Deck 7: Juries: Fact Finders

Question 1

An option to reject biased jurors is known as a:

A) change of venue
B) adjournment
C) challenge for cause
D) nullification
E) deliberation

Answer 1

challenge for cause

Question 2

In Canada,summary offences:

A) are tried by judge alone
B) are tried by judge and jury
C) are either tried by judge alone or by judge and jury as specified by the wishes of the defendant
D) are either tried by judge alone or by judge and jury depending on the severity of the offence
E) are either tried by judge alone or by judge and jury depending on the decision of the Crown prosecution

Answer 2

are tried by judge alone

Question 3

Which of the following is not one of the functions of a jury?

A) to use the wisdom of 12 to reach a verdict
B) to promote democracy
C) to protect against outdated laws
D) to increase knowledge about the justice system
E) to act as the conscience of the community

Answer 3

to promote democracy

Question 4

What is a key characteristic of jury simulation studies?

A) Archival material is used.
B) Variables of interest are manipulated.
C) Individuals who have served on juries in the past typically participate.
D) Mock trials are usually longer than real trials.
E) There is high external validity.

Question 5

In most Canadian trials,the defence and Crown are each allowed ___ peremptory challenges.

A) 6
B) 10
C) 12
D) 16
E) 20

Question 6

A(n)_______________ can be used by the Crown or the defence to reject a potential juror without have to provide a reason for doing so.

A) adjournment
B) challenge for cause
C) nullification
D) voir dire
E) peremptory challenge

Question 7

Which research methodology is limited with the types of questions that can be asked given its method of data collection?

A) field studies
B) simulation studies
C) archives
D) post-trial interviews
E) experimental studies

Question 8

Which research method is most commonly used to study jury decision making?

A) simulation studies
B) post-trial interviews
C) archival studies
D) examination of media reports
E) none of the above

Question 9

What is the term used to describe a jury that ignores the law when reaching a verdict?

A) jury nullification
B) jury resistance
C) jury tampering
D) jury invalidation
E) jury conscience

Question 10

Which of the following methods of researching jury behaviour is least likely to be used in Canada?

A) archival research
B) post-trial interviews
C) simulation studies
D) field studies
E) All of the above are commonly used in Canada.

Question 11

In a challenge for cause,jurors are selected by:

A) the judge
B) the Crown
C) the defence
D) members of the jury pool
E) the accused

Question 12

The 1975 change to Quebec law whereby a jury verdict could no longer be overturned on appeal is known as the:

A) Morgentaler Amendment
B) Deadlock Amendment
C) Latimer Amendment
D) Authoritarian Amendment
E) none of the above

Question 13

Meissner,Brigham,and Pfeifer (2003)reached what overall conclusion regarding nullification instructions?

A) Nullification instructions produce socially favourably and socially unfavourably verdicts.
B) Nullification instructions only produce socially favourably verdicts.
C) Nullification instructions only produce socially unfavourably verdicts.
D) Nullification instructions do not influence verdicts.
E) The effect of nullification instructions cannot be predicted.

Question 14

The term used to describe a juror who is unbiased is:

A) representative
B) impartial
C) naïve
D) immature
E) partial

Question 15

Which of the following is not true regarding indictable offences in Canada?

A) The accused can choose whether the trial proceeds by judge alone or judge and jury in some indictable offences.
B) Less serious indictable offences are heard by a judge sitting alone.
C) Highly serious indictable offences are tried by judge and jury.
D) Highly serious indictable offences can be tried by judge alone if the accused and attorney general agree.
E) All of the above are true regarding indictable offences in Canada.

Question 16

According to the Supreme Court of Canada,the two fundamental characteristics of jurors are:

A) representativeness and commitment
B) commitment and truthfulness
C) impartiality and truthfulness
D) commitment and impartiality
E) representativeness and impartiality

Question 17

When probing jurors during a challenge for cause,what are lawyers not allowed to ask prospective jurors about?

A) backgrounds
B) personalities
C) attitudes
D) a and b
E) none of the above

Question 18

Fred Wilson violated his probation order.According to your text,Mr.Wilson would be charged with a(n)___________ offence and his trial would likely be heard by __________.

A) summary offence/judge only
B) summary offence/judge and jury
C) indictable offence/judge only
D) indictable offence/judge and jury
E) hybrid offence/judge only

Question 19

Which legislation outlines the criteria for jury eligibility in each of the provinces and territories in Canada?

A) Criminal Code of Canada
B) Juries Act
C) Corrections and Conditional Release Act
D) Jury Selection Code
E) Summons Act

Question 20

The Morgentaler and Latimer cases discussed in your text are illustrations of:

A) challenge for cause
B) jury nullification
C) jury impartiality
D) case-specific approaches
E) the black sheep effect

Question 21

Besides the method of placing a ban on pretrial publicity,name and explain two other methods that courts can employ to increase the likelihood of jury impartiality.

Question 22

Which research method is able to establish cause-and-effect relationships?

A) archives
B) simulation studies
C) post-trial interviews
D) field studies
E) all of the above

Question 23

According to a review of research examining juror questions,Penrod and Heuer (1997)concluded that:

A) juror questions help reveal truth
B) juror questions help increase jurors', judges', and lawyers' satisfaction with the trial and verdict
C) jury questioning increases a juror's understanding of the case facts
D) jurors tend to ask legally inappropriate questions
E) all of the above

Question 24

List one advantage and one disadvantage of using simulation studies to investigate jury decision making.Briefly outline a simulation study to study the effects of victim characteristics in a sexual assault case on juror decision making.Make sure you clearly identify your independent variables (and/or person characteristics)and dependent variables.

Question 25

Which of the following is the most empirically supported model of jury decision making?

A) relative contribution model
B) just-world attribution model
C) explanation model
D) justification model
E) mathematical model

Question 26

Which of the following is true regarding jurors who are willing to give the death penalty?

A) They recall more evidence presented at trial.
B) They are less likely to understand judicial instructions.
C) They are less likely to render a not guilty verdict than jurors who are not willing to give the death penalty.
D) They are more likely to render a guilty verdict than jurors who are not willing to give the death penalty.
E) none of the above

Question 27

What is meant by the juror characteristic of impartiality?
What are two of the issues surrounding impartiality?

Question 28

A jury is in the process of deliberations.The six jurors who initially felt that the accused was innocent begin to feel even more strongly that the accused is innocent,while the six jurors who initially felt that the accused was guilty begin to feel even more strongly that the accused is guilty.This process is called:

A) normative influence
B) compliance
C) polarization
D) unconscious transference leniency
E) leniency bias

Question 29

List four functions of a jury.

Question 30

Which of the following is an example of an explanation model of jury decision making?

A) math model
B) story model
C) new-age model
D) structure model
E) hybrid model

Question 31

How can the CSI effect be described?

A) the education of jurors whereby they are more likely to convict if techniques seen on television are used
B) watching over 20 hours of crime shows a week
C) the fatigue associated with watching "CSI" type shows
D) a new mental health syndrome
E) a term used to distinguish it from the Law and Order effect

Question 32

Numerous studies have now examined the effect of jury size.This research indicates that,compared to a 12-person jury,a 6-person jury is likely to:

A) be less representative of the community
B) recall less of the evidence presented at trial
C) spend less time deliberating
D) reach a unanimous decision
E) all of the above

Question 33

According to a review of research examining juror note taking,Penrod and Heuer (1997)concluded that:

A) note takers distract jurors who do not take notes
B) note takers cannot keep up with the evidence being presented
C) jurors overemphasize the evidence that they have noted, at the expense of evidence they have not recorded
D) juror note taking favours the Crown/prosecution
E) notes are an accurate record of the trial

Question 34

As it currently stands in Canada,the practice of jurors asking questions and taking notes is:

A) left to the discretion of the juror
B) left to the discretion of the judge
C) left to the discretion of the Crown
D) compulsory
E) not permitted

Question 35

Note taking by jurors has been proposed as one possible way of improving juror comprehension.However,a number of researchers have pointed out potential problems with this comprehension aid.Which of the following has been proposed as a potential problem with juror note taking?

A) Jurors who have taken notes may exert an undue influence over those who haven't.
B) Note taking may distort perceptions of the case.
C) Note taking may be disruptive to other jurors.
D) Note taking may impede memory.
E) Note taking favours the defence.

Question 36

According to a study by Sundby (1997)on jurors' perceptions of different types of witnesses,which of the following witnesses would be viewed most negatively?

A) a lay expert
B) a professional expert
C) a friend of the defendant
D) a family member of the defendant
E) There are generally no differences in jurors' perceptions of these different witnesses.

Question 37

In Canada,juries in criminal trials must reach a ___________ verdict.

A) majority
B) unanimous
C) 51% majority
D) hung
E) 75% majority

Question 38

Narby,Cutler,and Moran (1993)conducted a meta-analysis examining authoritarianism and juror verdicts.They found what type of relationship?

A) small positive
B) small negative
C) moderate positive
D) moderate negative
E) no relationship

Question 39

In R.v.Darrach,2000,the Supreme Court of Canada decided that the onus is on the ___________ to show the victim's sexual history is relevant in a sexual assault case.

A) Crown
B) defendant
C) victim
D) jury
E) police officer

Question 40

Which of the following defendant characteristics has been found to influence a verdict?

A) criminal history
B) mental health
C) occupation
D) marital status
E) sex

Question 41

In the context of jury decision making,distinguish between the terms polarization,leniency bias,and black sheep effect.

Question 42

List two proposed advantages and two proposed disadvantages associated with the asking of questions by jurors as a courtroom comprehension aid.

Question 43

List four proposed reforms for judges' instructions aimed at facilitating juror understanding.