Capital Only Overclaim
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
16185_bookmobile_carjacking · CRIMINAL · Choice ANo, because the Eighth Amendment's limits on punishment apply only in capital cases.
Why it's attractive
The word only is too absolute once the juvenile nonhomicide LWOP Gold Key is in play.
Why it's wrong
The word only is too absolute once the juvenile nonhomicide LWOP Gold Key is in play.
16185_bookmobile_carjacking · CRIMINAL · Choice CYes, because a life-without-parole sentence is not permissible for an adult or juvenile defendant convicted of a nonviolent offense.
Why it's attractive
The stem says armed carjacking, a violent offense; the choice answers a nonviolent-offense case.
Why it's wrong
The stem says armed carjacking, a violent offense; the choice answers a nonviolent-offense case.
16185_bookmobile_carjacking · CRIMINAL · Choice DNo, because a juvenile may be sentenced to life without parole if release would pose a danger to the community.
Why it's attractive
The answer turns parole-time danger into permission for a no-parole life sentence.
Why it's wrong
The answer turns parole-time danger into permission for a no-parole life sentence.
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