Chapter 9 pt.1

Question 1

What are crimes?

Answer 1

offenses against the state and prosecuted by the state

Question 2

Is this a criminal or civil case:

murder considered an offense to everyone in society

Answer 2

criminal case

Question 3

Is this a criminal or civil case:

jail time as potential punishment

Answer 3

criminal case

Question 4

Is this a criminal or civil case:

beyond a reasonable doubt

Answer 4

criminal case

Question 5

Is this a criminal or civil case:

trial by jury

Answer 5

criminal case

Question 6

Is this a criminal or civil case:

defendant entitled to an attorney

Answer 6

criminal case

Question 7

Is this a criminal or civil case:

protections against illegal searches and seizures

Answer 7

criminal case

Question 8

Is this a criminal or civil case:

wronged party would file the case

Answer 8

civil case

Question 9

Is this a criminal or civil case: may involve jail time and/or monetary punishments in terms of fines

Answer 9

civil case

Question 10

Is this a criminal or civil case:

preponderance of evidence

Answer 10

civil case

Question 11

Is this a criminal or civil case:

may be decided by judge

Answer 11

civil case

Question 12

Is this a criminal or civil case:

Defendant must pay for one

Answer 12

civil case

Question 13

Is this a criminal or civil case:

Many well known protections not available to defendant (because less consequences- jail time and death)

Answer 13

civil case

Question 14

Early juries were _______ but modern juries tend to be more ________

Answer 14

biased

impartial

Question 15

What is the 6th amendment?

Answer 15

speedy and public trial by an impartial jury

Question 16

What is the 7th amendment?

Answer 16

preserves right to a trial by jury in civil cases

Question 17

______ _________ and _______ ___ of 1968 and the U.S. Supreme Court in _______ v. __________ (1975): juries constitute a “Fair cross-section of the community”

Answer 17

Jury Selection and Service Act of

Taylor v. Louisiana

Question 18

Who is usually underrepresented in jury selection?

Answer 18

• poor people
• people who frequently move
• minorities

Question 19

Juries are formed by:
1)
2)
3)

Answer 19

1) voter registration records
2) government service lists
3) driver license records

Question 20

The Jury Selection process: 
1) 
2) 
3) 
4)

Answer 20

1) Jurypool
2) Sample
3) Venire
4) Jury

Question 21

What is the jurypool of jury selection?

Answer 21

All mentally competent, English-speaking, adult U.S citizens who have not been convicted of a felony and who are living in the relevant jurisdiction.

Question 22

What is the sample of jury selection?

Answer 22

Group of eligible people summoned to report for jury duty.

Question 23

What is the venire of jury selection?

Answer 23

People who actually show up at the court-house for jury duty.

Question 24

What is the jury of the jury selection process?

Answer 24

Group that survives the voiredire process

Question 25

When moving from jury pool to venire, a _______ _______ of potential jurors summoned to appear

Answer 25

random sample

Question 26

Approximately ___% of potential jurors are no-shows

Answer 26

20%

Question 27

There are a variety of _______ to eliminate some jurors

Answer 27

excuses

Question 28

When moving from jury pool to venire, a ___-___ or ___ ____ system is widely adopted

Answer 28

one-day

one trial

Question 29

Voir dire = “______ ____ ____”

Answer 29

“speak the truth”

Question 30

In order to get a verdict in a misdemeanor case, how many jurors do you need to agree?

Answer 30

3/4 or 5/6

Question 31

What are the 2 types of challenges to the voir dire process?

Answer 31

1) for cause (unlimited)

2) peremptory (limited)

Question 32

What is a, for cause (unlimited), challenge to voir dire?

Answer 32

Juror may be prejudiced about the case (relative of one of the parties or the lawyer, or works for the company)

Question 33

What is a, peremptory (limited), challenge to voir dire?

Answer 33

Do not need a reason

Usually made because it is high stakes (lengthy prison sentence or a large damage payment in a civil suit)

Question 34

What was the result of the Batson v. Kentucky (1986) case?

Answer 34

cannot dismiss jurors because they belong to some cognizable group.

Question 35

What are cognizable groups?

Answer 35

Certain group members sharing distinguishing characteristics or attitude.

Question 36

True or False: Peremptory challenges can be used to eliminate members of some cognizable groups, and can be used to strike jurors because of religiously based beliefs

Answer 36

False; Peremptory challenges cannot be used to eliminate members of some cognizable groups, but can be used to strike jurors because of religiously based beliefs

Question 37

How many jurors are representative of the community?

Answer 37

12

Question 38

What are some various was in which an attorney may determine which potential jurors least likely to support a side of a case during voirdire procedures.

Answer 38

1) First impressions (physical characteristics)
2) Information from written questionnaires
3) Social media analysis