Deck 8: Trials

Question 1

The American Jury system has its roots in _____________.

A)the Declaration of Independence
B)the Articles of Confederation
C)medieval England
D)the American colonies

Answer 1

C

Question 2

A jury that acquits a clearly guilty defendant because they believe that the defendant's conduct was morally or ethically justified is an example of:

A)a hung jury
B)sequester
C)jury nullification
D)jury instruction

Answer 2

C

Question 3

The standard of proof upon which a jury or judge must make a determination in a criminal case is called:

A)beyond a reasonable doubt
B)evidence-driven deliberations
C)a preponderance of the evidence
D)the 90% guilty standard

Answer 3

A

Question 4

Which of the following is not a tool or technique used by practitioners of scientific jury selection?

A)mock juries
B)post-trial interviews
C)telephone surveys
D)interviewing friends and family members

Question 5

During voir dire, an attorney can make a __________________, which is a request that a potential juror be dismissed on the grounds that they are biased and therefore a threat to the impartiality of the jury.

A)peremptory challenge
B)challenge for cause
C)punitive challenge
D)Batson challenge

Question 6

In The American Jury, the level of agreement between judge and jury in criminal cases was:

A)0.1
B)0.25
C)0.95
D)0.75

Question 7

The Kalven & Zeisel study find that the reason judges are more likely to convict a defendant when a jury would acquit is because:

A)juries do not understand the law
B)judges are more likely to think that a defendant is not telling the truth
C)juries require a stronger evidentiary basis for conviction than do judges
D)judges want to appear tough on crime the those who live in the community

Question 8

A hung jury occurs when:

A)a judge declares a mistrial due to lawyer misconduct
B)a sufficient number of jurors are unable to agree on the verdict
C)a defendant enters into a plea agreement with the prosecutor
D)attorneys of both sides agree to accept something short of a unified verdict

Question 9

Williams v. Florida (1970) the U.S. Supreme Court held that:

A)juries of less than six people for criminal cases violate the constitution
B)a 12-person jury is not an absolute requirement under the Sixth Amendment in a criminal case
C)the right to a jury trial in criminal cases was part and parcel of due process of law and therefore states were bound by the jury requirement
D)all criminal and civil trials at the state level must utilize a 12-person jury

Question 10

Both civil and criminal defendants are typically able to waive their right to a trial by jury and instead request a(n) ____________.

A)en banc hearing
B)trial by combat
C)mediation
D)bench trial

Question 11

Which of the following provisions of the U.S. Constitution does not contain a reference to trial by jury?

A)the Eighth Amendment
B)the Sixth Amendment
C)Article III of the U.S. Constitution
D)the Seventh Amendment

Question 12

A surrogate jury that sits in the courtroom and is exposed to the real trial is called:

A)shadow jury
B)mock jury
C)habeas jury
D)petit jury