Chapter 12: Preparing For Trials Flashcards
The initial pool or panel of citizens from which a jury is drawn is called the
Venire
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?
It contained no black jurors
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?
Claustrophobia
What was the name of the forum in which the judge and/or attorneys ask questions of prospective jurors?
voir dire
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
Social desirability
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 ___________.
challenge for cause
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?
Pretrial publicity would have tainted any potential local juror
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.
6th
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.
source monitoring
How do juries verdicts differ from those of judges?
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)
What does the legal system seek in trial juries?
Representative and unbiased juries
What stands in the way of jury representativeness?
- Underrepresent youth, older adults, and minorities.
- people fail to respond to jury summons
- other seek dismissal by claiming personal hardship
What procedures are used in voir dire? (To get an unbiased jury)
- judges and attorneys question prospective jurors
- attorneys try to swat them to their viewpoint through integration and indoctrination techniques
What personality and attitudinal characteristics of jurors are related to their verdicts?
Personality and attitude related characteristics:
Authoritarianism, Need for Cognition, and Trust in the Legal System
How effective are lawyers at responding to personality and attitudinal characteristics of jurors?
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.
What role do trial consultants play in a trial?
- Pretrial assessments of reactions to evidence
- Development of themes that organize the evidence for specific jurors like Kelly to be swayed by this approach
How does pretrial publicity pose a danger to fair trials? How can these dangers be reduced?
- Some trials generate so much publicity, impartial jury is jeopardized.
- generic prejudice can influence jurors’ reasoning
- change of venue is the most common remedy
Authoritarianism
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
Behavioral confirmation process
An influence in which people’s expectations cause them to act in ways that confirms those expectations
Bench trial
A trial by which the verdict is decided by a judge (not a jury)
Black sheep effect
The tendency to be more punitive toward those members of one’s group who violate norms of the group
Casuistry
Fallacious reasoning in order to justify questionable behavior
Challenges for cause
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
Cognizable groups
Specific groups of persons usually defined by demographic characteristics such as race or gender
