Question 1

What is the name of the process that occurred during the Middle Ages in which a defendant would perform some dangerous task to prove his or her innocence?

Accepted Answer

Trial by ordeal was a judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, experience. The underlying belief was that divine intervention would ensure the innocent would survive or complete the ordeal unharmed, while the guilty would be injured or fail.

Question 2

Which document, signed in 13th-century England, was supposed to have granted a right to trial by a judgment of his peers?

Accepted Answer

The Magna Carta, signed in 1215, included clauses that were understood to guarantee the right to a fair trial, including trial by one's peers, for the free men of England.

Question 3

What ruling came from the suit filed by Edward Bushell, filed in England in 1670?

Accepted Answer

The ruling from the suit filed by Edward Bushell in 1670 established that juries must not be coerced. This case was significant in affirming the independence of the jury system, ensuring that jurors could make decisions free from external pressures, including those from the trial judge.

Question 4

The verdict in the trial of John Peter Zenger is an example of ______.

Accepted Answer

The verdict in the trial of John Peter Zenger is an example of jury nullification, where the jury acquitted Zenger despite clear evidence against him, based on their disagreement with the law he was accused of breaking (seditious libel).

Question 5

What type of discretion does the jury have in interpreting evidence and establishing the facts of a case?

Accepted Answer

Juries have virtually unlimited discretion in interpreting evidence and establishing the facts of a case. They are tasked with weighing the credibility of evidence and testimony, and their decisions on these matters are generally not subject to review.

Question 6

Which of the following are jurors not typically told at the close of the trial, before deliberations?

Accepted Answer

Jurors are instructed to focus on the facts presented during the trial and apply those facts to the law as instructed by the judge. They are told to disregard any evidence or testimony that has been ruled inadmissible. However, they are not typically instructed to consider the impact of the crime on the victim during their deliberations, as their focus should be on determining the guilt or innocence of the defendant based on the evidence and the law.

Question 7

In which case did the Supreme Court hold that the right to trial by jury for serious offenses was a fundamental right and applicable to the states?

Accepted Answer

Duncan v. Louisiana, 391 U.S. 145 (1968), is the Supreme Court case that held the right to a jury trial in serious offenses is a fundamental right and applicable to the states through the Fourteenth Amendment's Due Process Clause.

Question 8

Defendants are entitled to a trial by a jury for all ______.

Accepted Answer

Defendants are entitled to a jury trial in cases where the potential imprisonment is more than 6 months, as per the Sixth Amendment and Supreme Court rulings.

Question 9

When a jury is unable to reach a unanimous verdict, ______.

Accepted Answer

When a jury cannot reach a unanimous verdict, it results in a hung jury, leading the judge to declare a mistrial. This means the trial is invalid due to a procedural error or deadlock without a verdict, allowing for a retrial of the case.

Question 10

In Ballew v. Georgia (1978), the Court unanimously held the minimum number of jurors must be ______.

Accepted Answer

In Ballew v. Georgia (1978), the Supreme Court held that the minimum number of jurors in a criminal trial must be six, ruling that anything less than that number violates the Sixth Amendment's guarantee of a fair trial.

Question 11

State juries must consist of ______ jurors.

Accepted Answer

The number of jurors in state trials can vary, but the Supreme Court has ruled that a jury size of at least 6 members is constitutionally permissible under the Sixth Amendment for non-petty offenses. This means that while 12 jurors are traditional, especially in felony cases, states have the flexibility to use smaller juries if they choose, as long as the number is not fewer than 6.

Question 12

A jury with fewer than six members is ______.

Accepted Answer

The answer of A jury with fewer than six members...

Question 13

What is required of verdicts in six-person juries?

Accepted Answer

In six-person juries, unanimous verdicts are required for a decision. This ensures that the decision is made collectively, with all jurors in agreement.

Question 14

The jury selection process is designed to achieve two goals: to ensure that a fair cross section of the community is included as potential jurors and to ______.

Accepted Answer

The jury selection process aims to ensure that jurors are unbiased towards the case they are to serve on, in addition to representing a fair cross-section of the community. This helps maintain the integrity and fairness of the judicial process.

Question 15

When first established, jury wheels consisted primarily of ______.

Accepted Answer

Jury wheels, when first established, primarily consisted of voter registration lists to randomly select jurors, ensuring a cross-section of the community.

Question 16

The name for the group of individuals who report for jury duty at a given time is the ______.

Accepted Answer

The term "venire" refers to the group of individuals who report for jury duty at a given time. It is a legal term used to describe those potential jurors summoned to court from which a jury will be selected.

Question 17

In general, how many peremptory challenges are available to attorneys in noncapital cases when choosing a jury?

Accepted Answer

In noncapital cases, attorneys are typically allowed 4-6 peremptory challenges. This number can vary by jurisdiction, but it is generally fewer than in capital cases, where the stakes are higher and more challenges are often allowed.

Question 18

In what manner is a jury's question most commonly posed to a witness?

Accepted Answer

The judge typically acts as the intermediary between the jury and the witness. If jurors have questions, they are usually submitted to the judge, who then asks the witness. This process ensures that the questions are appropriate and relevant to the case.

Question 19

Which of the following is typically not found in a juror's trial notebook?

Accepted Answer

A list of potential defenses is typically prepared by the legal teams (defense or prosecution/plaintiff) rather than being a component of a juror's trial notebook. Jurors' notebooks may include jury instructions, a list of witnesses, and copies of key documents to help them follow the case and make informed decisions.

Question 20

The option of jury nullification is found ______.

Accepted Answer

Jury nullification is the concept where a jury acquits a defendant, even if they believe the defendant is guilty, based on their disagreement with the law or its application. This concept is not explicitly mentioned anywhere in the U.S. Constitution.

Quiz 9: The Jury