to encourage those accused of minor offenses to accept lighter penalties. Today, that percentage is even higher and includes all levels of offenses, not just minor ones. In 2013, more than 97 percent of federal cases that were not dismissed were resolved through plea bargaining. That means less than 3 percent went to trial. When state cases are added, the combined percentage of cases that are resolved through plea bargains hovers around 90 to 95 percent.

The Sixth Amendment
 
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  The Sixth Amendment to the United States Constitution provides a set of rights to people accused of crimes—including, most famously, the right to counsel. This right specifies that people accused of crimes are entitled to be represented by an attorney. It is the most well-known right granted by the Sixth Amendment, and the reason may be that, according to the Supreme Court, it is the most important of the Sixth Amendment rights. In the 1984 case United States v. Cronic, which was a case about how to interpret the Sixth Amendment’s right to counsel, the Supreme Court wrote, “Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have.”

  Today, the Sixth Amendment entitles all people of any age (including juveniles, or children under the age of 18) to legal representation (an attorney) when they face potential imprisonment through criminal proceedings. The attorney must be available at every “critical stage” of the person’s legal case, and the attorney must also provide “effective representation.” In the 1963 case Gideon v. Wainwright, the Supreme Court ruled that this right must be provided by the states. The states may delegate the obligation to smaller governmental entities within, such as counties and cities, but they must make sure that the counties and cities are able to fulfill their duty, so that the right is not violated by any level of government.

  The Sixth Amendment changed the landscape of criminal justice in the United States. Prior to its adoption, criminal cases looked very different. Victims, not government officials (prosecutors), typically brought cases against the people they accused of committing a crime against them. Now, it is the government that brings a criminal case—the victim may be a witness who testifies, but he or she is not one of the two “parties” to the case. Before the adoption of the Sixth Amendment, typically neither side was represented by a lawyer in a criminal case. Finally, criminal trials were much shorter prior to the Sixth Amendment. Instead of weeks or even months, such trials lasted only minutes or hours. It was when lawyers became integral to the process that trials became longer and increased in complexity.

  As the United States criminal justice system expanded and grew more complicated, trials became more expensive to conduct, and the system became congested by the number of cases. It is at least in part for this reason—to save time and money—that the “plea bargain” emerged. A plea bargain is an agreement between the prosecution and the defense. Under the “plea,” the defendant agrees to plead guilty or “no contest” in exchange for sentencing for a lesser offense, which generally results in a shorter sentence or less severe penalty.

  The trend toward plea bargaining began in the 1800s, but it was in the 1900s that plea bargains began to dominate the criminal justice process in the United States. By the 1930s, 90 percent of convictions were achieved through plea bargains. At that time, federal prosecutions under the Prohibition Act, which outlawed alcohol consumption (among other related things), had become so numerous that the only way of moving cases through the system seemed to be to encourage those accused of minor offenses to accept lighter penalties. Today, that percentage is even higher and includes all levels of offenses, not just minor ones. In 2013, more than 97 percent of federal cases that were not dismissed were resolved through plea bargaining. That means less than 3 percent went to trial. When state cases are added, the combined percentage of cases that are resolved through plea bargains hovers around 90 to 95 percent.

(P1)  The Sixth Amendment to the United States Constitution provides a set of rights to people accused of crimes—including, most famously, the right to counsel. This right specifies that people accused of crimes are entitled to be represented by an attorney. It is the most well-known right granted by the Sixth Amendment, and the reason may be that, according to the Supreme Court, it is the most important of the Sixth Amendment rights. In the 1984 case United States v. Cronic, which was a case about how to interpret the Sixth Amendment’s right to counsel, the Supreme Court wrote, “Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have.”

Q:  In paragraph 1, what does the author claim about the right to counsel in the United States Constitution?
It is the most pervasive of the rights guaranteed by the Sixth Amendment.
It is provided both to people accused of crimes and to people suspected of crimes.
It is the most important of all the rights guaranteed by the Constitution.
It is the most well-known right of those guaranteed by the Sixth Amendment.
(P1)  The Sixth Amendment to the United States Constitution provides a set of rights to people accused of crimes—including, most famously, the right to counsel. This right specifies that people accused of crimes are entitled to be represented by an attorney. It is the most well-known right granted by the Sixth Amendment, and the reason may be that, according to the Supreme Court, it is the most important of the Sixth Amendment rights. In the 1984 case United States v. Cronic, which was a case about how to interpret the Sixth Amendment’s right to counsel, the Supreme Court wrote, “Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have.”

Q:  Which of the following can be inferred from paragraph 1 about the right to counsel?
Is it only considered important because of a Supreme Court ruling.
At times, it can be interpreted by a court.
It typically depends on the other Sixth Amendment rights.
It is the primary cause of employment for attorneys.
(P2)  Today, the Sixth Amendment entitles all people of any age (including juveniles, or children under the age of 18) to legal representation (an attorney) when they face potential imprisonment through criminal proceedings. The attorney must be available at every “critical stage” of the person’s legal case, and the attorney must also provide “effective representation.” In the 1963 case Gideon v. Wainwright, the Supreme Court ruled that this right must be provided by the states. The states may delegate the obligation to smaller governmental entities within, such as counties and cities, but they must make sure that the counties and cities are able to fulfill their duty, so that the right is not violated by any level of government.

Q:  The word “delegate” in the passage is closest in meaning to
Adjust
Justify
Explain
Assign
→(P2)  Today, the Sixth Amendment entitles all people of any age (including juveniles, or children under the age of 18) to legal representation (an attorney) when they face potential imprisonment through criminal proceedings. The attorney must be available at every “critical stage” of the person’s legal case, and the attorney must also provide “effective representation.” In the 1963 case Gideon v. Wainwright, the Supreme Court ruled that this right must be provided by the states. The states may delegate the obligation to smaller governmental entities within, such as counties and cities, but they must make sure that the counties and cities are able to fulfill their duty, so that the right is not violated by any level of government.

Q:  According to Gideon v. Wainwright, the Supreme Court determined that the obligation to provide counsel
Fell to the states, which could in turn delegate it
Had to be directly carried out by the states themselves
Could be met by counties but not by cities
Was primarily a responsibility of federal courts
(P2)  Today, the Sixth Amendment entitles all people of any age (including juveniles, or children under the age of 18) to legal representation (an attorney) when they face potential imprisonment through criminal proceedings. The attorney must be available at every “critical stage” of the person’s legal case, and the attorney must also provide “effective representation.” In the 1963 case Gideon v. Wainwright, the Supreme Court ruled that this right must be provided by the states. The states may delegate the obligation to smaller governmental entities within, such as counties and cities, but they must make sure that the counties and cities are able to fulfill their duty, so that the right is not violated by any level of government.

Q:  The word “they” in the passage refers to
States
Counties
Smaller governmental entities
Cities
→(P3)  The Sixth Amendment changed the landscape of criminal justice in the United States. Prior to its adoption, criminal cases looked very different. Victims, not government officials (prosecutors), typically brought cases against the people they accused of committing a crime against them. Now, it is the government that brings a criminal case—the victim may be a witness who testifies, but he or she is not one of the two “parties” to the case. Before the adoption of the Sixth Amendment, typically neither side was represented by a lawyer in a criminal case. Finally, criminal trials were much shorter prior to the Sixth Amendment. Instead of weeks or even months, such trials lasted only minutes or hours. It was when lawyers became integral to the process that trials became longer and increased in complexity.

Q:  The phrase “integral to” in the passage is closest in meaning to
Committed to
Involved in
Essential to
Ideal for
→(P3)  The Sixth Amendment changed the landscape of criminal justice in the United States. Prior to its adoption, criminal cases looked very different. Victims, not government officials (prosecutors), typically brought cases against the people they accused of committing a crime against them. Now, it is the government that brings a criminal case—the victim may be a witness who testifies, but he or she is not one of the two “parties” to the case. Before the adoption of the Sixth Amendment, typically neither side was represented by a lawyer in a criminal case. Finally, criminal trials were much shorter prior to the Sixth Amendment. Instead of weeks or even months, such trials lasted only minutes or hours. It was when lawyers became integral to the process that trials became longer and increased in complexity.

Q:  Paragraph 3 states that since the adoption of the Sixth Amendment, the victim of a crime may
Bring a criminal case against the accused
Testify as a witness in the case
Be one of the two parties to the case
Not accuse the possible criminal of committing a crime
→(P3)  The Sixth Amendment changed the landscape of criminal justice in the United States. Prior to its adoption, criminal cases looked very different. Victims, not government officials (prosecutors), typically brought cases against the people they accused of committing a crime against them. Now, it is the government that brings a criminal case—the victim may be a witness who testifies, but he or she is not one of the two “parties” to the case. Before the adoption of the Sixth Amendment, typically neither side was represented by a lawyer in a criminal case. Finally, criminal trials were much shorter prior to the Sixth Amendment. Instead of weeks or even months, such trials lasted only minutes or hours. It was when lawyers became integral to the process that trials became longer and increased in complexity.

Q:  Which of the following can be inferred from paragraph 3?
Lawyers were more common in criminal cases after the Sixth Amendment than before it
Criminal trials were longer prior to the Sixth Amendment.
If not for the Sixth Amendment, people accused of crimes would have few rights.
Lawyers were not at all present in criminal cases prior to the Sixth Amendment.
→(P4)  As the United States criminal justice system expanded and grew more complicated, trials became more expensive to conduct, and the system became congested by the number of cases. It is at least in part for this reason—to save time and money—that the “plea bargain” emerged. A plea bargain is an agreement between the prosecution and the defense. Under the “plea,” the defendant agrees to plead guilty or “no contest” in exchange for sentencing for a lesser offense, which generally results in a shorter sentence or less severe penalty.

Q:  Why does the author use the word “generally” in mentioning that pleas result in shorter sentences?
Penalties can be less severe without sentences being shorter.
Exceptions to the rule are more numerous than might be expected.
Shorter sentences are typical but not certain.
Longer sentences are in fact more likely in certain states.
→(P5)  The trend toward plea bargaining began in the 1800s, but it was in the 1900s that plea bargains began to dominate the criminal justice process in the United States. By the 1930s, 90 percent of convictions were achieved through plea bargains. At that time, federal prosecutions under the Prohibition Act, which outlawed alcohol consumption (among other related things), had become so numerous that the only way of moving cases through the system seemed to be to encourage those accused of minor offenses to accept lighter penalties. Today, that percentage is even higher and includes all levels of offenses, not just minor ones. In 2013, more than 97 percent of federal cases that were not dismissed were resolved through plea bargaining. That means less than 3 percent went to trial. When state cases are added, the combined percentage of cases that are resolved through plea bargains hovers around 90 to 95 percent.

Q:  Which of the sentences below best expresses the essential information in the highlighted portion of the passage? Incorrect choices change the meaning in important ways or leave out essential information.
Because of the nature of the Prohibition Act, it became no longer feasible to offer lighter penalties to those accused under it.
Offering lighter penalties to some accused people was used to reduce the large number of prosecutions created under the Prohibition Act.
Under the Prohibition Act, it became impossible to conduct prosecutions, given their number, so offering shorter penalties became necessary.
To fight court congestion, anyone prosecuted under the Prohibition Act was given the option of a lighter penalty via a plea bargain.
→(P5)  The trend toward plea bargaining began in the 1800s, but it was in the 1900s that plea bargains began to dominate the criminal justice process in the United States. By the 1930s, 90 percent of convictions were achieved through plea bargains. At that time, federal prosecutions under the Prohibition Act, which outlawed alcohol consumption (among other related things), had become so numerous that the only way of moving cases through the system seemed to be to encourage those accused of minor offenses to accept lighter penalties. Today, that percentage is even higher and includes all levels of offenses, not just minor ones. In 2013, more than 97 percent of federal cases that were not dismissed were resolved through plea bargaining. That means less than 3 percent went to trial. When state cases are added, the combined percentage of cases that are resolved through plea bargains hovers around 90 to 95 percent.

Q:  The word “hovers” in the passage is closest in meaning to
Exceeds
Increases
Drops
Remains
In paragraph 5 of the passage, there is a missing sentence. The paragraph is repeated below and shows four letters [A], [B], [C], and [D] that indicate where the following sentence could be added.
 
In fact, even individuals accused of society’s most serious crimes are often pressured nowadays to accept plea bargains in order to save cost.

Where would the sentence best fit?

→(P5)   The trend toward plea bargaining began in the 1800s, but it was in the 1900s that plea bargains began to dominate the criminal justice process in the United States.[A] By the 1930s, 90 percent of convictions were achieved through plea bargains.[B] At that time, federal prosecutions under the Prohibition Act, which outlawed alcohol consumption (among other related things), had become so numerous that the only way of moving cases through the system seemed to be to encourage those accused of minor offenses to accept lighter penalties. [C]Today, that percentage is even higher and includes all levels of offenses, not just minor ones.[D] In 2013, more than 97 percent of federal cases that were not dismissed were resolved through plea bargaining. That means less than 3 percent went to trial. When state cases are added, the combined percentage of cases that are resolved through plea bargains hovers around 90 to 95 percent.
Directions: An introductory sentence for a brief summary of the passage is provided below. Complete the summary by selecting the THREE answer choices that express the most important ideas in the passage. Some sentences do not belong in the summary because they express ideas that are not presented in the passage or are minor ideas in the passage. This question is worth 2 points

 
  • The Sixth Amendment, especially its declaration of the right to counsel, changed criminal justice in the United States.
Prior to the Sixth Amendment, only some people were represented by attorneys, and trials tended to be longer.
A famous Sixth Amendment right is the right of a person accused of a crime to be represented by an attorney.
The longer a criminal trial goes on, the more costly it is for the government.
Today, the vast majority of United States prosecutions end in plea bargains, with defendants accepting lesser penalties.
With the Sixth Amendment, criminal trials changed, lengthening as lawyers became involved and the government took over the role of prosecution.
In the course of their work, courts must decide how to interpret the Sixth Amendment.
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