Exam 2 - Lecture's 11 Flashcards

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1
Q

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

A

Sixth

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2
Q

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

A

impartial jury

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3
Q

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

A

Seventh

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4
Q

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

A

civil

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5
Q

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

A

criminal

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6
Q
  1. Jury Selection and Service Act of 1968
  2. Taylor v. Louisiana (1975)

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

A

cross-section

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7
Q

Juries-

Main issue: _________

A

REPRESENTATIVENESS

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8
Q

-Representativeness-

Why is it important?

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

- outcome

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9
Q

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 _________
A
  • Equal Protection

- forbidden

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10
Q

_________ : Gathered from voter registration lists

A

Jury pool

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11
Q

_________ : Once pool is drawn…

A

“venire”

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12
Q

“venire”: Once pool is drawn…

Individuals answer questions to assess qualifications and ability to _________

A

serve

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13
Q

“venire”: Once pool is drawn…

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

A

Exclusions

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14
Q

“venire”: Once pool is drawn…

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

A

blind

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15
Q

1979: _________ were automatically excluded from jury pool

A

women

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16
Q

_________ : “To speak the truth”

A

Voir Dire

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17
Q

Voir Dire: “To speak the truth”

Purpose is to eliminate _________ jurors

A

bias

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18
Q

Voir Dire: “To speak the truth”

Potential jurors are questioned by _________

A

attorney/judge

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19
Q

Voir Dire: “To speak the truth”

No set _________ regarding how questions are posed

A

guidelines

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20
Q

_________ : Yes/No questions asked to the entire group

A

Limited Voir Dire

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21
Q

Limited voir dire:

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

A

beliefs

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22
Q

Limited voir dire:

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

A

unbiased

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23
Q

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

A

Impossible

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24
Q

_________ :

Both judges and attorneys ask questions

A

Extended voir dire

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25
Q

Extended voir dire:

Both judges and attorneys ask questions-

  • Open and closed _________
  • Jurors questioned _________ about many topics
A
  • questions

- individually

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26
Q

Extended voir dire:

  • Encourage jurors to talk about their _________
  • Can reveal _________ that would have otherwise not come up
A
  • experiences

- biases

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27
Q

_________ :

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

Typical voir dire

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28
Q

Typical voir dire lasts around ___ hours.

A

5

29
Q

Typical voir dire:

Judges encourage written questionnaires if _________ topics are discussed (prior victimization)

A

sensitive

30
Q

Voir Dire: Challenges

Only way attorneys can “strike” someone from the jury

A

Challenges

31
Q

Voir Dire: Challenges
Attorneys have at their disposal

_________ : bias, prejudice or ties to parties in the case
Doesn’t happen very often

A

Challenges for cause

32
Q

Voir Dire: Challenges
Attorneys have at their disposal

Challenges for cause: bias, prejudice or ties to _________ in the case
Doesn’t happen very often

A

parties

33
Q

Voir Dire: Challenges
Attorneys have at their disposal

_________ : exclusion of potential juror “without a reason stated” and without approval from the judge

A

Peremptory challenges

34
Q

Voir Dire: Challenges
Attorneys have at their disposal

Peremptory challenges: exclusion of potential juror “_________ ” and without approval from the _________

A
  • without a reason stated

- judge

35
Q

Voir Dire: Challenges

Peremptory challenges:

Used to strike “_________ ”

A

unsympathetic jurors

36
Q

Voir Dire: Challenges

Peremptory challenges:

Number allowed depends on case, _________, charge, etc.

A

jurisdiction

37
Q

Voir Dire: Challenges

Peremptory challenges:

Number allowed depends on case, jurisdiction, charge, etc.

-Civil case: ___; Capital murder: ___ – Michigan
___ – Federal (when facing death penalty)

A
  • 3
  • 12
  • 20
38
Q

Voir Dire: Challenges

Peremptory challenges:

Controversial: “_________ the jury”

A

Stacking

39
Q

Voir Dire: Challenges

Peremptory challenges:

Controversial: “ Stacking the jury”

Allows attorney to _________ information about the case

A

plant

40
Q

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

A

final

41
Q

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

A

strike

42
Q

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

A

Implicit Personality Theory

43
Q

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

A

behavior

44
Q

_________ -

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

A

Similarity-leniency hypothesis

45
Q

Black sheep effect

-Sanction people of their group because they _________ the entire group

A

embarrass

46
Q

Cases dealing with sexual assault, DV, and sexual harassment

-Women _________ more than men

A

convict

47
Q

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

A

verdict

48
Q

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

A

social

49
Q

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
A
  • active

- influential

50
Q

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
A
  • jury room

- deliberations

51
Q

SES: Rich convict _________

A

more

52
Q

Blacks convict _________ , except when they are wealthy.

A

less

53
Q

Jury-

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

A

personality

54
Q

Internal/external locus of control (_________)

Internal: skill, effort
-Events result in large part due to their own behavior and actions

A

Rotter

55
Q

Internal/external locus of control (Rotter)

_________ : skill, effort
-Events result in large part due to their own behavior and actions

A

Internal

56
Q

Internal/external locus of control (Rotter)

Internal: skill, _________
-Events result in large part due to their own _________ and actions

A
  • effort

- behavior

57
Q

Internal/external locus of control (Rotter)

_________ : luck, fate, actions of others
-Events result in large part due to chance

A

External

58
Q

Internal/external locus of control (Rotter)

External: luck, fate, actions of _________
-Events result in large part due to _________

A
  • others

- chance

59
Q

Criminal cases: Defendant prefers _________ locus view

A

external

60
Q

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”
A
  • explanation

- deserve

61
Q

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”
A
  • good

- provoked

62
Q

_________ -

  • 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”
A

Belief in a just world

63
Q

Prior experience on a jury

  • More likely to _________
  • More likely to offer _________ punishment
A
  • convict

- severe

64
Q

Johnson & Haney (1994)

Compared juries picked by lawyers, law students and college students
-No difference in striking _________ jurors.

A

biased

65
Q

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

A
  • order

- credibility

66
Q

Ethical Considerations in Jury Selection

Goal is to select representative sample of _________

A

community

67
Q

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
A
  • biased

- Riggers

68
Q

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
A
  • favorable

- afford