Deck 7: A: Juries: Fact Finders

Question 1

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

Answer 1

members of the jury pool

Question 2

You have been summoned as a prospective juror,and are being asked questions by the Crown and defence.When the defence finds out you are taking a course in forensic psychology,he argues that you should be excused on this basis and not eligible to be a juror in this case.What type of challenge is the defence council using in this situation?

A)Ex-post-facto challenge
B)Challenge for cause
C)Nullification challenge
D)Voir dire challenge
E)Peremptory challenge

Answer 2

Challenge for cause

Question 3

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

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

Answer 3

impartial

Question 4

Which of the following is not a strategy used to increase the chances of an impartial jury?

A)Adjournment
B)Challenge for cause
C)Change of venue
D)Peremptory challenge
E)Postponing the trial

Question 5

The case of R.v.Brown (2005)was used in your text as an example of what jury-related concept?

A)Jury representativeness
B)Jury nullification
C)Jury impartiality
D)Peremptory challenge
E)Challenge for cause

Question 6

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 7

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 8

Mrs.White is suing Mr.Black for psychological damages she incurred while working for Mr.Black.During this time,Mrs.White was injured while working on an assembly line when a machine clamped down on her arm.Although she is healed,she claims to suffer PTSD as a result and argues that Mr.Black knew the machine was malfunctioning and should pay the consequences of his negligent action.Which of the following statements about this case is correct?

A)This case is not eligible to be tried by a jury.
B)This criminal case would be tried by judge alone.
C)This criminal case would be tried by judge and jury.
D)This civil case would be tried by a 6-8 member jury.
E)This civil case would be tried by a jury and require a unanimous verdict.

Question 9

Research on the effects of pretrial publicity and juror decision-making by Ruva and colleagues has revealed that

A)only negative pretrial publicity influences verdicts
B)only positive pretrial publicity influences verdicts
C)both negative and positive pretrial publicity influences verdicts
D)verdicts are not influenced by this publicity as it is disregarded by jurors.
E)jurors are only selected if they have not been exposed to any publicity about the defendant.

Question 10

According to retired Supreme Court Justice of Canada Frank Iacobucci,which population is currently under-represented on Canadian juries?

A)Women
B)Aboriginals
C)Asians
D)Youth
E)Men

Question 11

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)indic offence/judge only
D)indic offence/judge and jury
E)hybrid offence/judge only

Question 12

In Canada,jury verdicts do not have to be unanimous in what type of trial?

A)Less serious indic offences
B)Highly serious indic offences
C)Summary conviction offences
D)Hybrid offences
E)Civil trials

Question 13

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 14

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

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

Question 15

An option to reject biased jurors is known as a:

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

Question 16

Thomas receives a jury summons in the mail,but he throws it in the trash and does not show up to the courthouse at the appointed time.What is the likely outcome for Thomas?

A)No penalty
B)Jail time
C)A monetary fine
D)Will not be excused from jury duty
E)Either b or c

Question 17

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 18

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

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

Question 19

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

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

Question 20

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

Question 21

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 22

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 23

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 24

Freda is serving as a jury member in a murder trial.She strongly feels that the defendant is guilty when she hears evidence presented that is similar to what she has seen on her favourite crime drama Law and Order.Freda's judgment is likely influenced by what psychological phenomenon?

A)The story model
B)Jury nullification
C)The CSI effect
D)Leniency bias
E)Polarization

Question 25

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 26

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 27

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 28

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 29

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 30

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 31

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 32

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 33

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 34

Chaos theory in relation to jury nullification refers to:

A)jurors being guided by emotions and personal biases rather than the law
B)jurors upholding the law despite the public outcry that their verdict will likely cause
C)jurors disregarding the law based on extralegal factors such as the appearance of the defendant
D)jurors being dismissed from juries in controversial cases when biased decision-making is evident
E)jurors following the law so as not to incite chaos in the courtroom

Question 35

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 36

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 37

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

Question 38

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 39

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 40

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

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

Question 41

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 42

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 43

Which one of the following jurors would likely be most persuasive based on their characteristics?

A)Tara,a short,highly agreeable,and extroverted female.
B)Marcus,a tall,extroverted male with high levels of moral reasoning
C)Todd,an introverted male who is very conscientious and shows high moral reasoning.
D)Felicity,an extroverted female who scores high on openness to experience.
E)Josh,an agreeable,conscientious,extrovert.

Question 44

Following deliberations,a jury may be more likely to return a verdict of not guilty.This refers to:

A)the polarization effect
B)the verdict driven effect
C)the evidence driven effect
D)the leniency effect
E)the nullification effect

Question 45

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 46

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 47

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 48

A meta-analysis concerning racial bias and verdicts by Mitchell,Haw,Pfeifer,and Meissner (2005)revealed that

A)jurors are less likely to return guilty verdicts for 'other-race' defendants because they don't want to appear biased.
B)jurors are more likely to return guilty verdicts for 'other-race' defendants than for defendants of their own race.
C)mixed-race juries produce the most accurate verdicts as they balance out any potential biases.
D)jurors are more likely to convict 'other-race' defendants,especially when racial issues are discussed during trial.
E)jurors are always less likely to convict 'other-race' defendants due to the leniency bias.

Question 49

According to research by Gunnell and Ceci (2010)on juror decision-making and the Cognitive Experiential Self Theory (CEST),jurors who rely more on their personal experiences,interpretations,and emotional reactions when making decisions are engaging in:

A)Dogmatic processing
B)Rational processing
C)Elaborative processing
D)Narrative processing
E)Experiential processing

Question 50

Juan is a young adult man of Hispanic heritage,accused of murdering his Caucasian girlfriend Suzanne.Carmela is a Hispanic woman who is serving as a member of the jury.According to the black sheep effect,Carmela would be likely to:

A)Be more lenient towards Juan if the victim is portrayed as a 'black sheep'.
B)Be more punitive towards Juan if the evidence against him is weak.
C)Be more lenient towards Juan if the evidence against him is strong.
D)Be more punitive towards Juan if the evidence against him is strong.
E)Be more lenient towards Juan because they are the same race,independent of whether the evidence against him is strong or weak

Question 51

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 52

Imagine that you are a consultant for defence council in a case involving an Aboriginal male accused of murdering a white female and a primarily Caucasian jury.Based on the research on racial bias in court,what advice would you give the defence council?

A)Advise the lawyer to "play the race card" (i.e.,mention racial issues to jury)as this helps to reduce juror bias towards other-race defendants
B)Advise the lawyer to focus on presenting his case with strong evidence and leave race out of it completely.
C)Advise the lawyer to make his client look "as Caucasian as possible" to minimize juror bias based on stereotypes.
D)Advise the lawyer to discredit the victim as much as possible by labeling her as a 'black sheep' to elicit sympathy towards the defendant.
E)Both a and c.

Question 53

The current rape shield provisions in Canadian courts specify that:

A)A woman's prior sexual history cannot be introduced in court.
B)A woman's prior sexual history is admissible evidence and necessary for determining credibility.
C)A woman's sexual history is deemed irrelevant in court,unless prior false allegations of rape exist on record.
D)A woman's prior sexual history is relevant only when it concerns previous confirmed victimization.
E)A woman's prior sexual history may be admitted to court at the judge's discretion and only if relevant to the case.

Question 54

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 55

Sam and the other members of the jury have just finished hearing all the evidence in a sexual assault trial.Once they enter the deliberation room,Sam says that he thinks they should take an initial poll to see what verdict each juror would return,and then they can discuss the evidence.Sam is using what type of style of jury deliberation?

A)Polarization
B)Evidence driven
C)Verdict driven
D)Leniency
E)Nullification

Question 56

In their study examining rape myths,sexual attitudes,and gender in relation to a date rape scenario,Hammond,Berry,and Rodriguez (2011)found that:

A)both males and females endorsed rape myths and were more lenient towards the accused.
B)female jurors were more likely to endorse rape myths but were more punitive towards the accuser.
C)female jurors were less likely to endorse rape myths but more likely to be lenient towards the accused and accuser.
D)male jurors were less likely to endorse rape myths and were more punitive towards the accused.
E)male jurors were more likely to endorse rape myths and were more lenient towards the accused.