Judge Bonham denied a motion to allow members of the jury

 to go home at the end of each day instead of to confine them to a hotel.

(A)  to allow members of the jury to go home at the end of each day instead of to confine them to

(B)  that would have allowed members of the jury to go home at the end of each day instead of confined to

(C)  under which members of the jury are allowed to go home at the end of each day instead of confining them in

(D)  that would allow members of the jury to go home at the end of each day rather than confinement in

(E)  to allow members of the jury to go home at the end of each day rather than be con­fined to

OG Answer:In this sentence, members of the jury are presented with two options: they may (1) go home or (2) be confined to a hotel. The rejected motion would have allowed them to do the first rather than [to] suffer the second. Members of the jury must be the logical subject of both options, and both must be expressed in parallel form, that is, as infinitive clauses. E, the best choice, observes these requirements. In A and C, the phrase members of the jury is not the logical subject of the second option, to confine them or confining them, since jury members are not doing the confining.

不解的地方，请大家指教。

我觉得两个并列结构都是修饰a motion的，to allow....rather than to confine.....，

若用被动语态be confine,那么这两个结构的逻辑主语不一致了。

2楼的意思细里说是这样的：

1，逻辑上分析本句，to go home应该和confine平行，因为它们的逻辑主语都是memeber of the jury

2，以上成分的关系应该是，member of the jury to go home和confine member of the jury

3，两个不定时用and连接，后面一个to可以省略，因此是allow member of the jury to go home and be confined

4，allow sb. to do A rather than to do B 结构中，不存在allow sb. not to do B的意思，而只是说：not to do B是需要的