PrepTest 29, Section 2, Question 14
Prosecutor: Dr. Yuge has testified that, had the robbery occurred after 1:50 A.M., then, the moon having set at 1:45 A.M., it would have been too dark for Klein to recognize the perpetrator. But Yuge acknowledged that the moon was full enough to provide considerable light before it set. And we have conclusively shown that the robbery occurred between 1:15 and 1:30 A.M. So there was enough light for Klein to make a reliable identification.
Prosecutor: Dr. Yuge has testified that, had the robbery occurred after 1:50 A.M., then, the moon having set at 1:45 A.M., it would have been too dark for Klein to recognize the perpetrator. But Yuge acknowledged that the moon was full enough to provide considerable light before it set. And we have conclusively shown that the robbery occurred between 1:15 and 1:30 A.M. So there was enough light for Klein to make a reliable identification.
Prosecutor: Dr. Yuge has testified that, had the robbery occurred after 1:50 A.M., then, the moon having set at 1:45 A.M., it would have been too dark for Klein to recognize the perpetrator. But Yuge acknowledged that the moon was full enough to provide considerable light before it set. And we have conclusively shown that the robbery occurred between 1:15 and 1:30 A.M. So there was enough light for Klein to make a reliable identification.
Prosecutor: Dr. Yuge has testified that, had the robbery occurred after 1:50 A.M., then, the moon having set at 1:45 A.M., it would have been too dark for Klein to recognize the perpetrator. But Yuge acknowledged that the moon was full enough to provide considerable light before it set. And we have conclusively shown that the robbery occurred between 1:15 and 1:30 A.M. So there was enough light for Klein to make a reliable identification.
The prosecutor's reasoning is most vulnerable to criticism because it overlooks which one of the following possibilities?
Klein may be mistaken about the time of the robbery and so it may have taken place after the moon had set.
The perpetrator may closely resemble someone who was not involved in the robbery.
Klein may have been too upset to make a reliable identification even in good light.
Without having been there, Dr. Yuge has no way of knowing whether the light was sufficient.
During the robbery the moon's light may have been interfered with by conditions such as cloud cover.
0 Comments