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Page 12
d.
the compulsory process.
ANSWER:
d
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:40 AM
DATE MODIFIED:
1/5/2017 11:46 PM
32. Defendants who plead guilty give up all of the following rights, except:
a.
the right to trial.
b.
the right to confront witnesses.
c.
the right to an attorney.
d.
the right not to incriminate themselves.
ANSWER:
c
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:42 AM
DATE MODIFIED:
1/5/2017 11:46 PM
33. What is the name of the jury selection system that relies on recommendations from civic and political leaders?
a.
b.
c.
d.
ANSWER:
d
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:44 AM
DATE MODIFIED:
1/5/2017 11:46 PM
34. A challenge for cause:
a.
is made by the prosecutor to strike a potential juror that the prosecutor thinks will not be favorable to the
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Page 13
state’s case.
b.
is made by defense counsel based on the juror’s race or gender.
c.
strikes a juror who appears to be (or is believed to be) biased or prejudiced toward the defendant or the state.
d.
exempts persons from jury service because of their age, criminal record, or ability to speak and write English.
ANSWER:
c
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:45 AM
DATE MODIFIED:
1/5/2017 11:46 PM
35. Hearsay violates the confrontation clause because:
a.
the defendant can’t cross-examine the witnesses against them.
b.
it often gets misinterpreted.
c.
the jury doesn’t have a chance to see the demeanor of the person who spoke the out-of-court statements.
d.
people can lie too easily about what they heard someone else say.
ANSWER:
a
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:47 AM
DATE MODIFIED:
1/5/2017 11:46 PM
36. Defendants do not have to prove their innocence.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:48 AM
DATE MODIFIED:
1/5/2017 11:46 PM
37. Prosecutors have a formal duty to convict only criminals.
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Page 14
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:49 AM
DATE MODIFIED:
1/5/2017 11:46 PM
38. Guilty pleas are constitutional when defendants waive rights knowingly and voluntarily.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:50 AM
DATE MODIFIED:
1/5/2017 11:46 PM
39. Most courts require that a factual basis for the plea be established before the court will accept the plea.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:51 AM
DATE MODIFIED:
1/5/2017 11:46 PM
40. A valid plea cannot be assumed from a silent record.
a.
True
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Page 15
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:52 AM
DATE MODIFIED:
1/5/2017 11:46 PM
41. SCOTUS has ruled that all jury verdicts in criminal cases must be unanimous to be constitutional.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.03 – Understand the types of verdicts juries can give, the purpose of the
unanimous verdict requirement, and the significance of jury nullification.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:54 AM
DATE MODIFIED:
1/5/2017 11:46 PM
42. Six-person juries do not have to render unanimous verdicts.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.03 – Understand the types of verdicts juries can give, the purpose of the
unanimous verdict requirement, and the significance of jury nullification.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:55 AM
DATE MODIFIED:
1/5/2017 11:46 PM
43. The right to an impartial jury does not require that the jury be selected from a fair cross-section of the community.
a.
True
b.
False
ANSWER:
False
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Page 16
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:57 AM
DATE MODIFIED:
1/5/2017 11:46 PM
44. A trial judge may not deal with a continually disruptive defendant by having the defendant bound and gagged.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:58 AM
DATE MODIFIED:
1/5/2017 11:46 PM
45. Defendants who plead guilty waive their Fifth Amendment right to remain silent.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:59 AM
DATE MODIFIED:
1/5/2017 11:46 PM
46. Six-member juries satisfy the requirements of the Sixth Amendment.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Trial by Jury
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Page 17
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:14 PM
DATE MODIFIED:
1/5/2017 11:46 PM
47. SCOTUS has ruled that use of the key-man system to select jurors is in violation of the Sixth Amendment.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:15 PM
DATE MODIFIED:
1/5/2017 11:46 PM
48. Judges are responsible for exercising a peremptory challenge to strike potential jurors.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:17 PM
DATE MODIFIED:
1/5/2017 11:46 PM
49. Negotiated guilty pleas appear mainly in large urban courts.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
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Page 18
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:18 PM
DATE MODIFIED:
1/5/2017 11:46 PM
50. The Sixth Amendment confrontation clause bars the use of hearsay evidence under all circumstances.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:20 PM
DATE MODIFIED:
1/5/2017 11:46 PM
51. The jury’s authority to reach a not guilty verdict, despite proof of guilt, is called _______________
_______________.
ANSWER:
jury nullification
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.03 – Understand the types of verdicts juries can give, the purpose of the
unanimous verdict requirement, and the significance of jury nullification.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:22 PM
DATE MODIFIED:
1/5/2017 11:46 PM
52. Cases where the proof of guilt is overwhelming are called “_______________ _______________” cases.
ANSWER:
dead bang
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:23 PM
DATE MODIFIED:
1/5/2017 11:46 PM
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Page 19
53. Attorneys for both sides can remove prospective jurors from the jury panel by _______________ _______________.
ANSWER:
peremptory challenges
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:24 PM
DATE MODIFIED:
1/5/2017 11:46 PM
54. Grounds to reverse the trial court’s judgment of guilt are called reversible _______________.
ANSWER:
error
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:26 PM
DATE MODIFIED:
1/5/2017 11:46 PM
55. Faced with many “difficult–to-predict inputs,” people are likely to accept the first _______________ they think they
can live with.
ANSWER:
plea
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.05 – Understand, and appreciate the empirical research regarding plea
bargains in and outside “the shadow of trial.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:27 PM
DATE MODIFIED:
1/6/2017 2:15 PM
56. An attorney’s address to the jury just before presentation of evidence is called a(n) _______________
_______________.
ANSWER:
opening statement
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
Copyright Cengage Learning. Powered by Cognero.
Page 20
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:29 PM
DATE MODIFIED:
1/5/2017 11:46 PM
57. Boilerplate jury instructions that fit most cases are called _______________ _______________.
ANSWER:
pattern instructions
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:30 PM
DATE MODIFIED:
1/5/2017 11:46 PM
58. The two types of guilty pleas are the _______________ plea and the _______________ plea.
ANSWER:
straight; negotiated or Alford
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:32 PM
DATE MODIFIED:
1/5/2017 11:46 PM
59. When the defense agrees not to contest some of the facts of a case, they are said to _______________.
ANSWER:
stipulate
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:33 PM
DATE MODIFIED:
1/5/2017 11:46 PM
60. Defendants who plead guilty waive their _______________ Amendment right to remain silent, as well as their
_______________ Amendment rights to trial by jury and to confront witnesses.
ANSWER:
Fifth; Sixth
POINTS:
1
REFERENCES:
Trial by Jury
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:35 PM
DATE MODIFIED:
1/5/2017 11:46 PM
61. Describe the types of verdicts that juries can give, and the purpose of the unanimous verdict requirement.
ANSWER:
Juries can return “guilty,” “not guilty,” or “special” verdicts. Special verdicts, generally, are
related to insanity or capital punishment.
The requirement for a unanimous verdict instills confidence in the criminal justice process,
guarantees careful review of evidence, ensures the hearing of minority viewpoints, and more.
SCOTUS has held that non-unanimous guilty verdicts are constitutional.
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 11:36 PM
DATE MODIFIED:
1/5/2017 11:46 PM
62. List and briefly summarize the stages in the criminal trial.
ANSWER:
There are various stages in a criminal trial, including the following:
(1) Voir dire: the process by which attorneys for both sides question potential jurors.
(2) Opening statement: the point at which both sides have the opportunity to address the
selected jurors before presenting evidence.
(3) Presenting the evidence: the time when the state and the defendant call witnesses and
POINTS:
1
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 11:38 PM
DATE MODIFIED:
1/5/2017 11:46 PM
63. Explain the rights that defendants waive when they enter a guilty plea. What protection does a defendant have when
making a guilty plea?
ANSWER:
Defendants waive three constitutional rights:
(1) The Fifth Amendment right to remain silent, meaning they waive the privilege of self-
incrimination.
(2) The Sixth Amendment right to a trial by jury.
(3) The Sixth Amendment right to confront the witnesses against them.
For the waiver to be constitutional, SCOTUS has ruled that judges must ensure, in open
court, through direct questions to the defendant, that the waiver was knowing and intelligent.
The defendant must be aware of all of the consequences of the plea.
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 11:40 PM
DATE MODIFIED:
1/5/2017 11:46 PM
64. Explain the various types of guilty pleas.
ANSWER:
Straight guilty pleas are made without negotiation between defense counsel and the
prosecutor, and are generally entered in cases where the proof of guilt is overwhelming.
Negotiated pleas occur in exchange for some concession from the government.
Charge bargaining is when the government reduces either the severity or the number of
criminal charges in exchange for a guilty plea.
Sentence bargaining occurs when the prosecutor recommends a favorable sentence to the
judge, or when the defendant bargains directly for a favorable sentence with the judge, in
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 11:41 PM
DATE MODIFIED:
1/5/2017 11:46 PM
65. Describe and explain the significance of the SCOTUS decision Batson v. Kentucky (1986).
ANSWER:
In this case, the Court emphasized again that a peremptory strike of a potential juror based on
race violates the equal protection clause of the Constitution. To ferret out this discrimination,
the Court created a three-step test. The defendant must first make a prima facie case, based
on the totality of the prosecutor’s conduct, that racial discrimination occurred in the use of
peremptory challenges. During step two, the burden shifts to the government to come
forward with a race neutral explanation for the strikes. In step three, the trial judge decides if
the defendant proved intentional discrimination.
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 11:43 PM
DATE MODIFIED:
1/5/2017 11:46 PM