Chapter 6: Questions

Question 1

Which of the following is NOT a type of offense in Canada?

A. Summary offences
B. Indictable offences
C. Hybrid offences
D. Felony offences

Answer 1

Felony Offences

Question 2

A summary offence is tried by ___________.

Answer 2

Judge alone

Question 3

A defendant is charged with first-degree murder. This would be considered a(n) _________ in Canada

Answer 3

Indictable offence

Question 4

A hybrid offence is a cross between a(n) _________ offence and a(n) _________ offence.

Answer 4

Indictable offence / summary offence

Question 5

A case involving ______________ is an example of a less serious indictable offence and would typically be heard by __________.

Answer 5

Theft / judge alone

Question 6

Describe the Juries Act

Answer 6

Legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected

Question 7

In Canada, criminal trials have ___ person juries

Answer 7

12

Question 8

A jury summons is _______________.

Answer 8

a court order that states the time/place at which a person must attend jury duty

Question 9

What are the two types of challenges a lawyer can present to reject a prospective juror?

Answer 9

Peremptory challenge and challenge for a cause

Question 10

When using a __________, the lawyer does not need to provide a reason for rejecting a prospective juror. When using a ___________, the lawyer must give a reason for rejecting a prospective juror.

Answer 10

peremptory challenge / challenge for a cause

Question 11

The Supreme Court of Canada has indicated that ____________ and _____________ are two fundamental characteristics of juries.

Answer 11

representativeness / impartiality

Question 12

Which is NOT a method for increasing the likelihood of an impartial jury?

A. Challenge for a cause
B. Adjournment
C. Commencement
D. Change of venue

Answer 12

C. Commencement

Question 13

The defendant in a highly publicized murder case may not receive a fair trial due to negative attention from the media. This is known as

Answer 13

pretrial publicity

Question 14

What is the term used when a jury ignores the law and acquits the defendant?

Answer 14

Jury nullification

Question 15

The main legal function of a jury is to apply the law to the admissible evidence presented and to reach a verdict. There are also four additional jury functions that have been identified. Which is NOT one of the four additional jury functions?

Answer 15

To act as the conscience of the victim

Question 16

What is NOT one of the four methodologies discussed on how to study juror and jury behaviour?

Answer 16

Pretrial interviews

Question 17

What methodology for studying juror and jury behaviour involves observing actual jurors while they are serving on jury duty?

Answer 17

Field studies

Question 18

________ have high internal validity but low external validity.

Answer 18

Simulations

Question 19

3 limitations of using field studies to study juror and jury behaviour?

Answer 19

• It is likely that only a small sample of participants will be available.
• possible variables that the researcher may not be able to control.
• Receiving approval from the courts for conducting the research may be difficult.

Question 20

Which two methodologies for studying juror and jury behaviour are unable to establish a cause-and-effect relationship?

Answer 20

Post-trial interviews and archives

Question 21

3 conclusions Penrod and Heuer (1997) reached in their review of juror note-taking?

Answer 21

• Jurors’ notes serve as a memory aid.
• Note-takers do not distract jurors who do not take notes.
• Jurors’ notes are an accurate record of the trial.

Question 22

According to the “CSI effect,” compared to those who don’t watch CSI type TV shows, those who do watch CSI type TV shows _______________.

Answer 22

are more likely to require DNA evidence to convict a suspect

Question 23

What is the term Paglia and Schuller (1998) used to describe a situation whereby a judge’s instructions to disregard evidence simply makes the evidence more memorable than if no instructions were given?

Answer 23

Backfire effect

Question 24

A _______ is necessary for criminal cases in Canada. However, cases can continue with fewer jurors as long as no more than ________.

Answer 24

12-person jury / 2 members are excused

Question 25

What is NOT true regarding the director’s cut model of juror decision making?

A. Jurors use the evidence presented at trial to form a narrative.

B. It is part of a two-level model.

C. Jurors conduct a set of mental calculations regarding the importance and strength of each piece of evidence.

D. Jurors construct their own models of the evidence to test the overall story likelihood.

Answer 25

C. Jurors conduct a set of mental calculations regarding the importance and strength of each piece of evidence.

Question 26

Devine and Caughlin (2014) conducted a meta-analysis that examined personality traits and juror decision making and found a positive relationship between ______________ and guilt judgments such that those who score high on these traits tend to be more inclined to prefer conviction.

Answer 26

authoritarianism

Question 27

Although research has reported that no group of juror attitudes has received sufficient investigation to reach a definitive conclusion about their possible influence on verdicts, the one notable exception is attitudes toward _________________.

Answer 27

capital punishment

Question 28

The 1992 rape-shield provisions state that _____________.

Answer 28

Inquiry into a woman’s sexual history is at the judge’s discretion

Question 29

In December 2012, the Supreme Court of Canada, under split decision, stated that the appropriateness of wearing a religious veil during testimony _______________.

Answer 29

is to be determined on a case-by-case basis

Question 30

Regarding expert testimony, Sundby (1997) examined the transcripts of 152 jurors who participated in 36 first-degree murder cases in California. Jurors were asked about their perceptions and reactions to various types of witnesses. Of the types of witnesses, jurors were most likely to view ______ negatively, believing they had little credibility and hurt the side they were testifying for.

Answer 30

professional experts

Question 31

A phenomenon known as _____________ occurs when individuals tend to become more extreme in their initial position following a group discussion (Baron & Bryne, 1991).

Answer 31

polarization

Question 32

For _______ offences in Canada, the defendant can choose whether the trial proceeds with both judge and jury or judge alone.

Answer 32

Indictable

Question 32

With a hybrid offence, the maximum sentence is ______ if the Crown proceeds by indictment and typically a maximum sentence of _____ if the Crown proceeds summarily.

Answer 32

5 or more years / 6 months

Question 33

In a murder trial, how many peremptory challenges are the Crown and defence allowed?

Answer 33

20

Question 34

In Canada, which of the following is NOT a piece of information that lawyers typically know about prospective jurors during the jury selection process?

Answer 34

Personal background (They do know your name, address, and occupation.)

Question 35

Retired Supreme Court Justice Frank Iacobucci made 17 recommendations to improve juries in Canada. What issue did the recommendations address?

Answer 35

The underrepresentation of Indigenous peoples on juries

Question 36

In what way does a challenge for cause change how a jury is selected in Canada?

Answer 36

Two individuals from the jury pool act as “triers” to decide whether to reject a prospective juror.

Question 37

What methodology for studying juror/jury decision making involves researchers creating a mock trial (using a written, audio, or video format) and then presenting the trial to participants?

Answer 37

Simulation

Question 38

3 limitations of using archives to study juror/jury decision making

Answer 38

• Research is limited by the information that can be accessed.
• The researcher is unable to establish cause-and-effect relationships.
• The researcher is unaware of the reliability of the information collected.

Question 39

Which of the following is NOT one of the conclusions Penrod and Heuer (1997) reached after reviewing the research examining juror questions?

A. Jurors do not become advocates.

B. Jury questioning promotes juror understanding of the facts and the issues.

C. Jurors ask legally appropriate questions.

D. Juror questions clearly help to get to the truth.

Answer 39

D. Juror questions clearly help to get to the truth.

Question 40

Research has found that evidence strength and defendant race may interact. When evidence is strong, similarity between defendant and jury leads to punitiveness; this is known as ________________.

Answer 40

the black sheep effect

Question 41

In a meta-analysis examining racial bias on verdict and sentencing decisions, Mitchell, Haw, Pfeifer, and Meissner (2005) found a small significant effect of racial bias on jury decisions. Participants were more likely to render guilty verdicts for _____________ defendants than for _____________ defendants.

Answer 41

other-race; own-race

Question 42

In Canada, a jury is required to reach a verdict that is ______________.

Answer 42

unanimous

Question 43

3 juror characteristics of impartiality?

Answer 43

• The juror must have no connection to the defendant.
• The juror must set aside pre-existing biases, prejudices, or attitudes.
• The juror must ignore inadmissible evidence.

Question 44

Generally, there are two types of challenges lawyers can use to reject a potential juror. Which challenge permits lawyers to reject jurors who they believe are unlikely to reach a verdict in their favour without providing a reason for why they believe this?

Answer 44

Peremptory challenge