Deck 10: Jury

Question 1

A prospective juror in almost all cases may be challenged for cause because he or she:

A) feels that as a juror his or her business will suffer.
B) is not opposed to the death penalty.
C) is opposed to the death penalty.
D) has a preconceived idea that the defendant is innocent.

Answer 1

has a preconceived idea that the defendant is innocent.

Question 2

Although the word "peers" is nowhere in the Constitution, modernly a jury of one's peers actually means:

A) a defendant's equals.
B) those chosen from the county where the crime was committed.
C) those representing a cross-section of the community where the trial is held.
D) associates of the defendant.

Answer 2

those representing a cross-section of the community where the trial is held.

Question 3

The right to excuse a prospective juror without stating a cause is:

A) known as voir dire.
B) known as a peremptory challenge.
C) permitted if the prosecution does not object.
D) not permitted in a criminal case.

Answer 3

known as a peremptory challenge.

Question 4

Possible qualifications to act as a juror:
(1) citizen of the U.S.,
(2) 18 years old or older,
(3) resident of the district in which the trial is held, and
(4) of the same race as the defendant.
Which of the above are necessary qualifications for a juror?

A) 1, 2, & 3
B) 1 & 3 only
C) 1, 2, 3, & 4

Question 5

The provision of a "jury of one's peers" originated in a provision of the:

A) U.S. Bill of Rights.
B) English Bill of Rights.
C) Magna Carta.
D) U.S. Constitution.

Question 6

The Supreme Court, in Fay v. New York held that a defendant had a right to:

A) a trial jury selected from his or her economic class.
B) a trial jury selected from his or her social class.
C) representation on the jury of persons of the same racial group.
D) None of the above.

Question 7

The U.S. Supreme Court has held that a defendant has a right to:

A) a jury composed of both men and women.
B) a jury composed of members from other minority groups.
C) a jury composed of young people.
D) None of the above.

Question 8

Which of the below statements is true regarding challenging jurors for cause?

A) The defense has unlimited challenges for cause.
B) The prosecution may not challenge a potential juror for cause.
C) Both sides may not challenge a potential juror for cause and when the challenge is denied, then peremptory challenge the juror.
D) All of the above statements are true.

Question 9

Which of the below cases placed restrictions on the use of race-based peremptory challenges by counsel?

A) Brady v. Maryland
B) Gideon v. Wainwright
C) Batson v. Kentucky
D) Argersinger v. Hamlin

Question 10

The primary reason that a trial judge would sequester the jury is:

A) to protect the prosecution's case.
B) to prevent defendant from receiving a just verdict.
C) to protect the jury from outside influence.
D) to comply with requests from counsel.

Question 11

Which of the following cases stands for the proposition that peremptory challenges may not be used to exclude prospective jurors on the basis of gender?

A) J.E.B v. Alabama
B) Batson v. Kentucky
C) Miranda v. Arizona
D) Brady v. Maryland

Question 12

The concept of a trial by a jury of one's peers was brought to America by:

A) the colonists.
B) the French.
C) the Spanish.
D) It was not brought to America, it was already practiced here.

Question 13

The ________, which was prepared by noblemen for their own benefit, was intended to prohibit the king from seizing and imprisoning a nobleman merely on a whim.

A) Magna Carta
B) Assyrian laws
C) Torah
D) Code of Hammurabi

Question 14

Women were granted the right to vote with the ________ Amendment.

A) First
B) Fourteenth
C) Nineteenth
D) Twenty seventh

Question 15

In ________, the Court stated, "The American tradition of trial by jury, considered in connection with either criminal or civil proceedings, necessarily contemplates an impartial jury drawn from a cross section of the community."

A) Glasser v. United States
B) Irvin v. Dowd
C) Witherspoon v. Illinois
D) Batson v. Kentucky

Question 16

Which of the following is NOT a general qualification to serve on a jury?

A) The person must be a citizen of the United States.
B) The person must be eighteen years of age or over.
C) The person must be a resident of the judicial district for a specified time, usually one year.
D) The person must have had no prior criminal convictions to include misdemeanors.

Question 17

A person must be of ________ intelligence to qualify as a juror in most states.

A) high
B) advanced
C) ordinary
D) low

Question 18

In almost all instances, the prospective juror who has formed an opinion about the defendant's guilt or innocence prior to a trial has formed that opinion as a result of:

A) pretrial publicity given to the case.
B) the way that the defendant looks.
C) the manner in which the defendant acts during jury selection.
D) All of the above.

Question 19

Implied bias is defined as:

A) consanguinity or affinity.
B) having a relationship of employer and employee.
C) landlord and tenant, to either the victim of the crime or the defendant.
D) All of the above.

Question 20

The phrase ________ is used to indicate a jury in which the members have stated that, if appropriate, they would vote for the death penalty.

A) death-qualified jury
B) jury in vogue
C) jury de novo
D) generally qualified jury

Question 21

Once the trial date has arrived and the prosecution and defense indicate their readiness, the next step is the:

A) selection of the jury.
B) presentation of witnesses.
C) making of motions.
D) issuance of discovery.

Question 22

The concept of a trial jury composed of one's peers was brought to America by:

A) the Spanish.
B) the colonists.
C) the Roman courts.
D) the Greek courts.

Question 23

The right to trial by jury is contained in the Fifth Amendment.

Question 24

A jury panel is the room where prospective jurors wait during pretrial hearings.

Question 25

To be qualified for jury duty, the person must be a U.S. citizen.

Question 26

In most states, to be qualified for jury duty the individual must vote and own property.

Question 27

One of the most frequent challenges for cause of a prospective juror is that the individual may have a preconceived opinion as to guilt or innocence.

Question 28

Prior to the 1920s, women were not allowed to serve on juries.

Question 29

The origin of a jury of one's peers stems from the Magna Carta.

Question 30

Each side has an unlimited number of challenges for cause.

Question 31

Each side has a limited number of peremptory challenges.

Question 32

If an alternate juror is selected, the alternate does not have to attend the trial until he or she is substituted for an incapacitated juror.

Question 33

As long as the jury is made up of persons representing a cross-section of the community in which the trial takes place, it is regarded as comprising one's peers.

Question 34

Most states did not permit women to serve on juries until they were granted the right to vote.

Question 35

Prior to and even sometimes after the 1920s, persons of certain races, religions, and national origins were excluded from serving on a jury if not by statutory provision, then by those making the jury panel selection.

Question 36

Only by being able to select a jury from among persons who truly represent a cross-section of a community can the accused be assured of an impartial jury.

Question 37

A defendant may object to the exclusion of a class of persons from the jury panel but only if the defendant is of the same race as the excluded class.

Question 38

The right to be tried within the judicial district in which the crime was committed is included in the ________ of the U.S. Constitution.

Question 39

The concept of a jury of one's peers stems from a provision in the ________ that provides that no freeman shall be seized and imprisoned except by judgment of "his peers."

Question 40

The Magna Carta was designed primarily for the benefit of ________.

Question 41

At one time, only ________ were qualified to serve as jurors.

Question 42

Many states have adopted the ________ standard to meet the peer group regulation, particularly in view of U.S. Supreme Court decisions.

Question 43

Some state statutes do not designate any class of persons who are exempt from jury duty but do include a provision that the court has the authority to excuse a person upon finding that jury service would entail ________ on the person or on the public.

Question 44

One of the grounds for challenging a juror for cause is ________ about the guilt or innocence of the defendant.

Question 45

The primary reason for a(n) ________ is to protect its members from possible outside influence in arriving at their verdict.

Question 46

Interviews with persons who have accepted their duty to serve on criminal juries reveal that many become________ with the jury system.

Question 47

Irrespective of what persons may think or believe, as long as the ________ Amendment guarantee to a trial by jury is in effect, the jury system will not be eliminated.

Question 48

What are the qualifications to be a jury member?

Question 49

What are some of the exemptions from jury service?

Question 50

What are the common grounds for challenging prospective jury members for cause?

Question 51

Explain the ambiguity of "a jury of one's peers."

Question 52

Explain the restrictions placed on counsel when using peremptory challenges and how this may impact jury selection.