Deck 13: Constitutional Right to Trial by Jury

Question 1

All of the following are names for the group of people from which the jury will be selected except:

A) pool.
B) panel.
C) array.
D) collective.
E) venire.

Answer 1

collective.

Question 2

Which law requires that jurors for both grand and petit juries are selected at random from a fair cross-section of the community?

A) The Federal Jury Selection and Service Act of 1968
B) The Federal Voir Dire Act of 2004
C) Amendment Number 5 to The Federal Statute of Criminal Law of 1968
D) The California Criminal Code on Jury Selection and Service
E) The International Treaty of Grand and Petit Juries of 1943

Answer 2

The Federal Jury Selection and Service Act of 1968

Question 3

All of the following are reasons for which a potential juror for a capital case may be excluded, except:

A) the potential juror states that he objects to the death penalty on moral grounds, but that he could set such personal feelings aside to objectively apply the law.
B) the potential juror was dismissed as part of the defense's peremptory challenge for no particular reason at all.
C) the juror clearly has a bias against the defendant, based on the defendant's occupation as a prostitute.
D) the potential juror states that she does not support the death penalty and would never be able to vote to pass such a sentence, even if she was certain that the law indicated that such a punishment was suitable.
E) serving on a trial jury would cause an undue hardship for the potential juror.

Answer 3

the potential juror states that he objects to the death penalty on moral grounds, but that he could set such personal feelings aside to objectively apply the law.

Question 4

Which of the following sets of options are appropriate ways to minimize the impact of media publicity on potential jury members?

A) voir dire, sequester the jury and change the venue.
B) sequester the jury, change the venire, and change the venue
C) sequester the jury, peremptory challenges, and change the venue
D) challenges for cause, peremptory challenges, and change the venire
E) challenges for cause, peremptory challenges, and misdirect the media to a different courtroom

Question 5

The limiting of a juror's exposure to media coverage of the trial by separating them from society and monitoring their reading materials, television access, and such is called:

A) peremptory challenge.
B) defenestration.
C) change of venire.
D) sequestration.
E) just plain mean.

Question 6

Bringing jurors from other locations into the court, to reduce the number of local jury members who may have heard information about the case before the trial, is called:

A) change of venue.
B) change of jury options.
C) change of location.
D) change of venire.
E) change of pants.

Question 7

Beyond a reasonable doubt is:

A) the burden of proof stating that it is more likely than not that the defendant committed the crime for which he/she is accused.
B) the burden of the defendant to prove that the charges are untrue.
C) the burden of proof used by a petit jury.
D) the burden of proof used by a grand jury.
E) the burden of proof allowing for a ruling against a defendant in a civil trial.

Question 8

What principle was stated in the decision for the case Duncan v. Louisiana?

A) States must provide trial by jury as an option for anyone accused of a capital crime.
B) States have autonomy from the federal government. As such, they are not held to the Constitutional requirement that governments must provide jury trials.
C) States, like the federal government, must provide trial by jury to ensure the proper delivery of justice.
D) Although the states have this requirement, the federal government does not have to provide a trial by jury to an accused person.
E) The federal government must try any case that could potentially punish the defendant with more than six months of imprisonment.

Question 9

If a potential juror cannot be impartial because he/she knows about the case, knows the defendant's family, knows the victim, or any other people involved in the case, has already made a decision about the defendant's guilt or innocence, or admits to prejudice, he/she can be excluded from the jury. This exclusion is called a:

A) Challenge for Cause.
B) Challenge for Good Reason.
C) Preventative Challenge.
D) Peremptory Challenge.
E) Unlimited Challenge.

Question 10

What occurs when the jury appears to have completely ignored the facts of the case and applied the law as they wish it to be written?

A) jury nullification
B) jury tampering
C) jury ignorance of the law
D) jury legislation
E) jury supposition

Question 11

Which of the following items is a prosecutor NOT required to provide to the defense during discovery?

A) the defendant's oral statements
B) the defendant's written or oral statements
C) the defendant's prior record
D) a copy of the prosecution's opening statement
E) the names of any expert witnesses

Question 12

The twelve men and women chosen to determine a defendant's guilt or innocence in a trial are called a:

A) dicastery
B) grand jury
C) petit jury
D) soup du jury
E) none of the above

Question 13

The Confrontation Clause requires that:

A) the defense be able to cross-examine all witnesses the prosecution puts on the stand.
B) the prosecution make available the technician who completed any DNA or forensic analysis report for cross-examination.
C) the defense has the right to cross-examine the prosecutor personally to uncover any prosecutorial misconduct.
D) the defense may dismiss jurors for cause.
E) A and B.

Question 14

Which of the following may an attorney NOT do in a closing statement?

A) frame the evidence in the most favorable light
B) use the evidence to tell a story
C) point out inconsistencies in the other side's version of events
D) introduce new evidence
E) remind the jury of favorable evidence

Question 15

Which of the following statements is true concerning the difference between federal and state juries?

A) Federal juries always consist of twelve members, while some state juries may be as small as six.
B) Federal juries always require a unanimous verdict, while some state juries do not.
C) Federal juries hear cases concerning federal law violations, while state juries hear cases of alleged state law violations.
D) All of the above are true.
E) None of the above are true.

Question 16

Any decision to increase a prison sentence because of aggravating factors must be made by the:

A) prosecutor.
B) defense attorney.
C) judge.
D) jury.
E) none of the above

Question 17

Defendants charged with serious offenses have a Constitutional right to:

A) a nonjury trial.
B) a trial before a judge.
C) a jury trial.
D) all of the above
E) none of the above

Question 18

In response to a grand jury's actions, the defense can:

A) move to quash the indictment.
B) move for a change of venue.
C) move for a change of venire.
D) move to sever.
E) move to recuse.

Question 19

Grand juries:

A) investigate crimes.
B) can subpoena witnesses.
C) vote to issue indictments.
D) determine guilt or innocence.
E) A, B, and C.

Question 20

To enforce discovery requests, courts may:

A) order the recalcitrant party to permit the discovery or inspection; specify its time, place, and manner; and prescribe other just terms and conditions.
B) grant a continuance.
C) prohibit the recalcitrant party from introducing the undisclosed evidence.
D) enter any other order that is just under the circumstances.
E) any of the above

Question 21

The citizens in Athens, Greece had one of the first known juries in history.

Question 22

In the contemporary American judicial system, trial by jury is a guaranteed option for anyone accused of a crime that is punishable by over one year in prison.

Question 23

Every state crime requires a jury trial.

Question 24

A defendant facing charges that are punishable by more than six months has no alternatives to a trial by jury.

Question 25

A jury that hears evidence and decides if the accused should be indicted and tried for the crime is called the "grand jury" in most jurisdictions.

Question 26

A grand jury must find that the accused committed the crime beyond a reasonable doubt in order to indict him/her.

Question 27

During a jury trial, the judge plays the role of the fact finder and the jury plays the role of the determiner of the law.

Question 28

A motion for recusal asks the prosecutor to restate the charges against the defendant.

Question 29

The literal meaning of voir dire is "to speak the truth."

Question 30

When an attorney moves to exclude a potential juror as part of his/her allotted peremptory challenges, there need not be any cause for eliminating that person. However, an attorney is not permitted to exclude any juror based on race or gender biases.

Question 31

Jurors are selected from the state or district where the crime occurred.

Question 32

Members of all groups or classes may serve on juries.

Question 33

At Common Law, the sheriff was authorized to conscript jurors from those passing by.

Question 34

An attorney uses a challenge for cause to exclude a juror for any reason or no reason at all.

Question 35

In capital cases, attorneys can exclude jurors who are opposed to the death penalty.

Question 36

A change of venue is when a jury from another jurisdiction is brought in to decide the case.

Question 37

Sequestration is the process of cutting off jurors from the outside world during the trial so that they remain impartial.

Question 38

Defense attorneys have the option of delivering their opening statement following the prosecution's opening statement, or after the prosecution has presented its case.

Question 39

Savvy attorneys will place people whose presence in the courtroom is prejudicial on the witness list.

Question 40

Jury instructions are a standard form used in every trial.

Question 41

A decision by a jury to ignore the law or the judge's instructions when deliberating is called _______________.

Question 42

A jury that cannot reach a verdict is said to be ___________________.

Question 43

A motion for judgment notwithstanding the verdict asks the judge to ____________________.

Question 44

A motion for a new trial must be based upon ______________.

Question 45

A ________________ is a group of men and women selected from the community to determine the truth.

Question 46

The _______________ or "Great Charter" guaranteed noblemen under King Jon's jurisdiction 'life, liberty, and property.'

Question 47

In medieval England, the winner in a ___________________ won the lawsuit.

Question 48

In a _________ in medieval England, the accused was given a difficult task to perform often involving physical injury.

Question 49

The _____________ Amendment is the basis for ensuring defendants the right to a trial by jury.

Question 50

An alternative to a trial by jury is a ___________.

Question 51

MATCHING

-Grand jury

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 52

MATCHING

-Petit jury

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 53

MATCHING

-Probable cause

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 54

MATCHING

-True Bill

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 55

MATCHING

-Indictment.

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 56

MATCHING

-Quash

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 57

MATCHING

-Discovery

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 58

MATCHING

-Exculpatory evidence

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 59

MATCHING

-Pretrial motions

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.

Question 60

MATCHING

-Motion to change venue

A) A formal request to change the trial's location.
B) A formal investigation conducted before the trial by both parties.
C) The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
D) A body of members from the community, which decides whether enough evidence exists to indict an individual.
E) Evidence that casts doubt on the defendant's guilt.
F) A grand jury's action to bring charges against an individual.
G) A trial jury.
H) Formal requests that a judge enter a particular order prior to the star of a trial.
I) To annul
J) The standard of proof used to determine if a person should be charged with a crime.