Deck 12: Deliberation of the Jury and the Verdict

Question 1

The judge has the responsibility of instructing the jury in a language that is:

A) requested by the defendant.
B) required by statute.
C) understood by a majority of the jurors.
D) clear and understandable.

Answer 1

clear and understandable.

Question 2

The following persons may be present in the jury room during deliberations.

A) The judge and jurors only
B) The jurors and the attorneys
C) The jurors only
D) The marshal and the jurors

Answer 2

The jurors only

Question 3

How long the jury may deliberate on a case before reaching a verdict depends on:

A) how convincing the evidence may have been.
B) how much the jurors believed the defendant.
C) how much time the judge gives them.
D) how good the attorneys were.

Answer 3

how convincing the evidence may have been.

Question 4

Which of the statements below is correct regarding comments by the judge on the evidence?

A) States differ in permitting a judge to comment on the evidence.
B) All states allow the judge to comment on the strength of the evidence.
C) No state allows the judge to comment on the strength of the evidence.
D) Any comment by the judge must be made before the evidence is entered into the trial.

Question 5

The duties of the foreperson include:

A) providing instructions on the appropriate law that applies to the case.
B) advising the officer in charge that the jury has a question.
C) reporting to the judge regarding the present status of all votes taken.
D) All of the above

Question 6

Which of the following materials may not be taken into a jury room during deliberations?

A) Depositions of witnesses
B) Notes taken by the jurors
C) Generally all physical items of evidence
D) All of the above may be taken into the jury room, in some states.

Question 7

The purpose of the Allen charge is to:

A) prevent the jury from arriving at their decision too hastily.
B) instruct the jury on the law involved in the case.
C) encourage the jury to reach a verdict.
D) discipline the jury.

Question 8

In a case where the defendant is tried for a minor crime by a jury composed of only six jurors, how many jurors are required to reach a verdict?

A) Four
B) Five
C) Six
D) It depends on state statutes.

Question 9

In Williams v. Florida, the U.S. Supreme Court held that a state statute requiring the defense to give notice of an alibi was:

A) unconstitutional.
B) a violation of due process.
C) constitutional.
D) unfair to the defendant.

Question 10

The jury has deliberated for four days and sends a message to the trial judge that they cannot reach a verdict. The trial judge may:

A) direct the jury to continue to deliberate.
B) call the jury into open court and give the Allen charge.
C) dismiss the jury and declare a hung jury.
D) All of the above

Question 11

A mistrial may be declared any time that:

A) there is evidence missing.
B) the defendant is missing.
C) it is requested by the prosecution.
D) there is misconduct which would deny the defendant a fair trial.

Question 12

If a mistrial is granted by the judge, it means that the:

A) defendant was absent for part of the trial.
B) trial must be started over again from the beginning with the same jury.
C) trial is started over again from the point of the error.
D) trial must be started over again from the beginning with a new jury.

Question 13

The word verdict literally means:

A) a guilty mind.
B) an innocent mind.
C) a true declaration.
D) None of the above.

Question 14

The jury that cannot agree on a verdict is referred to as a(n):

A) hung jury.
B) tossed jury.
C) endless jury.
D) dead jury.

Question 15

The Supreme Court stated that before a trial judge could declare a mistrial over the objections of the defense, it must be established that there was:

A) a problem with the case.
B) instruction of the jury regarding the claimed error.
C) a manifest necessity for such action.
D) instruction of the defendant regarding the defendant's rights when a mistrial is declared.

Question 16

Once the jury has been ________ and sworn to try the defendant, jeopardy attaches.

A) instructed
B) impaneled
C) seated
D) selected

Question 17

If a new trial is not granted after the verdict is rendered, the next procedure is:

A) the pronouncement of judgment by the judge.
B) the empaneling of a new jury.
C) the release of the defendant.
D) setting a bond.

Question 18

The motion for the arrest of judgment is made on ________ grounds.

A) statutory
B) civil contempt
C) probable cause
D) customary

Question 19

If it is determined that the defendant is insane at the time of ________, it must be postponed until sanity has been restored, since a defendant may not be sentenced while insane.

A) the pronouncement of judgment
B) the empaneling of the jury
C) deliberations
D) declaring a mistrial

Question 20

In most jurisdictions, before the sentence is pronounced, the defendant is entitled to:

A) make a statement in his or her own behalf.
B) request a recount by the jury.
C) poll the jury on their verdict.
D) a special hearing to determine if there are appealable facts.

Question 21

Reasonable doubt is doubt based on:

A) common sense and reason.
B) what is written in the common law.
C) an agreed upon standard which is presented during pre-trial motions.
D) an Allen charge.

Question 22

Instructing the jury and charging the jury are synonymous terms.

Question 23

The purpose of instructing the jury is to summarize the law applicable to the case.

Question 24

Unless requested by the prosecution or defense, the judge has no responsibility to instruct the jury.

Question 25

The judge may not give any instructions except those provided by the attorneys in the case.

Question 26

The defendant is entitled to instructions being given on all pertinent evidence regardless of its importance.

Question 27

During the charge to the jury, the judge will summarize the points of law explained to them during the trial and instruct them on their function as jurors.

Question 28

While deliberating, the jurors will be under the guard of an officer of the court.

Question 29

If the trial ends in a hung jury, it must be retried with the same jury.

Question 30

At the conclusion of evidence, the judge gives the jury a set time to deliberate.

Question 31

The U.S. Supreme Court does not approve of less than unanimous verdicts.

Question 32

During the charge to the jury, the judge will instruct the jury on any additional laws applicable that were not explained as the trial progressed.

Question 33

Prior to beginning the deliberation, the jury will select one of their members to act as the foreperson.

Question 34

On beginning the deliberation, the jury may take with them any and all documents introduced during the trial to include witness depositions.

Question 35

Federal law does not permit jurors to take notes during the trial.

Question 36

A jury has twenty-four hours to deliberate on a case before they come back to the judge.

Question 37

In a few states, the judge may instruct the jury prior to the closing arguments in order that the attorneys involved may include comments on the instructions during their closing arguments.

Question 38

On completion of the closing arguments, the ________ charges (instructs) the jury on the law of the case.

Question 39

During deliberations, only ________ may be present.

Question 40

When the jury comprises only six members, the verdict must be ________.

Question 41

In a bench trial, the ________ decides the verdict.

Question 42

A(n) ________ occurs when, because of an event, the judge concludes that a fair trial is impossible.

Question 43

If the judge believes that the prosecution has failed to establish the guilt of the defendant, the judge should enter a directed verdict of ________.

Question 44

While deliberating, the jurors will be under the guard of a(n) ________.

Question 45

The ________ charge has been called the "dynamite charge,"
since its purpose is to blast the jury into action so that they will arrive at a verdict.

Question 46

All states require that the verdict be ________ in cases in which the maximum penalty may be death but vary somewhat in the number required to arrive at a verdict.

Question 47

If the jury finds the verdict to be not guilty, the defendant is entitled to immediate ________.

Question 48

Explain the Allen charge and when it is used.

Question 49

What is the significance of the Apodaca decision?

Question 50

What are the functions of a jury foreperson?

Question 51

What is the meaning and significance of instructions to the jury?

Question 52

How are the prosecutor and defense attorneys involved in the jury instruction process?

Question 53

Why would the jury take documents into the jury room during deliberations?

Question 54

Explain the issues that may come from a judge weighing too heavily on the jury to come to a verdict.