Finals (Chapter 9-10/12)

Question 1

What is usually called jury _________ is actually a process of ______.

a) desensitization; appreciation of differences
b) selection; eliminating candidates from the jury pool
c) sensitization; social scientific research
d) stereotyping; explaining the trial procedure

Answer 1

b) selection; eliminating candidates from the jury pool

Question 2

The group of prospective jurors is referred to as ______, and the process of questioning this group to determine who will actually serve on the jury is called _____ _____.

Answer 2

venire

voir dire

Question 3

A challenge for cause __________; whereas a peremptory challenge __________.

a) is based on possible biasing factors; allows lawyers to dismiss a person with no reason given
b) does not need to be explained; is based on the possibility of prejudice
c) is based on possible biasing factors; is not based on the possibility of prejudice
d) requires the judge to agree; does not require the judge’s approval

Answer 3

a) is based on possible biasing factors; allows lawyers to dismiss a person with no reason given

Question 4

A ___________ _______ refers to potential jurors being acknowledged as sharing a particular characteristic setting them apart from other jurors.

Answer 4

cognizable group

Question 5

Mock juries benefit trial lawyers when the actual trial and jury selection takes place because:

a) profiles developed through the mock jury studies guide the choices for the real case.
b) they provide a respite for lawyers and take on some of their duties during the trial
c) mock jurors may be asked to join the actual jury if one of the jurors gets sick
d) mock juries provide little data on actual jury selection but trial lawyers use them anyway.

Answer 5

a) profiles developed through the mock jury studies guide the choices for the real case.

Question 6

The biggest, most important benefit of having a shadow jury in place, according to the text, is that, because the shadow jurors would actually hear the same testimony as the actual jury, they can provide:

a) critical feedback that allows attorneys to adjust strategies
b) details of the trial proceedings
c) details of the trial jury’s deliberation discussions
d) feedback on their relationships with the defendant

Answer 6

a) critical feedback that allows attorneys to adjust strategies

Question 7

______ ___ _______ refers to how people tend to explain what happens to them. People with an internal locus of control tend to see their outcomes in life as due to their own abilities or efforts. People with an external locus of control tend to see their outcomes as due two forces outside them such as luck or other people with more power.

Answer 7

Locus of control

Question 8

The __________-_________ hypothesis predicts that when the characteristics of jurors and of the defendant(s) are similar enough, it might influence the verdict.

Answer 8

similarity-leniency

Question 9

Negative pretrial publicity makes jurors more likely to see the defendant as ______. Typically, judge’s instructions to disregard negative pretrial publicity do not _______ the situation. .

Answer 9

guilty

remedy

Question 10

In criminal cases, the standard of proof for defendants to be found guilty is _______ __ ___________ _______. In civil trials, the defendant is found liable by a _____________ ___ ____ _________.

Answer 10

beyond a reasonable doubt

preponderance of the evidence

Question 11

According to the text, ________ refers to the defendant state of mind at the time the crime was committed.

Answer 11

insanity

Question 12

Insanity is considered a _____ term.

Answer 12

legal

Question 13

__________ is the notion that the punishment for criminal activity should be proportionate to the harm that was committed.

Answer 13

Retribution

Question 14

_________ ___________ is the concept that the punishment of criminals teaches others that crime leads to penalties.

Answer 14

General deterrence

Question 15

The concept that individuals with issues related to impaired cognitive understanding should not be found culpable was used as early as the Roman Empire. Roman law classified those individuals to be ____ ______ ______, or ________ ________ __ _____.

Answer 15

non compos mentis

without mastery of mind

Question 16

__________ ________ refers to the defendants inability to control his or her behavior.

Answer 16

Volitional capacity

Question 17

According to the text, the “_________ __ ___ _______” test is when the impulse is so overwhelming that the criminal would have committed the act even if a police officer stood beside to criminal at the time of the crime.

Answer 17

policeman at the elbow

Question 18

In general, those found not guilty by reason of insanity (NGRI), typically spend more time in secure _______ ________ than they would’ve served in prison had they been found guilty.

Answer 18

mental hospitals

Question 19

Jurors that create a causal chain of events are said to be utilizing the story model of _________-________.

Answer 19

decision-making

Question 20

Jurors that create a causal chain of events are said to be utilizing the _____ model of decision-making.

Answer 20

story

Question 21

The ________ _________ provides that a lack of clear evidence often results in jurors considering other factors such as pretrial publicity and prior beliefs.

Answer 21

liberation hypothesis

Question 22

The liberation hypothesis provides that a lack of clear evidence often results in jurors considering other factors such as ______ ________ and _____ _______.

Answer 22

pretrial publicity

prior beliefs

Question 23

Evidence that might be deemed prejudicial is likely to be considered ____________.

Answer 23

inadmissible

Question 24

When told to not think about something, we often do the exact opposite and cannot get that thought out of our hands. This mental behavior is referred to as ______ __________.

Answer 24

ironic processes

Question 25

__________ ______ posits that people are motivated to maintain a sense of freedom in the face of threats to that freedom. Ex: When jurors are told by the judge to disregard inadmissible evidence, they may give even greater weight to that evidence than they otherwise would have as a subconscious reaction to having their freedom to make a decision threatened by the judge’s admonition.

Answer 25

Reactance theory

Question 26

___________ _________ is meant to damage the credibility of a witness or a party’s reputation or testimony.

Answer 26

Impeachable evidence

Question 27

Impeachable evidence is meant to damage the _________ of a witness or a party’s __________ or _________.

Answer 27

credibility reputation testimony

Question 28

When an expert witness is presenting testimony that is very _______, the strength of the expert’s __________ is especially important.

Answer 28

credentials | complex

Question 29

With leniency bias, it is much more likely that the final verdict will be?

Answer 29

not guilty

Question 30

_________ _____ occurs in evenly split juries, where roughly half of the jurors favor “guilty” on the initial vote and the other half favor “not guilty.”

Answer 30

Leniency bias

Question 31

_________ _________ is the process in which a jurors change their votes (but not necessarily their private views) in response to group pressure.

Answer 31

Normative influence

Question 32

Jury nullification is allowed when?

Answer 32

the jury must reach a different conclusion than the law prescribes.

Question 33

Jury nullification is rare and occurs mainly in the interest of protecting ________ _______ or protecting the ______ ___________ of the community.

Answer 33

public policy | moral conscience