283
Chapter 13
TRIALS AND JURIES
TEST BANK
MULTIPLE CHOICE
1. Pretrial publicity can taint a jury pool. What process is supposed to screen out potential
jurors who have been tainted?
a.
venire
c.
voir dire
b.
objections
d.
venue
2. In England, the concept of a jury functioning as an impartial fact-finding body was first
formalized in 1215 in the
a.
English Bill of Rights.
c.
Declaration of the Rights of Man.
b.
Assize of Clarendon.
d.
Magna Carta.
3. In a high-profile case what might be necessary to find a pool of potential jurors who
could render a fair and impartial verdict, free from the taint of pretrial publicity?
a.
a change in custody
b.
a rebuttal
c.
jury consultants
d.
a change in venue
4. What Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury?”
a.
4th
c.
6th
b.
5th
d.
7th
5. A defendant charged with a serious offense has the right to a jury trial only if the offense
is punishable by a term of incarceration of more than
a.
30 days.
c.
6 months.
b.
90 days.
d.
one year.
284
6. The minimum size criminal jury approved by the U.S. Supreme Court is
a.
6 persons.
c.
10 persons.
b.
8 persons.
d.
12 persons.
7. A trial before a judge without a jury is called a(n)
a.
informal trial
c.
magistrate trial
b.
justice trial
d.
bench trial
8. What might happen to a jury if a judge is concerned about publicity in a trial?
a.
they might be nullified
b.
they might be summoned
c.
they might be venire
d.
they might be sequestered
9. In which of the following crime labs have significant error in laboratory testing been
documented?
a.
federal crime labs
b.
members of larger juries more accurately recall evidence.
c.
federal, state, and local crime labs
d.
local crime labs
10. What is another name for trial juries?
a.
grand juries.
b.
petit juries.
c.
bench juries.
d.
non juries.
11. The questioning of potential jurors is called
285
a.
voir dire.
c.
sequester.
b.
venire.
d.
inquiry.
12. Challenges to jurors that require a justification are called challenges
a.
per se.
c.
by reason.
b.
for cause.
d.
at law.
13. Challenges to jurors that do not require reasons are termed
a.
automatic challenges
c.
peremptory challenges
b.
discretionary challenges
d.
ministerial challenges
14. Neither prosecutors nor defense attorneys may use peremptory challenges to eliminate
potential jurors on the basis of
a.
race or sex.
c.
unwillingness to follow the law.
b.
attitude or appearance.
d.
refusal to answer questions.
15. Included among those who are not covered by statutory exemption from serving on a jury
panel are
a.
police officers.
c.
emergency medical personnel.
b.
firefighters.
d.
caregivers.
16. How many challenges for cause may be made by the prosecution and the defense in a
felony criminal trial?
a.
five
c.
fifteen
b.
ten
d.
an unlimited number
17. What type of research do jury consultants use to profile jurors?
a.
social scientific research
b.
legal research
286
c.
biological research
d.
historical research
18. What happens immediately prior to a jury beginning deliberations?
a.
the judge instructs the jury
b.
the judge sequesters the jury
c.
the judge begins voir dire
d.
the judge summons the venire
19. Individuals cannot serve on juries in any state if
a.
they are not citizens of the United States.
b.
they have been convicted of a felony.
c.
they understand English, but are illiterate.
d.
All of these answers are correct.
20. Criminal trials start with two presumptions: the presumption of innocence and the
presumption of
a.
sanity
c.
reasonable doubt
b.
Fairness
d.
justice
21. What is the term indicating that a prosecutor in a criminal cases must produce some
evidence to justify moving a case forward?
a.
burden of proof
b.
burden of evidence
c.
burden of production
d.
burden of instructions
22. What type of evidence serves as an auditory or visual aid to assist the fact-finder in
understanding the evidence?
a.
scientific evidence
b.
real evidence
c.
testimonial evidence
287
d.
demonstrative evidence
23. Which of the following provides the best example of hearsay evidence?
a.
“As best as I can recall…”
b.
“Mary told me she saw…”
c.
“I told my wife…”
d.
“I don’t remember hearing anyone say…”
24. Which of the following types of evidence is generally not admissible at trial?
a.
DNA
c.
hair analysis
b.
fingerprint
d.
Polygraph
25. What type of evidence is used to infer the existence of some fact in a dispute?
a.
Circumstantial
c.
Direct
b.
Demonstrative
d.
Testimonial
26. Under the Daubert standard, what is the lynchpin to admissibility?
a.
probability
b.
validity
c.
circumstance
d.
reliability
27. What case replaced Frye regarding the admissibility of scientific testimony?
a.
Daubert v. Merrill-Dow Pharmaceuticals
b.
J.E.B. petitioner v. Alabama
c.
Kumho Tire v. Carmichael
d.
Snyder v. Louisiana
28. What is the minimum size of a jury in noncapital criminal cases?
288
a.
9 persons
b.
6 persons
c.
3 persons
d.
12 persons
29. Jury consultants use mock trials to
a.
test which pieces of evidence might be effective.
b.
test which witnesses might be effective.
c.
test which arguments might be effective.
d.
test their whole case.
30. What Amendment gives a criminal defendant the privilege not to testify at trial?
a.
4th
c.
6th
b.
5th
d.
7th
31. What is a legal yardstick measuring the sufficiency of evidence?
a.
reasonable doubt.
b.
totally sure.
c.
absolute certainty.
d.
insufficient evidence.
32. What two provisions of the U.S. Constitution often come into conflict in high-profile
criminal cases?
a.
The Sixth Amendment and the Seventh Amendment.
b.
The Fourth Amendment and the Fifth Amendment.
c.
The First Amendment and the Sixth Amendment.
d.
The Seventh Amendment and the Eighth Amendment.
33. The judge explains the relevant law to the jury in the jury
a.
instructions.
c.
venire.
b.
voir dire.
d.
verdict form.
289
34. What is it called when the jury ignores the law and acquits an obviously guilty
defendant?
a.
jury nullification
c.
jury invalidation
b.
jury reversal
d.
jury obfuscation
35. What is a common type of post-verdict motion?
a.
motion for a change of venue
c.
motion for a new trial
b.
motion for a continuance
d.
motion for a writ of habeas corpus
36. Wrongful convictions have resulted from which of the following?
a.
hair microscopy
c.
fingerprinting
b.
serology
d.
All of these have contributed to
wrongful convictions
37. In Sheppard v. Maxwell the U.S. Supreme Court ruled which of the following violated
Sheppard’s right to a fair trial?
a.
bias in jury selection
c.
jury tampering
b.
prejudicial pretrial publicity
d.
jury nullification
CRITICAL THINKING SCENARIOS
CASE 13.1
Throughout most of our nation’s history, the three broad constitutional provisions dealing with
trial by jury had little applicability in state courts. The U.S. Constitution applied only to trials in
federal courts. These practices changed dramatically, however, when the Supreme Court decided
Duncan v. Louisiana (1968), ruling that the jury provisions of the Sixth Amendment were
incorporated by the Due Process Clause of the Fourteenth Amendment to apply to state courts, as
well. Subsequent decisions grappled with the problem of defining the precise meaning of the
right to trial by jury. The most important issues concerned the scope of the right to a jury trial,
the size of the jury, and unanimous versus nonunanimous verdicts.
290
38. Stefanie is caught shoplifting at her local pharmacy. Which of the following is most
likely true?
a.
she will have to testify if her case goes to trial
b.
she does not have a right to a jury trial
c.
she has a right to a jury trial
d.
her jury trial must have 9 members
39. Calvin is arrested for breaking and entering and assault with a weapon. If convicted, he
faces a potential sentence total of five years in prison or 10 years on probation. His attorney
recommends he take a plea bargain offering him one year in prison. If he goes to trial which of
the following rights does he have?
a.
jurors at his trial must reach a unanimous verdict
b.
the jury at his trial must have at least 8 members
c.
the media will not be allowed in the courtroom
d.
the right to a jury trial
40. Lupe is exercising her right to a jury trial in state court for attempted murder. Which of
the following rights does she most like have during the trial?
a.
the right to a supermajority verdict
b.
the right to a unanimous verdict
c.
the right to a simple majority verdict
d.
the right to have no media coverage during the trial
CASE 13.2
Before the first word of testimony, trials pass through the critical stage of jury selection. Juries
are chosen in a process that combines random selection with deliberate choice. Jury selection
occurs in three stages: compiling a master list, summoning the venire, and conducting voir dire.
Whether these processes actually produce fair and impartial juries has been the subject of much
concern.
41. Basing the master jury list on voter registration tends to exclude which of the following?
a.
the poor
b.
the young
c.
racial minorities
d.
all of these answers are correct
42. Failing to respond to a jury summons can result in a warrant being issued for arrest;
punishments include
a.
30 days in jail
b.
$150 fine
c.
fines or jail sentences
d.
none of these answers is correct
43. Which of the following are requirements of jurors in virtually all states?
a.
residents of the locality
b.
minimum age
c.
understand English
d.
All of these answers are correct
CASE 13.3
In recent years, jury selection has taken a scientific turn. Rather than relying on personal hunch,
attorneys in a few highly publicized cases have employed social scientists to aid them in a more
intelligent, systematic use of the voir dire that has come to be called “scientific jury selection.”
44. What do jury consultants use to test which pieces of evidence, witnesses, and arguments
might be most effective in convincing people to vote a particular way?
a.
focus groups
b.
polls
c.
mock trials
d.
focus groups and polls
45. Trial consultants are hired most often by
a.
prosecutors.
b.
defense attorneys.
c.
judges.
d.
victims.
TRUE/FALSE
1. The First Amendment limits the power of judges to control media coverage of a trial.
2. A petit jury is the jury that hears a criminal trial.
3. A gag order prohibits anyone involved in a case—police, prosecutor, defense attorney,
defendant—from talking to the press.
4. Secondhand evidence is called hearsay.
5. The primary purpose of the jury is to prevent oppression by the government.
6. The U.S. Supreme Court has ruled that juries do not have to consist of 12 members.
7. All persons charged with an offense for which any amount of incarceration is possible
have a right to a jury trial.
8. The U.S. Supreme Court has approved six-member juries in criminal cases.
293
9. Both the adult criminal justice system and the juvenile justice system provide defendants
a right to a trial by jury.
10. In federal courts, defendants are entitled to a 12-person jury unless the parties agree in
writing to a smaller jury.
11. The venire is the master jury list.
12. An attorney’s use of peremptory challenges cannot be scrutinized by the courts.
13. The voir dire process provides a way for prosecutors and defense attorneys to begin
developing rapport with potential jurors.
14. Attorneys in criminal trials have an unlimited number of peremptory challenges.
15. Alternative jurors replace regular jurors who disagree with the majority during
deliberations.
16. The U.S. Supreme Court has ruled that master jury lists must reflect a representative and
impartial cross section of the community.
17. A jury that is unable to reach a verdict is called a hung jury.
18. Researchers find that many jurors make a preliminary decision with regard to the
outcome of a case after hearing opening statements.
19. A defendant is not required to prove him or herself innocent.
20. Criminal trials start with two presumptions: the presumption of sanity and the
presumption of innocence.
21. Because the prosecutor bears the burden of proof, the defense goes last in closing
arguments.
22. Evidence at trial is limited to relevant evidence.
23. At trial, information about the defendant’s character, prior convictions, or a reputation
would not normally be relevant and is, therefore, inadmissible.
24. The continued use of some types of forensic evidence has been called into question.
25. Information derived from hypnosis may not be used at trial.
295
COMPLETION
1. The prejudicial effects of pretrial publicity can sometimes be overcome by a change of
_____.
2. A judicial order that prohibits persons involved with the case from providing information
to the media is called a _____ order.
3. The _____ Amendment guarantees that “in all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury.”
4. The defense has the opportunity to _____ each of the prosecution’s witnesses.
5. A trial before a judge without a jury is a(n) _____ trial.
6. The minimum size of a jury approved by the U.S. Supreme Court (at least for non-capital
cases) is _____ persons.
7. The most frequently used source for compiling a master jury list are _____ lists.
296
8. The second step in jury selection is the drawing of the _____.
9. The first step in jury selection is the compilation of the _____ jury list.
10. When citizens are selected to be in a jury pool, they will be notified via a(n) _____, a
document that commands these selected citizens to appear at the courthouse for jury duty.
11. Jury _____ use social science research to _____ jurors.
12. Before jury deliberations the judge _____ the jury with regard to the applicable law.
13. The prosecution has the responsibility to overcome the presumption of _____.
14. The standard of proof in a criminal case is proof beyond a _____ doubt.
297
15. Testimony that involves a witness stating that some else told them something is usually
not admissible at trial because such testimony is _____.
16. It is not enough that evidence is relevant, it must also be _____.
17. _____ evidence has no evidential value by itself. Rather, it serves as a visual or auditory
aid to assist the fact-finder in understanding the evidence.
18. The privilege against self-incrimination is found in the _____ Amendment.
19. Under the _____ standard, reliability is the linchpin to admissibility of expert testimony.
20. The power of a jury to ignore the law is called jury _____.
ESSAY
298
1. Discuss the current status of the Sixth Amendment right to a jury trial. In your answer,
discuss the circumstances under which the Sixth Amendment right to a jury trial applies
to offenders, whether unanimous verdicts are required, and jury size.
2. What are three options available to a trial judge to manage prejudicial pretrial publicity?
ANS:
299
3. Discuss the role of voir dire and challenges used in jury selection. Be sure to provide
examples.
4. What technique do jury consultants use to help attorneys develop convincing trial
presentations? What does the research generally show with regard to the effectiveness of
jury consultants?
ANS:
5. Discuss the role of the Fifth Amendment with regard to defendant testimony. What
protections does the Fifth Amendment provide for a defendant when testifying in court?
6. In what ways do special limitations on expert witnesses affect the litigation of criminal
cases? Discuss the cases that helped determine limitations on expert witnesses. Include a
discussion of Frye and Daubert.
7. Summarize some of the basic rules of evidence.
8. What is the process for summoning jurors? What constitutional limitations have been
established for this process?