Chapter 12: Preparing For Trials

Question 1

The initial pool or panel of citizens from which a jury is drawn is called the

Answer 1

Venire

Question 2

The jury seated to deliberate on the beating of Rodney King by police officers in Los Angeles in 1992 found the officers not guilty, setting off a slew of riots. What was a primary objection that many had to this jury?

Answer 2

It contained no black jurors

Question 3

During the O.J. Simpson trial, one prospective juror (Unsuccessfully) attempted to be relieved from jury duty by claiming which of the following personal hardships?

Answer 3

Claustrophobia

Question 4

What was the name of the forum in which the judge and/or attorneys ask questions of prospective jurors?

Answer 4

voir dire

Question 5

When people on a panel of potential jurors answer questions in a way that make themselves look more attractive or paint an unduly positive impression of themselves, they are being influenced by the _______ effect

Answer 5

Social desirability

Question 6

When an attorney asks the judge to dismiss a potential juror from consideration due to factors that would create bias (ex: a business relationship with the plaintiff or defendant), this is called ___________.

Answer 6

challenge for cause

Question 7

A lawyer for the man accused of the 2013 Boston Marathon bombing, Dzhokar Tsarnaev, made a motion that the venue of the trial should be moved to a different location based on which argument?

Answer 7

Pretrial publicity would have tainted any potential local juror

Question 8

A person accused of a crime is guaranteed a speedy and impartial trial before an impartial jury by the _____ Amendment to the Constitution of the United States.

Answer 8

6th

Question 9

If a juror hears information about a case on the news, but incorrectly believes that they heard that information as evidence presented during the trial, this sort of __________ error can lead to biased verdicts.

Answer 9

source monitoring

Question 10

How do juries verdicts differ from those of judges?

Answer 10

In criminal cases, judge agreed with jury on verdict in 70% of trials. When there was disagreement, jurors were more lenient than judges. (More likely to acquit)

Question 11

What does the legal system seek in trial juries?

Answer 11

Representative and unbiased juries

Question 12

What stands in the way of jury representativeness?

Answer 12

• Underrepresent youth, older adults, and minorities.
• people fail to respond to jury summons
• other seek dismissal by claiming personal hardship

Question 13

What procedures are used in voir dire? (To get an unbiased jury)

Answer 13

• judges and attorneys question prospective jurors
  - attorneys try to swat them to their viewpoint through integration and indoctrination techniques

Question 14

What personality and attitudinal characteristics of jurors are related to their verdicts?

Answer 14

Personality and attitude related characteristics:
Authoritarianism, Need for Cognition, and Trust in the Legal System

Question 15

How effective are lawyers at responding to personality and attitudinal characteristics of jurors?

Answer 15

Lawyers don’t focus on personality characteristics because they’re difficult to identify. In choosing jurors, lawyers base decisions on their implicit personality theories and stereotypes.

Question 16

What role do trial consultants play in a trial?

Answer 16

1. Pretrial assessments of reactions to evidence
2. Development of themes that organize the evidence for specific jurors like Kelly to be swayed by this approach

Question 17

How does pretrial publicity pose a danger to fair trials? How can these dangers be reduced?

Answer 17

• Some trials generate so much publicity, impartial jury is jeopardized.
• generic prejudice can influence jurors’ reasoning
• change of venue is the most common remedy

Question 18

Authoritarianism

Answer 18

Set of beliefs and characteristics that includes submissiveness to authority, demands for obedience from subordinates, intolerance of minorities, endorsement and use of power and punishment to ensure conformity to conventional norms

Question 19

Behavioral confirmation process

Answer 19

An influence in which people’s expectations cause them to act in ways that confirms those expectations

Question 20

Bench trial

Answer 20

A trial by which the verdict is decided by a judge (not a jury)

Question 21

Black sheep effect

Answer 21

The tendency to be more punitive toward those members of one’s group who violate norms of the group

Question 22

Casuistry

Answer 22

Fallacious reasoning in order to justify questionable behavior

Question 23

Challenges for cause

Answer 23

Occurring during selection, such challenges can be made by an attorney seeking to excuse a potential juror on grounds of bias. In addition, a judge may excuse a prospective juror for cause without a request to do so from either attorney. There is no limit on the number of challenges for cause that an attorney can make

Question 24

Cognizable groups

Answer 24

Specific groups of persons usually defined by demographic characteristics such as race or gender