Deck 6: Justice on the Bench Trial and Adjudication in Criminal Court

Question 1

In cases like Hernandez v.State,Texas argued there was no discrimination against Mexican-American because:

A)they did not meet IQ requirements
B)they said so
C)they are white
D)they are not citizens

Answer 1

they are white

Question 2

A basic tenet of criminal law is that individuals are entitled to equal treatment at trial and that juries should not be asked to convict someone because of that person's race,color,creed,or:

A)criminal activity
B)education
C)national origin
D)personality

Answer 2

national origin

Question 3

In__________,a U.S.Court of Appeals held that a plan to subtract the names of white prospective jurors until the proportion of racial minorities in the pool matches the proportion in the population violated the equal protection rights of white jurors.

A)Purkett v.Elem (1995)
B)Avery v.Georgia (1953)
C)Amadeo v.Zant (1988)
D)U.S.v.Ovalle (1998)

Answer 3

U.S.v.Ovalle (1998)

Question 4

In__________,the USSC ruled a Georgia county's practice of putting the names of white potential jurors on white cards and African American potential jurors on yellow cards,then "randomly" drawing cards to determine who would be summoned for jury duty,as unconstitutional.

A)Purkett v.Elem (1995)
B)Avery v.Georgia (1953)
C)Amadeo v.Zant (1988)
D)U.S.v.Ovalle (1998)

Question 5

The USSC first addressed racial discrimination in jury selection in:

A)Neal v.Delaware (1882)
B)Strauder v.West Virginia (1880)
C)Batson v.Kentucky (1986)
D)Whitus v.Georgia (1967)

Question 6

In__________,the USSC reversed a death sentence murder conviction because the district attorney asked the jury commissioner to limit the number of African Americans and women on the master lists from which potential jurors were chosen.

A)Purkett v.Elem (1995)
B)Avery v.Georgia (1953)
C)Amadeo v.Zant (1988)
D)U.S.v.Ovalle (1998)

Question 7

Concerns about false convictions also are based on research showing not only that a disproportionate number of those exonerated have been racial minorities but that the disparity is particularly stark in cases of:

A)inter-racial sexual assault
B)intra-racial sexual assault
C)inter-racial theft
D)intra-racial theft

Question 8

The USSC's ruling in __________ rejected the systematic exclusion requirement articulated in Swain v.Alabama (1965):

A)Neal v.Delaware (1882)
B)Strauder v.West Virginia (1880)
C)Batson v.Kentucky (1986)
D)Whitus v.Georgia (1967)

Question 9

Randall Kennedy argues that race conscious jury selection could have _____ consequences.

A)unintended
B)progressive
C)beneficial
D)intended

Question 10

The reality is that both sides use their peremptory challenges to:

A)"create balance"
B)"stack the deck"
C)"seat a fair and impartial jury"
D)"help their client"

Question 11

States do not obtain names of potential jurors from which of the following:

A)voter registrations lists.
B)property tax rolls.
C)automobile registration lists.
D)robo call lists.

Question 12

Jury nullification,which has its roots in English common law,occurs when a juror believes that the evidence presented at trial establishes the defendant's guilt but nonetheless votes to ______.

A)acquit
B)punish
C)convict
D)abdicate

Question 13

The phrase playing the race card refers to:

A)emphasizing a racial difference between the defendant and the victim.
B)appeals to racial sentiment.
C)a defense attorney alleging racial bias by the arresting officer.
D)an African American defendant being represented by a white attorney.

Question 14

In __________,the USSC struck down as "purposeful discrimination" one state's rejection of African Americans for jury duty because they were "not intelligent,experienced,or moral enough to serve as jurors."

A)Neal v.Delaware (1882)
B)Strauder v.West Virginia (1880)
C)Batson v.Kentucky (1986)
D)Whitus v.Georgia (1967)

Question 15

Although appeals to racial sentiment-that is,"playing the race card"-are not unusual in U.S.courts,they are rarely used by defense attorneys representing _________ accused of victimizing whites.

A)African Americans
B)Asians
C)whites
D)Latinos

Question 16

It is clear that lawyers _____ take the race of the juror into consideration during the jury selection process

A)always
B)never
C)do not
D)do

Question 17

While Batson seemed to offer hope that the goal of a representative jury was attainable,an examination of cases decided since 1986 suggests:

A)otherwise
B)that reforms continue to improve
C)that the situation issue solved
D)that Batson was meaningless

Question 18

In __________,the USSC held that,in assessing the racial neutrality of a prosecutor's peremptory challenge,the trial court was required to evaluate the genuineness of the prosecutor's explanation,not its reasonableness.

A)Purkett v.Elem (1995)
B)Avery v.Georgia (1953)
C)Amadeo v.Zant (1988)
D)U.S.v.Ovalle (1998)

Question 19

In __________,the USSC struck down the "random" selection of jurors from tax books in which the names of white taxpayers were in one section and the names of African American taxpayers were in another.

A)Neal v.Delaware (1882)
B)Strauder v.West Virginia (1880)
C)Batson v.Kentucky (1986)
D)Whitus v.Georgia (1967)

Question 20

In theory,the peremptory challenge is used to achieve:

A)a fair and impartial jury
B)the best jury for the defense
C)the best jury for the state
D)a jury that is representative

Question 21

Although U.S.Supreme Court decisions have made it more difficult for states to discriminate overtly on the basis on race,the procedures used to select the jury pool are not racially neutral.

Question 22

The Supreme Court decisions discussed in the chapter have made it more difficult for states to discriminate overtly on the basis on race or ethnicity,the procedures used to select the jury pool are:

A)not racially neutral
B)racially neutral
C)based on IQ
D)based on equality

Question 23

The U.S.Supreme Court reversed a death sentence murder conviction because the district attorney asked the jury commissioner to limit the number of African Americans and women on the lists from which potential jurors were chosen in Avery v.Georgia (1953).

Question 24

"Race-conscious jury selection" is a controversial approach to increasing racial diversity in jury pools.

Question 25

The U.S.Supreme Court first addressed racial discrimination in jury selection in Neal v.Delaware (1882).

Question 26

A U.S.Court of Appeals upheld a plan to subtract the names of white prospective jurors until the proportion of racial minorities in the pool matches the proportion in the population violated the equal protection rights of white jurors in Purkett v.Elem (1995).

Question 27

Jury pools tend to underrepresent racial and ethnic minorities and those who are:

A)rich
B)urban dwellers
C)well educated
D)poor

Question 28

"Random" selection of jurors from tax books in which the names of white taxpayers were in one section and the names of African American taxpayers were in another was struck down in Strauder v.West Virginia (1880).

Question 29

In serious criminal cases,the jury serves as the __________ of the community.

Question 30

To prevent selecting African Americans for their jury pool,a Georgia county put names of white potential jurors on white cards and African American potential jurors on yellow cards,then "randomly" drew cards to determine who would be summoned for jury duty.

Question 31

Appeals to racial sentiment are referred to as "playing the race card."

Question 32

The state of Delaware once rejected African Americans for jury duty because they were "not intelligent,experienced,or moral enough to serve as jurors."

Question 33

Since the mid-1930s,the Supreme Court has consistently has struck down techniques used to __________ the requirement of racial neutrality in the selection of the jury pool.

Question 34

In McCormick v.South Dakota (1991),the U.S.Supreme Court articulated the doctrine requiring a racially mixed jury in all criminal proceedings.

Question 35

State and federal jurisdictions have experimented with a number of techniques for increasing the racial __________ of the jury pool.

Question 36

The racial neutrality of a prosecutor's peremptory challenge should be evaluated based on the genuineness of the prosecutor's explanation,not its reasonableness.

Question 37

If a jury votes unanimously to acquit,the double jeopardy clause of the____ Amendment prohibits reversal of the jury's decision.

A)Thirteenth
B)Fifth
C)Sixth
D)Nineteenth

Question 38

Jurors must be __ years old.

A)21
B)13
C)18
D)16

Question 39

Physically handicapped persons shall serve except where the court finds such service is not _____.

A)feasible
B)fun
C)necessary
D)easy

Question 40

The Strauder Court ruled that a West Virginia statute limiting jury service to white males violated the __________ clause of the Fourteenth Amendment.

Question 41

A controversial approach to increasing racial diversity in jury pools is termed "race-__________ jury selection."

Question 42

__________ attorneys assume that racial minorities will side with minority defendants.

Question 43

The requirement that the jury should be drawn from a representative cross-section of the community applies only to the selection of the jury __________,not to the selection of individual jurors for a particular case.

Question 44

Once the defendant makes a __________ case of racial discrimination,the burden shifts to the state to provide a racially neutral explanation for excluding African American jurors.

Question 45

__________ attorneys assume that racial minorities will be more inclined than whites to convict white defendants.

Question 46

Massachusetts pioneered the use of __________ lists rather than lists of registered voters in an attempt to increase the racial diversity of the jury pool.