Exam 2 - Lecture's 11 Flashcards by Ryan Clark

_________ Amendment: guarantees the right to a trial by an “impartial jury” in criminal cases

Sixth

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Sixth Amendment: guarantees the right to a trial by an “_________” in criminal cases

impartial jury

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_________ Amendment: guarantees the right to a trial by jury in civil cases

Seventh

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Seventh Amendment: guarantees the right to a trial by jury in _________ cases

civil

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Sixth Amendment: guarantees the right to a trial by an “impartial jury” in _________ cases

criminal

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Jury Selection and Service Act of 1968
Taylor v. Louisiana (1975)

Federal and state courts must assemble juries that constitute a “fair _________ of the community”.

cross-section

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Juries-

Main issue: _________

REPRESENTATIVENESS

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-Representativeness-

Why is it important?

System must look _________ and legitimate
Personal qualities of jurors should not affect the _________ of a trial

fair

- outcome

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Strauder v. West Virginia (1880):

Exclusion of individuals solely b/c of race is a violation of the _________ Clause
Systematic or intentional exclusion of religious, racial or other cognizable groups is _________

Equal Protection

- forbidden

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_________ : Gathered from voter registration lists

Jury pool

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_________ : Once pool is drawn…

“venire”

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“venire”: Once pool is drawn…

Individuals answer questions to assess qualifications and ability to _________

serve

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“venire”: Once pool is drawn…

_________ : mental incompetence, non-English speakers, police officers, legally blind

Exclusions

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“venire”: Once pool is drawn…

Exclusions: mental incompetence, non-English speakers, police officers, legally _________

blind

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1979: _________ were automatically excluded from jury pool

women

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_________ : “To speak the truth”

Voir Dire

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Voir Dire: “To speak the truth”

Purpose is to eliminate _________ jurors

bias

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Voir Dire: “To speak the truth”

Potential jurors are questioned by _________

attorney/judge

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Voir Dire: “To speak the truth”

No set _________ regarding how questions are posed

guidelines

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_________ : Yes/No questions asked to the entire group

Limited Voir Dire

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Limited voir dire:

Doesn’t tell you much about each juror’s _________

beliefs

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Limited voir dire:

If jurors are silent during a response it doesn’t mean they are _________

unbiased

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Can you set aside dispositions and biases when evaluating trial evidence?” _________

Impossible

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_________ :

Both judges and attorneys ask questions

Extended voir dire

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Extended voir dire: Both judges and attorneys ask questions- - Open and closed _________ - Jurors questioned _________ about many topics

- questions | - individually

Extended voir dire: - Encourage jurors to talk about their _________ - Can reveal _________ that would have otherwise not come up

- experiences | - biases

_________ : - Compromise between limited and extended - Ask group questions then select a few for brief, follow-up questioning

Typical voir dire

Typical voir dire lasts around ___ hours.

Typical voir dire: Judges encourage written questionnaires if _________ topics are discussed (prior victimization)

sensitive

Voir Dire: Challenges Only way attorneys can “strike” someone from the jury

Challenges

Voir Dire: Challenges Attorneys have at their disposal _________ : bias, prejudice or ties to parties in the case Doesn’t happen very often

Challenges for cause

Voir Dire: Challenges Attorneys have at their disposal Challenges for cause: bias, prejudice or ties to _________ in the case Doesn’t happen very often

parties

Voir Dire: Challenges Attorneys have at their disposal _________ : exclusion of potential juror “without a reason stated” and without approval from the judge

Peremptory challenges

Voir Dire: Challenges Attorneys have at their disposal Peremptory challenges: exclusion of potential juror “_________ ” and without approval from the _________

- without a reason stated | - judge

Voir Dire: Challenges Peremptory challenges: Used to strike “_________ ”

unsympathetic jurors

Voir Dire: Challenges Peremptory challenges: Number allowed depends on case, _________, charge, etc.

jurisdiction

Voir Dire: Challenges Peremptory challenges: Number allowed depends on case, jurisdiction, charge, etc. -Civil case: ___; Capital murder: ___ – Michigan ___ – Federal (when facing death penalty)

- 3 - 12 - 20

Voir Dire: Challenges Peremptory challenges: Controversial: “_________ the jury”

Stacking

Voir Dire: Challenges Peremptory challenges: Controversial: “ Stacking the jury” Allows attorney to _________ information about the case

plant

Voir dire cannot be used to eliminate certain types of people from the _________ jury

final

Voir dire cannot be used to eliminate certain types of people from the final jury Attorney must answer with “race-neutral” reason Truth: Attorneys come up with any reason to _________ a juror they don’t want

strike

_________ : Person’s preconceptions about how people’s attributes affect their behavior

Implicit Personality Theory

Implicit Personality Theory: Person’s preconceptions about how people’s attributes affect their _________

behavior

_________ - | -Assume that jurors who are similar to the defendant will favor the defendant

Similarity-leniency hypothesis

Black sheep effect | -Sanction people of their group because they _________ the entire group

embarrass

Cases dealing with sexual assault, DV, and sexual harassment | -Women _________ more than men

convict

Cases dealing with sexual assault, DV, and sexual harassment -Women convict more than men Gender is not reliable indicator of _________ in other types of cases

verdict

Gender: Most influential in terms of _________ characteristics (jury room)

social

Gender: Most influential in terms of social characteristics (jury room) - Men are more _________ in jury room - Men speak more often during deliberations - Men are perceived as more _________ by other jurors

- active | - influential

Gender: Most influential in terms of social characteristics (_________) - Men are more active in jury room - Men speak more often during _________ - Men are perceived as more influential by other jurors

- jury room | - deliberations

SES: Rich convict _________

Blacks convict _________ , except when they are wealthy.

less

Jury- Research shows between 10% and 30% of variability is accounted for by _________ characteristics.

personality

Internal/external locus of control (_________) Internal: skill, effort -Events result in large part due to their own behavior and actions

Rotter

Internal/external locus of control (Rotter) _________ : skill, effort -Events result in large part due to their own behavior and actions

Internal

Internal/external locus of control (Rotter) Internal: skill, _________ -Events result in large part due to their own _________ and actions

- effort | - behavior

Internal/external locus of control (Rotter) _________ : luck, fate, actions of others -Events result in large part due to chance

External

Internal/external locus of control (Rotter) External: luck, fate, actions of _________ -Events result in large part due to _________

- others | - chance

Criminal cases: Defendant prefers _________ locus view

external

Belief in a just world- - People need _________ and justification - Don’t want to believe that bad things happen to good people - Victims of crime _________ it somehow - Rape victims: “they must have provoked it”

- explanation | - deserve

Belief in a just world- - People need explanation and justification - Don’t want to believe that bad things happen to _________ people - Victims of crime deserve it somehow - Rape victims: “they must have _________ it”

- good | - provoked

_________ - - People need explanation and justification - Don’t want to believe that bad things happen to good people - Victims of crime deserve it somehow - Rape victims: “they must have provoked it”

Belief in a just world

Prior experience on a jury - More likely to _________ - More likely to offer _________ punishment

- convict | - severe

Johnson & Haney (1994) Compared juries picked by lawyers, law students and college students -No difference in striking _________ jurors.

biased

Focus Groups: What evidence to show to jury, the _________ of evidence, _________ of witnesses, etc.

- order | - credibility

Ethical Considerations in Jury Selection Goal is to select representative sample of _________

community

Ethical Considerations in Jury Selection Goal is to select representative sample of community - Jury pools are _________ - Attorneys want favorable jurors - Trial consultants: Jury _________ ? - -Poor defendants can’t afford trial consultants

- biased | - Riggers

Ethical Considerations in Jury Selection Goal is to select representative sample of community - Jury pools are biased - Attorneys want _________ jurors - Trial consultants: Jury Riggers? - -Poor defendants can’t _________ trial consultants

- favorable | - afford