Deck 8: Juries and Judges As Decision Makers

Question 1

The dynamite charge that has been used to resolve deadlocks in jury deliberations has been controversial because it focuses on:

A) pressuring the majority jurors to take more control of the deliberations.
B) extolling both sides of jurors to consider the importance of a unanimous verdict.
C) emphasizing that the dissenting minority has the responsibility to alter their views.
D) providing incentives for the jury foreperson to bring about a unanimous resolution.

Answer 1

emphasizing that the dissenting minority has the responsibility to alter their views.

Question 2

Which statement about research evidence on complex testimony is FALSE?

A) To be persuasive, expert testimony cannot be repetitive.
B) The more complex the testimony, the more important are the expert's credentials.
C) In low-complexity testimony, female experts were more persuasive than males.
D) Male experts receive more credibility than females in complex testimony.

Answer 2

To be persuasive, expert testimony cannot be repetitive.

Question 3

Which is NOT one of the factors considered by presiding judges when determining the use of electronic devices in their courts?

A) Whether there will be infringement on someone's privacy.
B) The degree to which it might interfere with court electronics.
C) If and how it might interfere with a witness's testimony.
D) Whether the person has filed a valid media request.

Answer 3

Whether the person has filed a valid media request.

Question 4

Which statement about jurors taking notes in trial is FALSE?

A) The Canadian courts have long favored jurors taking notes if judges decide case by case.
B) It has been argued that jurors may be distracted by others taking notes during a trial.
C) Jurors taking notes may exert control over deliberations, making errors seem accurate.
D) The Law Reform Commission of Canada is in favor of jurors being allowed to take notes.

Question 5

Which is most strongly correlated with jury verdicts?

A) the severity of the charges
B) pretrial publicity
C) evidence strength
D) trial complexity

Question 6

Which statement about jurors questioning witnesses is TRUE?

A) If allowed, lawyers would be able to determine whether questions are acceptable.
B) The Law Reform Commission recommended jurors not be allowed to question witnesses.
C) No specific law in Canada prohibits jurors from questioning witnesses.
D) Canadian courts have studied this issue extensively but no formal model for use is available.

Question 7

Which phrase BEST describes the dynamite charge used to move deadlocked jurors toward a resolution?

A) The charge is unlikely to be deemed useful in Canada or adopted by the courts soon.
B) It is likely to be struck down and eliminated in the United States as unconstitutional.
C) It has not been effective in reducing deadlocks because votes seem to change on both sides.
D) Jurors react negatively to judge's pressure and seem less likely to change their minds.

Question 8

Which statement about one of the earliest studies of group dynamics in juries in the United States is FALSE?

A) It was called the University of Chicago Jury Project.
B) Five civil jury deliberations were secretly recorded without anyone knowing.
C) The tape recordings were so controversial, they were never analyzed.
D) A law was passed banning the observation or recording of jury deliberations.

Question 9

Mazella and Feingold conducted a meta-analysis on studies of defendant traits. Which statement about their findings on gender and attractiveness is FALSE?

A) A more attractive defendant receives less punishment for rape.
B) More attractive defendants are treated more harshly for robbery.
C) Defendants are judged more harshly if the victim was a female.
D) Females are judged less harshly than men for the crime of theft.

Question 10

Mazella and Feinberg conducted a meta-analysis on studies of defendant traits. Which statement about their findings on the effect of race is FALSE?

A) Race was consistently a factor influencing juror perceptions of guilt.
B) People tend to treat members of their own race more leniently.
C) Whites were judged less harshly than blacks in negligent homicide cases.
D) Blacks were judged less harshly than whites in embezzlement and fraud cases.

Question 11

Which is NOT one of the findings included in the text's discussion of other research on defendant traits?

A) Jurors seem to take into effect how much the defendant has already suffered for a crime.
B) In civil trials, corporations that appear remorseful are assessed less damages by jurors.
C) In civil trials, jurors tend to award more damages against a corporation than an individual.
D) Jurors seem to weigh the moral character of the defendant relative to that of the victim.

Question 12

When one side or another in a trial raises an objection the judge has the choice to either _____ or _____ the objection.

A) uphold; disregard
B) impeach; admit
C) curtail; support
D) sustain; overrule

Question 13

In some cases jurors may resent a judge telling them not to consider something and they may feel that they should be able to decide for themselves what to consider. The explanation for those feelings is referred to as _____theory.

A) rebellion
B) reactance
C) reprisal
D) rejection

Question 14

According to the text, jurors may make decisions using one of two models: the ____ model or the _____ model.

A) imagery; calculated
B) statistical; substantive
C) story; mathematical
D) intuitive; restorative

Question 15

The author notes that approximately _____ percent of deliberation is devoted to evidence, whereas about _____ percent is dedicated to the law and judges' instructions.

A) 80-85; 10
B) 70-75; 20
C) 60-65; 30
D) 40-50; 40

Question 16

Which statement about the use of electronics in Canadian courts is FALSE?

A) Guidelines for the use of electronics were prepared by the Canadian Centre for Court Technology.
B) Even if allowed in the courtroom, devices must be set to vibrate or pulse.
C) Personal computers are not covered in the Guidelines at this time.
D) Permission to use electronics will vary from trial to trial depending on the judge.

Question 17

The degree to which a variable measures what it is supposed to measure in isolating a cause and effect relationship is known as:

A) outcome stability.
B) external validity.
C) context reliability.
D) internal validity.

Question 18

The fact that when a judge tells the jury to disregard something, it may cause them to dwell on it more than if it had not been noted is often referred to as a(n):

A) judicial backlash.
B) boomerang effect.
C) ironic process.
D) consequential emphasis.

Question 19

According to the text, which statement about the role of strong jurors is FALSE?

A) In a 12-person jury, a preliminary 8 or 9 votes for conviction is a toss-up as to the outcome.
B) In Kalven & Zeisel's study 67 percent of the outcomes were those voted by the initial majority.
C) The foreperson's vote is more strongly predictive of outcome than that of the other jurors.
D) Forepersons are selected within the first five minutes of deliberations in 80 percent of trials.

Question 20

If a defendant is badly injured in the course of committing a crime, it is _____ likely that he or she will receive a sentence that is more _____.

A) less; harsh
B) more; lenient
C) more; harsh
D) less; lenient

Question 21

Which is NOT a stage in the traditional deliberation process?

A) open conflict
B) remediation
C) reconciliation
D) orientation

Question 22

The three stages of a typical jury deliberation are referred to by the authors as:

A) preliminary vote, contentious debate, decisive stand.
B) definition, power positioning, resolution.
C) instruction, argumentative, decision making.
D) orientation, open conflict, and reconciliation.

Question 23

Which factor is NOT one of the findings of Saks's research on smaller versus larger juries?

A) Larger juries take less time to deliberate.
B) Larger juries recall evidence more accurately.
C) Smaller juries disagree more on their ratings of jury performance.
D) Smaller juries generate fewer arguments.

Question 24

The research evidence used by the U. S. Supreme Court in _____ to support the departure from 12-person juries appears to be weak as well as misconstrued.

A) Sechrest v. Williams
B) U.S. v. Sechrest
C) Williams v. Florida
D) Sechrest v. Florida

Question 25

Information that is specifically introduced at trial to damage the credibility of a witness is called _____ evidence.

A) exculpatory
B) complex
C) impeachment
D) reoriented

Question 26

According to the text, researchers found that judges accepted the recommendation of a parole officer _____ percent of the time.

A) 84
B) 76
C) 67
D) 58

Question 27

Today, women represent about _____ percent of all federally appointed judges in Canada and minorities represent about _____ percent.

A) 50; 21
B) 41; 16
C) 28; 12
D) 33; 2

Question 28

Which statement about research on jury deliberations is TRUE?

A) Group deliberations seem to improve jurors' understanding of the law.
B) One Arizona study found socioeconomic bias upset the equality balance of the jury.
C) The three most vocal jury members consume 50 percent of the deliberation time.
D) Juries seem to focus on time-consuming trivial details.

Question 29

The outcome of an experiment in the United States allowing juries to discuss issues in the case while the trial was ongoing can BEST be expressed as:

A) Better recall was achieved by the group that did not discuss issues during the trial.
B) Jurors violated the rules but the effects did not appear to impact the verdicts.
C) Recess discussions seemed to impact the outcome but not the process of later deliberations.
D) The control group who did not discuss during the trial rated their process as more thorough.

Question 30

In the case of a split jury where half favor "guilty" and the other half favor "not guilty" on the initial vote, it is more likely that the final verdict will be _____. This tendency is referred to as _____ bias.

A) guilty; compromise
B) not guilty; leniency
C) guilty; leniency
D) not guilty; compromise

Question 31

The legal background of most judicial appointments to the Ontario Court of Justice is:

A) Federal Prosecutor.
B) Government.
C) Provincial Crown.
D) Private Practice.

Question 32

The authors note that a deliberation style that postpones the vote until all the evidence is gone over in detail seems to produce richer, more probing discussions. This style is often called:

A) a mathematical model.
B) debate-oriented.
C) evidence-driven.
D) science-based.

Question 33

Kalven & Zeisels classic study suggests that judges and juries agree on verdicts in about ___ percent of civil and criminal cases.

A) 84
B) 75
C) 68
D) 55

Question 34

Which statement about the research on juror and judge agreement is FALSE?

A) When there was disagreement between judges and juries, judges were more likely to convict.
B) Rates of disagreement were higher in cases rated as close, rather than complex or difficult.
C) While judges understand law better, there is no indication that they comprehend expert or technical testimony better.
D) Jurors who had previous jury experience were no more likely to convict than first-time jurors.

Question 35

Which statement about the instructions juries receive from judges is FALSE?

A) Instructions cover possible verdicts and the level of proof the jury should apply.
B) Judges most often clarify instructions to avoid confusion that may lead to appeals.
C) Research has consistently found that jurors do not understand their instructions.
D) Jurors are not provided with instructions until the trial is over.