Chapter 9 pt.2 Flashcards

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1
Q

Can effective lawyers remove potential jurors who do not support their side of the case?

A

Voirdire on jury composition may be decisive when lawyer skills are not matched

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2
Q

In the OJ Simpson trial he was tried for what?

A

brutal stabbing murders of ex-wife and friend

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3
Q

The jury members least likely to convict OJ Simpson were?

A

African American females

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4
Q

Both male and female AA jurors in the OJ Simpson trial, were more receptive to what key themes?

A

corruption

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5
Q

True or False: Well educated jurors likely to trust incriminating DNA evidence

A

True

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6
Q

What was the makeup of the OJ Simpson jury?

A

8 black women
2 white women
1 black man
1 latino man

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7
Q

The makeup of the OJ Simpson trial:

__ were college graduates and __ reported they had personally had negative experiences with police officers

A

2 were college graduates

5 reported they had personally had negative experiences with police officers

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8
Q

Can effective lawyers remove potential jurors who do not support their side of the case?

A

–May be most effective in subset of cases

–Juror characteristics strongly influence the interpretation of ambiguous evidence.

–Conscientiousness and hard work led to desirable outcome for defense

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9
Q

____ _________ assist in jury selection based on research conducted by social scientists

A

Jury consultants

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10
Q

What are the tasks of jury consultants?

A

1) Data driven approach
2) Use of mock jurors; shadow jury
3) Analyze supplemental juror questionnaires

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11
Q

Does trial consulting work?

A

Differences in lawyer effectiveness in jury selection favorable to case

Contribution may be greater when case is close or lawyer is less skilled

Some evidence of modest improvement through case-specific attitude measurement

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12
Q

What is a mock jury?

A

Engage in a shortened version of the trial

Produce profiles

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13
Q

What is a shadow jury?

A

Match the demographics of the actual jury

Inform about weak or unclear aspects of their trial presentation

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14
Q

Trial consultant may form a _______ _____ that follows the actual trial but not under the same restrictions as the actual jury.

A

shadow jury

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15
Q

Attorneys may use a shadow jury’s feedback to alter ____ ________

A

trial strategy

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16
Q

What are the effects of mock juries and shadow juries?

A

process shown to have modest effects on trial outcome

men talk more than women during deliberation and more likely to be elected foreperson

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17
Q

Zieslaand Diamond (1978): shadow juries from prospective jurors that had been _________ ______ _____ ____.

A

dismissed during voir dire

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18
Q

True or False: Attorneys are better than college students at choosing jurors and do better at detecting prospective jurors with bias.

A

False; Attorneys are no better than college students at choosing jurors and do no better than chance at detecting prospective jurors with bias.

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19
Q

What are the juror characteristics and verdict prediction?

A

1) association is modest or unreliable
2) gender and nature of crime
3) individual differences

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20
Q

Juror characteristics and attitude are modestly associated with what characteristics?

A

1) Locus of control
2) Belief in a just world
3) Authoritarianism

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21
Q

What does the RLAQ stand for?

A

Revised Legal Attitudes Questionnaire

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22
Q

The RLAQ consists of ___ ____________

A

30 statements

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23
Q

What does JBS stand for?

A

Juror Bias Scale

24
Q

The JBS consists of ___ _____

A

17 items

25
Q

The JBS measures general _________ about the legal system

A

cynicism

26
Q

What does PJAQ stand for?

A

Pretrial Juror Attitude Questionnaire

27
Q

Pretrial Juror Attitude Questionnaire (PJAQ)

contains 29 items divided into what six subscales?

A
  1. Conviction proneness
  2. System confidence
  3. Cynicism toward the defense
  4. Social justice
  5. Racial bias
  6. Innate criminality
28
Q

What is the difference between compensatory damages and punitive damage?

A

Compensatory damages: compensate plaintiff for losses

Punitive damage: punish defendant for irresponsible or malicious conduct and to discourage others from behaving similarly

29
Q

The _____ _____ ____ _____ is composed of 16 items

A

Civil Trial Bias Scale

30
Q

Civil Trial Bias Scale would measure the modest relationships between ________ _____ _______ and _______ _______

A

litigation crisis attitudes

damage rewards

31
Q

People who believe that lawsuits are frivolous generally tend to favor ____ _______ ______ and minimize _____ _________ of civil defendants.

A

low damage awards

blame worthiness

32
Q

Same race defendant with same race juror, led to jurors judge defendant as ______ especially if they were the minority race in the jury.

A

guilty

33
Q

True or False: same race juror will tend to give lighter sentencing.

A

False; same race juror will tend to give stricter sentencing.

34
Q

What is the boomerang effect?

A

Disassociate themselves from the defendant

Maintain a favorable view of their own group

35
Q

True or False: Diverse juries least likely to vote for conviction

A

True

36
Q

True or False: Presence of black jurors caused white jurors to process the trial evidence more thoroughly.

A

True

37
Q

________ more likely to be receptive to a plaintiff oriented

A

Females

38
Q

True or False: Gender alone does not predict verdicts

A

True

39
Q

Receptiveness to elements of a _______-_________ _______ of events (the sexual attention was unwelcome, management tolerated the harassment) or a ________ _________ ________ (the woman encourage the harassment, she is suing the company to retaliate for being fired)

A

plaintiff-oriented account

defense oriented account

40
Q

Similarity (to defendant) produces leniency only when _________ __ __________ and similar jurors outnumber dissimilar jurors.

A

evidence is inconclusive

41
Q

_________ may causes jurors to be more harsh in defendant judgment

A

Similarity

42
Q

The more ____ _________, more likely to presume defendant is guilty

A

news coverage

43
Q

_______ is misremembered by jurors as having been presented at trial

A

Publicity

44
Q

Effectiveness of judge’s instructions to disregard _____ _______ was weak

A

pretrial publicity

45
Q

Strong when news coverage is __________ ________ and when television is the source of the information

A

emotionally arousing

46
Q

Who goes first prosecution or defense?

A

Prosecution

47
Q
After jury selection: 
1) 
2) 
3) 
4)
A

1) Trial begins
2) Opening statements by opposing attorneys
3) Witnesses called and questioned (direct examination and cross examination)
4) Closing arguments made by each attorney

48
Q

In criminal trials, __________ goes first and in civil trials, ________ goes first.

A

prosecution

plaintiff

49
Q

Criminal cases: defendant must be judged guilty _______ __ _________ ______, while in civil cases, standard of proof for being held liable (responsible for causing the alleged harm) is usually _____________ __ ___ _________.

A

beyond a reasonable doubt

preponderance of the evidence

50
Q

Defense layers have the option of _________ __________ until it is their turn to present evidence

A

postponing statement

51
Q

____________ __ __________: more than 50% of the evidence favors one side. (usually civil cases)

A

Preponderance of evidence

52
Q

__________ ______: a doubt for which someone can give a reason (presumably a good reason).

A

Reasonable doubt

53
Q

_______ __ _________ _____: Jurors must be more than 90% certain that the defendant is guilty. (usually criminal cases)

A

Beyond a reasonable doubt

54
Q

Witnesses called and questioned:

  • ______ examination (prosecution)
  • ______ examination (defense)
  • _______ examination (call witness again)
  • ___-_____ examination
A

Direct
Cross
Redirect
Re-cross

55
Q

After all evidence has been presented, each attorney makes a _______ __________

A

closing argument

56
Q

True or False: Prosecutor or plaintiff’s lawyer has both the first and last word at trial.

A

True

57
Q

Can effective lawyers remove potential jurors who do not support their side of the case?

A

Impact of voirdire on jury composition may be decisive when lawyer skills are not matched