Deck 12: Juries and Judges As Decision Makers

Question 1

Research on inadmissible evidence indicates that:

A) judges are able to disregard inadmissible evidence better than are jurors.
B) jurors are able to disregard inadmissible evidence better than are judges.
C) both judges and jurors are able to disregard inadmissible evidence.
D) neither judges nor jurors are able to disregard inadmissible evidence.

Answer 1

neither judges nor jurors are able to disregard inadmissible evidence.

Question 2

With regard to research on inadmissible evidence, which one of the following statements is INCORRECT?

A) Jurors disregard inadmissible evidence when they think it is irrelevant or unfair.
B) If the judge fails to explain clearly why the evidence should be disregarded, jurors may be more likely to take it into account.
C) Jurors are reluctant to disregard inadmissible evidence when they consider it useful.
D) The judge's instructions to disregard inadmissible evidence have no effect on jurors' decisions.

Answer 2

The judge's instructions to disregard inadmissible evidence have no effect on jurors' decisions.

Question 3

Which of the following represents the leniency bias in jury decision making?

A) All-female juries are more lenient.
B) All-minority juries are more lenient.
C) More diverse juries are likely to acquit.
D) Evenly split juries are more likely to acquit.

Answer 3

Evenly split juries are more likely to acquit.

Question 4

Which of the following is most strongly correlated with jury verdicts?

A) The severity of filed charges.
B) Pretrial publicity against the defendant.
C) The strength of evidence.
D) The complexity of instructions to the jury.

Question 5

During George Zimmerman's trial for killing Trayvon Martin, all of the following circumstances likely contributed to the jury's verdict of "not guilty," EXCEPT:

A) The jury had no African American jurors.
B) Lethal force is not illegal under Florida's permissible self-defense law.
C) Hoodies are a prohibited item of clothing in gated communities.
D) Voice-analysis experts were not allowed to testify in court that the voice crying for help was that of Trayvon Martin.

Question 6

For centuries, English law dictated that a jury should have _____ people. In the United States, the minimum constitutionally allowed number of jurors currently is _____.

A) 12; 6
B) 6; 12
C) 6; 8
D) 8; 12

Question 7

If you were a defendant accused of marijuana possession, your best bet is to choose a trial by _____; but if you were accused of rape, _____.

A) jury; a judge is more likely to be lenient
B) jury; neither a judge nor a jury would be lenient
C) judge; neither a judge nor a jury would be lenient
D) judge; a jury is more likely to be lenient

Question 8

Juries have the power to make all of the following life-changing decisions, EXCEPT:

A) assign a large sum of money to be paid to a plaintiff.
B) release a person from prison.
C) sentence a defendant to death.
D) pardon a death-row inmate.

Question 9

In which of the following conditions would a defendant be judged more harshly?

A) When the defendant is badly injured during the commission of a crime.
B) When the moral character of the defendant is superior to that of the victim.
C) When the defendant used his or her attractiveness to commit the crime.
D) When the defendant is of the same race as a juror.

Question 10

According to the text, there are two models that describe the decision-making process of jury members. These two models are known as a _____ model and a _____ model.

A) mathematical; statistical
B) story; bias
C) story; mathematical
D) historical; story

Question 11

In court, all of the following pieces of information can be considered impeachment evidence, EXCEPT for the defendant's:

A) past conviction(s) for a similar crime or crimes.
B) past conviction(s) for other kinds of crimes.
C) history of documented dishonest behavior at work.
D) history of multiple premarital affairs.

Question 12

The process by which jurors change their opinions because of compelling arguments from other jurors is known as:

A) normative influence.
B) informational influence.
C) situational influence.
D) reconciliation.

Question 13

According to the text, it is useful to think of a trial as a _____ to help a jury or judge _____.

A) method of providing information; arrive at a decision in the case
B) method of providing information; determine the strength of evidence
C) process of invention; arrive at a decision in the case
D) process of invention; determine the strength of evidence

Question 14

At times, juries deliberately decide to ignore, disregard, or go beyond the law because doing otherwise would violate the moral conscience of the community. This action is known as:

A) judicial immunity.
B) jury nullification.
C) jury deliberation.
D) jury injunction.

Question 15

Which of the following is NOT a stage in the deliberation process?

A) Orientation.
B) Closed conflict.
C) Open conflict.
D) Reconciliation.

Question 16

Compared with 12-person juries, 6-person juries, on average:

A) deliberate longer.
B) generate more arguments.
C) reach verdicts that are less predictable.
D) recall evidence more accurately.

Question 17

There are several factors that are likely to lead to a hung jury. Which one of the following aspects is NOT among them?

A) Unanimous decision rules.
B) Ambiguity of the evidence.
C) Length of the trial.
D) Skills of the attorneys.

Question 18

When jurors employ a "mental meter" to weigh the evidence towards guilt or innocence, they are assumed to be using a:

A) story model.
B) mental meter model.
C) mathematical model.
D) historical model.

Question 19

Which one of the following states requires judges to pre-instruct juries?

A) Arizona.
B) California.
C) New Mexico.
D) New York.

Question 20

Research on expert testimony's effect on jurors finds that the most persuasive testimony meets all of the following criteria, EXCEPT:

A) It is clear.
B) It is complex.
C) It is not contradicted by testimony from another expert.
D) It is specific to the issues of the case.

Question 21

Evidence that is meant to damage the credibility of a witness or the defendant's reputation is also referred to as _____ evidence.

A) complex
B) reactance
C) ironic
D) impeachment

Question 22

Information that might be deemed prejudicial is likely to be considered as:

A) reactance.
B) leniency bias.
C) inadmissible evidence.
D) informational influence.

Question 23

Isaac is on trial for murder, and the evidence against him is not very strong. The jury is most likely to reach a guilty verdict if they learn that Isaac:

A) lives in a homeless shelter.
B) has dropped out of high school.
C) has a confederate flag sticker on his car.
D) regularly hangs out with gang members.

Question 24

When a judge dictates that certain evidence is to be ignored, jurors often feel that their freedom to choose to consider all evidence is threatened. Reactance theory suggests that this may motivate the jurors to consider the _____ evidence to a _____ degree when contemplating a verdict.

A) inadmissible; lesser
B) inadmissible; greater
C) inadvertent; similar
D) inadvertent; third

Question 25

Studies show that a judge's instruction to ignore certain information as inadmissible evidence may often lead to the opposite: the effect of this information on the jurors is amplified. The text mentions all of the following explanations as possible reasons for this effect, EXCEPT:

A) When people make an effort to disregard something, it ironically dominates their thoughts.
B) Jurors may see the judge's instruction as impinging on their freedom to make decisions.
C) Whether jurors give weight to the evidence depends on their knowledge of the defendant.
D) If jurors consider the information useful in reaching the verdict, they will use it.

Question 26

The story model predicts that jurors select the verdict:

A) that best fits with the story they have constructed.
B) based on other jurors' stories and interpretations.
C) that the judge clearly favors.
D) based on their preexisting biases.

Question 27

Most characteristics of a defendant do not seem to have any straightforward influence on a verdict. Among them are the following characteristics, EXCEPT:

A) gender.
B) race.
C) wealth.
D) social status.

Question 28

Information released in the media through pretrial publicity is often _____ at trial.

A) admissible
B) inadmissible
C) re-evaluated
D) highlighted

Question 29

According to extensive research, the best predictor of what the verdict will be is the _____ of relevant evidence.

A) strength
B) description
C) review
D) discussion

Question 30

Liberation hypothesis postulates that in situations where evidence is _____, jurors base their decisions on other factors such as their _____.

A) strong; political views
B) strong; past experience or prejudice
C) ambiguous; civic duty
D) ambiguous; past experience or prejudice

Question 31

When jurors are instructed to disregard the inadmissible evidence, they sometimes feel there is no good reason for such an instruction. Instead, they give that evidence an even greater weight in their decision making. This process is assumed by _____ theory.

A) relativity
B) parallel processes
C) inferiority
D) reactance

Question 32

Studies show that people somewhat consistently treat defendants of their own _____ more leniently.

A) race
B) gender
C) social status
D) political creed

Question 33

The lack of clear evidence often leads jurors to consider other factors such as pretrial publicity and prior beliefs. This phenomenon is known as the _____ hypothesis.

A) guilty through association
B) public court accusation
C) liberation
D) presumption

Question 34

Jurors that create a causal chain of events while listening to the evidence are assumed to be utilizing the _____ model of decision making.

A) story
B) mental meter
C) mathematical
D) audible

Question 35

In real life, we often use information about a person's past behavior to interpret his or her current actions. When jurors are supposed to _____ this type of evidence from the defendant's past, they often _____.

A) disregard; use it to judge the defendant
B) disregard; follow the instruction to ignore it
C) investigate; reach out to the defendant on Facebook
D) investigate; participate in cross-examination

Question 36

According to the story model, jurors construct their stories _____ the evidence at trial.

A) before they are exposed to
B) while hearing
C) several days after hearing
D) regardless of

Question 37

Interestingly, if a defendant is severely injured in the course of committing a crime, jurors are more likely to:

A) hand down a harsh sentence.
B) hand down a lenient sentence.
C) disagree with the judge about a sentence.
D) agree with the judge about a sentence.

Question 38

According to the text, in civil trials, corporations are held to a different standard than individuals. This difference may be a result of the notion that corporations _____, whereas individuals _____.

A) pay lower awards; pay higher awards
B) pay higher awards; go to jail
C) are held to a higher standard of decision making; may have a lapse in judgment
D) may have a lapse in judgment; go to jail

Question 39

In the context of inadmissible evidence in a courtroom, a judge may rule that certain information should be disregarded by the _____. However, when told not to think about something, we often do the exact opposite and cannot get that thought out of our heads. This phenomenon is referred to as:

A) jurors; ironic processes
B) jurors; the story model
C) media; ironic processes
D) media; the story model

Question 40

Certain characteristics of the defendant are often considered by jurors. For example, Phillip is a known gang member. He was on trial for the death of a priest that he ran over while evading the police. In this case, it is likely that Phillip will receive a verdict that would be _____ if he had killed a _____.

A) harsher than; fellow gang member
B) harsher than; nun
C) as harsh as; fellow gang member
D) as harsh as; nun

Question 41

Unanimity is required by _____ of the states in capital murder trials.

A) none
B) some
C) most
D) all

Question 42

In the case of a split jury, where about half favor "guilty" and the other half favor "not guilty" on the initial vote, it is more likely that the final verdict will be _____. This tendency is also referred to as the _____ bias.

A) "guilty"; leniency
B) "guilty"; bystander
C) "not guilty"; leniency
D) "not guilty"; bystander

Question 43

All of the following statements are true about hung jury, EXCEPT:

A) Non-unanimous juries are less likely to "hang" than unanimous ones.
B) Hung juries are more likely in big cities with diverse populations.
C) When the law is perceived as complex or unfair, hung juries are less likely.
D) If jurors adopt a verdict-driven style of deliberation and vote early, the jury may "hang".

Question 44

When jurors change their minds because they are persuaded by the compelling arguments of other jurors, this phenomenon is also referred to as:

A) open conflict.
B) informational influence.
C) normative influence.
D) leniency bias.

Question 45

Differences in opinion among jury members often occur. At this point, various coalitions may develop, and this may even lead to attacks against each other. A common term for this phase of the deliberation process is:

A) informational influence.
B) normative influence.
C) leniency bias.
D) open conflict.

Question 46

Members of a jury that appear to have a great deal of influence on the deliberation process are referred to as _____ jurors.

A) potential
B) helpful
C) dedicated
D) strong

Question 47

According to the text, _____ of jury trials in the United States result in a hung jury.

A) only 0.01%
B) less than 10%
C) approximately 25%
D) about half

Question 48

Juries may base their verdicts on reasoning that ignores or goes beyond the law. This phenomenon is referred to as:

A) a hung jury.
B) jury nullification.
C) overrule objection.
D) ironic processes.

Question 49

Expert witnesses are individuals that present testimony in court. All of the following is true about expert witnesses, EXCEPT:

A) They usually help the jurors make sense of complex evidence.
B) Their testimony is based on their specialized training or knowledge.
C) Expert testimony is most influential when presented clearly.
D) Most experts who testify in court do so for free (pro bono).

Question 50

Some legal scholars have been advocating for a system of professional jurors who can understand the complex evidence presented in court and know the law related to each case. However, there are some serious problems with this potential system. Which one of the following is NOT among these problems?

A) It is not clear what course of studies professional jurors should complete to prepare for their jobs.
B) Lots of money is needed to cover the professional jurors' salaries.
C) Over time, professional jurors are likely to become friends with some lawyers or judges, which could bias their opinions.
D) With time and extensive experience, professional jurors can become more jaded and conviction-prone.

Question 51

When jurors change their votes under pressure from other jurors, even though they did not change their minds, this phenomenon is referred to as:

A) open conflict.
B) informational influence.
C) normative influence.
D) leniency bias.

Question 52

_____ occurs when group pressure results in holdout jurors changing their votes, even if their opinions of the case did not change.

A) Open conflict
B) Informational influence
C) Normative influence
D) Reactance influence

Question 53

During the jury deliberation process, two distinct styles are evident. Some juries adopt a(n) _____ style, while other juries choose a(n) _____ style.

A) verdict-driven; evidence-driven
B) verdict-driven; leniency-based
C) evidence-driven; reactance-based
D) evidence-driven; reconciliation-based

Question 54

As noted in the text, almost three quarters of the jury deliberation time is devoted to the _____, and about 20% of the time is dedicated to discussing the _____.

A) discussions of evidence; trivial details like hairstyle and clothes
B) discussions of evidence; law and judges' instructions
C) law and judges' instructions; evidence
D) law and judges' instructions; trivial details like hairstyle and clothes

Question 55

According to the text, juries that require unanimity to reach a decision, deliberate _____, and are also more likely to _____ than majority-rule juries.

A) faster; consider evidence carefully
B) longer; hang
C) in closed quarters; allow videotaping of the deliberation process
D) faster; hang

Question 56

It is _____ that jurors would be able to ignore past convictions if instructed to do so, especially if these convictions were for _____.

A) likely; minor crimes
B) likely; white-collar crimes
C) unlikely; crimes like the one the defendant is being tried for
D) unlikely; crimes very different from the one the defendant is being tried for

Question 57

When an expert witness is presenting a testimony that is _____, the strength of expert's credentials is _____.

A) very complex; especially important
B) relevant for the case; often doubted
C) less complex; extremely important
D) critical to the case; irrelevant

Question 58

It turns out that the jury nullification option is a double-edged sword. Studies have showed that the nullification instructions allow juries to treat _____ offenders more leniently and _____ offenders more harshly.

A) wealthy; poor
B) poor; wealthy
C) mentally ill; mentally sound
D) sympathetic; unsympathetic

Question 59

The foreperson of a jury is regarded as its leader. However, a foreperson may or may not exert disproportionate influence on a verdict. In fact, he or she may become more focused on the _____ and on acting as a(n)_____.

A) organizational issues; expert witness
B) procedural issues; moderator
C) case itself; strong juror
D) case itself; expert witness

Question 60

Juries are unusual groups of people performing unusual tasks. Which of the following statements is INCORRECT about juries?

A) Juries consist of people who most likely don't know each other and have little in common.
B) During the trial, jurors only observe but cannot ask any questions from witnesses.
C) Jurors have to leave their house and live in a hotel for the duration of the trial.
D) Jurors are expected to suspend judgment until all relevant evidence has been presented.

Question 61

Research evidence suggests that, when judges and juries disagree, all of the following is true, EXCEPT:

A) Juries are more lenient than judges in less serious cases like shoplifting or marijuana possession.
B) Judges are more likely than juries to rule in favor of injured plaintiffs in civil trials.
C) The jurors' understanding of complex evidence is just as good, or maybe even better, than the judges' understanding.
D) Such disagreements between judges and juries never happen.

Question 62

How does the mathematical model of jury decision making differ from the story model of jury decision making?

Question 63

Typically, jurors are provided with instructions _____. Studies show that preinstructions given to a jury before the beginning of a trial help jurors _____.

A) before the trial begins; evaluate evidence differently
B) before the trial begins; deliberate more slowly
C) only after the trial is over; evaluate evidence differently
D) only after the trial is over; deliberate more slowly

Question 64

What kind of reforms would you suggest to improve the jury trial process?

Question 65

Should judges or juries decide the verdicts and sentencing? There is plenty of important information from studies comparing the decisions of judges and juries. Based on the findings of these studies, all of the following statements are correct, EXCEPT:

A) Judges correctly identify the basis for their sentencing decisions.
B) Both judges and jurors are equally likely to be influenced by biasing information.
C) Both judges and jurors mistakenly believe that judges would be better able than jurors to disregard inadmissible evidence.
D) There are safeguards to counteract jurors' biases but no comparable safeguards against judges' biases.

Question 66

How does inadmissible evidence influence jurors' decision making?