Chapter 6: Questions Flashcards
Which of the following is NOT a type of offense in Canada?
A. Summary offences
B. Indictable offences
C. Hybrid offences
D. Felony offences
Felony Offences
A summary offence is tried by ___________.
Judge alone
A defendant is charged with first-degree murder. This would be considered a(n) _________ in Canada
Indictable offence
A hybrid offence is a cross between a(n) _________ offence and a(n) _________ offence.
Indictable offence / summary offence
A case involving ______________ is an example of a less serious indictable offence and would typically be heard by __________.
Theft / judge alone
Describe the Juries Act
Legislation that outlines the eligibility criteria for jury service and how prospective jurors must be selected
In Canada, criminal trials have ___ person juries
12
A jury summons is _______________.
a court order that states the time/place at which a person must attend jury duty
What are the two types of challenges a lawyer can present to reject a prospective juror?
Peremptory challenge and challenge for a cause
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.
peremptory challenge / challenge for a cause
The Supreme Court of Canada has indicated that ____________ and _____________ are two fundamental characteristics of juries.
representativeness / impartiality
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
C. Commencement
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
pretrial publicity
What is the term used when a jury ignores the law and acquits the defendant?
Jury nullification
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?
To act as the conscience of the victim
What is NOT one of the four methodologies discussed on how to study juror and jury behaviour?
Pretrial interviews
What methodology for studying juror and jury behaviour involves observing actual jurors while they are serving on jury duty?
Field studies
________ have high internal validity but low external validity.
Simulations
3 limitations of using field studies to study juror and jury behaviour?
- 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.
Which two methodologies for studying juror and jury behaviour are unable to establish a cause-and-effect relationship?
Post-trial interviews and archives
3 conclusions Penrod and Heuer (1997) reached in their review of juror note-taking?
- 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.
According to the “CSI effect,” compared to those who don’t watch CSI type TV shows, those who do watch CSI type TV shows _______________.
are more likely to require DNA evidence to convict a suspect
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?
Backfire effect
A _______ is necessary for criminal cases in Canada. However, cases can continue with fewer jurors as long as no more than ________.
12-person jury / 2 members are excused
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.
C. Jurors conduct a set of mental calculations regarding the importance and strength of each piece of evidence.
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.
authoritarianism
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 _________________.
capital punishment
The 1992 rape-shield provisions state that _____________.
Inquiry into a woman’s sexual history is at the judge’s discretion
In December 2012, the Supreme Court of Canada, under split decision, stated that the appropriateness of wearing a religious veil during testimony _______________.
is to be determined on a case-by-case basis
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.
professional experts
A phenomenon known as _____________ occurs when individuals tend to become more extreme in their initial position following a group discussion (Baron & Bryne, 1991).
polarization
For _______ offences in Canada, the defendant can choose whether the trial proceeds with both judge and jury or judge alone.
Indictable
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.
5 or more years / 6 months
In a murder trial, how many peremptory challenges are the Crown and defence allowed?
20
In Canada, which of the following is NOT a piece of information that lawyers typically know about prospective jurors during the jury selection process?
Personal background (They do know your name, address, and occupation.)
Retired Supreme Court Justice Frank Iacobucci made 17 recommendations to improve juries in Canada. What issue did the recommendations address?
The underrepresentation of Indigenous peoples on juries
In what way does a challenge for cause change how a jury is selected in Canada?
Two individuals from the jury pool act as “triers” to decide whether to reject a prospective juror.
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?
Simulation
3 limitations of using archives to study juror/jury decision making
- 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.
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.
D. Juror questions clearly help to get to the truth.
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 ________________.
the black sheep effect
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.
other-race; own-race
In Canada, a jury is required to reach a verdict that is ______________.
unanimous
3 juror characteristics of impartiality?
- 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.
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?
Peremptory challenge
