Deck 13: Jurors and Juries

Question 1

In 1999, the California Supreme Court in People v. Falsetta ruled on the issue of propensity evidence. They

A)ruled that propensity evidence should not be allowed under any circumstances.
B)ruled that propensity evidence may be introduced during the trial but may not be part of opening statements.
C)upheld the right of prosecutors to present evidence about the defendant committing other crimes.
D)upheld the right of prosecutors to present evidence about a defendant's history of committing sex crimes to jurors hearing sex offense cases.

Answer 1

upheld the right of prosecutors to present evidence about a defendant's history of committing sex crimes to jurors hearing sex offense cases.

Question 2

What does the dual-process model of information propose?

A)People rationally or deliberately evaluate the content of information.
B)People react to information quickly and without careful analysis.
C)Cognitive and experiential self-theory is relevant to decisions that jurors make.
D)When exposed to high stress situations, people cannot process all the available information.

Answer 2

Cognitive and experiential self-theory is relevant to decisions that jurors make.

Question 3

_____________ is the mental structure that aids in the processing and interpretation of information.

A)Schema
B)Information social influence
C)Liberation hypothesis
D)Thought suppression

Answer 3

Schema

Question 4

Maurice has recently died from lung cancer. He smoked for 37 years, and after his death, his family sued the cigarette manufacturer for elevating the nicotine level in their cigarettes. The jurors in this case need to determine the parties' respective responsibility for the harm that Maurice suffered. What kind of decision is this?

A)Liability
B)Guilt
C)Damages
D)Verdict

Question 5

Jury trials have been reintroduced into the legal system of_______.

A)Russia and Spain
B)South Korea and Japan
C)Ghana and Malawi
D)All of these are correct.

Question 6

The liberation hypothesis suggests that, when faced with ambiguous evidence, jurors will ________.

A)decide in favor of the plaintiff in civil trials
B)decide in favor of the defendant in criminal trials
C)rely on their biases and assumptions to decide a case
D)decide in favor of defendants in both civil and criminal trials

Question 7

The right to trial by jury for criminal cases is provided by state constitutions and which amendment to the U.S. Constitution?

A)Second
B)Fourth
C)Sixth
D)Seventh

Question 8

Jurors should decide liability on the basis of defendant's ________.

A)intent
B)conduct
C)guilt
D)neglect

Question 9

When determining verdicts in civil trials, jurors place considerable weight on ________________.

A)a plaintiff's appearance
B)pretrial publicity
C)the severity of the plaintiff's injury
D)the plaintiff's background

Question 10

What must juries decide in civil cases?

A)Liability
B)Damages
C)Intent
D)Both A and B

Question 11

Byron is on trial for robbing a bank. The judge issues a limiting instruction so that information regarding the defendant's prior record can be used to gauge the defendant's credibility. Byron takes the stand during the trial and the prosecutor asks him about a previous conviction for a robbery committed 15 years ago. How might the jurors react to this information?

A)The limiting instruction is likely to be effective.
B)Byron is likely to be acquitted.
C)Byron is likely to be convicted.
D)It is likely to divide the jurors with females more likely to listen to the limiting instruction.

Question 12

What is the implicit power to acquit defendants despite evidence and judicial instructions?

A)Jury nullification
B)Limiting instruction
C)Evidence-driven deliberation
D)Reactance theory

Question 13

Why does evidence of a prior conviction increase the likelihood of conviction on a subsequent charge?

A)It shows a pattern of criminality.
B)Once jurors know of the prior conviction, they may need less evidence to be convinced of the defendant's guilt.
C)Knowledge of a prior record may lead jurors to think that because the defendant already has a record, an erroneous conviction would not be serious-this could lead jurors to need less evidence to be convinced of a defendant's guilt.
D)All of these are correct.

Question 14

Evidence of a defendant's prior conviction

A)is never allowed at trial.
B)is usually introduced by the prosecution.
C)increases the likelihood of an acquittal on a subsequent charge.
D)increases the likelihood of a conviction on a subsequent charge.

Question 15

__________________is typically inadmissible in court because of its potential for prejudice.

A)Propensity evidence
B)Prior record evidence
C)Character evidence
D)None of these are correct.

Question 16

What is the most important determinant of jurors' verdicts in criminal trials?

A)Defendant's appearance
B)Pretrial publicity
C)Evidentiary strength
D)Defendant's demeanor

Question 17

Professor Sommers interpreted a social-psychological concept of __________, which proposes that most White jurors are motivated to avoid showing racial bias and tend to render color-blind decisions.

A)liberation hypothesis
B)limiting instruction
C)guilt
D)aversive racism

Question 18

Which of the following would be considered extralegal information?

A)A defendant's background
B)A defendant's appearance
C)Pretrial publicity
D)All of these are correct.

Question 19

According to Kalven and Zeisel's (1966)liberation hypothesis, jurors are most likely to consider extralegal evidence when the prosecution's evidence is

A)strong.
B)weak.
C)unusual.
D)unexpected.

Question 20

Character evidence can be _____________.

A)glowing
B)damning
C)admissible
D)Both A and B

Question 21

How are jurors' decisions generally affected by expert testimony when the testimony is not overly technical and fairly understood?

A)Expert testimony exerts a small effect on jurors' decisions.
B)Expert testimony exerts a moderate effect on jurors' decisions.
C)Expert testimony exerts a large effect on jurors' decisions.
D)None of these are correct.

Question 22

What is the evidence that is presented in court but is unrelated to the substance of the case called?

A)Inadmissible evidence
B)Propensity evidence
C)Exculpatory evidence
D)None of these are correct.

Question 23

According to Langton and Cohen (2008), only ________ of winning plaintiffs received more than $1 million in damages.

A)6%
B)4%
C)8%
D)2%

Question 24

Trying "not to think of a white bear" increases the tendency to do the opposite, because the harder people try to control a thought, the lesser successful they are. This is described in Wegner's______.

A)thematic framework studies
B)reactance studies
C)belief perseverance studies
D)thought suppression studies

Question 25

Juror decisions regarding liability should not be based on ______.

A)pain and suffering of victim
B)defendant's malicious and evil conduct
C)defendant's reckless actions
D)All of these are correct.

Question 26

The severity of an injury or accident is legally relevant to which decision in a civil case?

A)Liability
B)Guilt
C)Damages
D)All of these are correct.

Question 27

Researchers investigating the effects of expert testimony on jurors' decisions have generally found that _________.

A)jurors evaluated the testimony of the experts based on the expert's qualifications, the quality of the expert's reasoning, and the expert's impartiality
B)an expert's personality significantly affects decisions
C)an expert's appearance significantly affects decisions
D)the most important part of the expert's presentation is information regarding the expert's qualifications

Question 28

The psychological concept, reactance, may be used to explain _______.

A)the difference in jury size from 12 to 6
B)different reactions to the M'Naghten rule and the Brawner rule
C)the effect of timing of the opening statement
D)jurors' use of inadmissible evidence, after the judge has admonished them to disregard the information

Question 29

The defendant's conduct (i.e., were his or her actions reckless?)is legally relevant to which decision in a civil case?

A)Damages
B)Guilt
C)Liability
D)All of these are correct.

Question 30

Your knowledge of "anchor points" helps you advise your friend on how much to ask for in damages. What do you tell your friend?

A)Ask only for punitive damages.
B)Ask for less money as the reasonableness of your request will tend to cause the jurors to increase their award.
C)Do not request damages at all as you're likely to get a liability award that is bigger than if you had requested damages.
D)Ask for more money, as those who ask for more tend to receive more when the request is based on qualitative evidence.

Question 31

Robbennolt (2000)found that people attribute greater responsibility to a wrongdoer when

A)the outcome is minor.
B)the outcome is severe.
C)there is more than one victim.
D)there are multiple minor outcomes.

Question 32

There is ample evidence that jurors in deliberation discuss insurance coverage when considering how much to award damages. Which of the following is a reasonable statement regarding these discussions?

A)Jurors should have this discussion as an award is required to be reduced by the amount already covered by the plaintiff's insurance.
B)Jurors should have this discussion because it is reasonable, although not required, for them to reduce the award amount because of insurance coverage.
C)Jurors should not have this discussion as the amount of insurance coverage is not relevant to the question of the amount of damages to award.
D)Jurors should not have this discussion as the true amount of insurance coverage is not usually available to jurors.

Question 33

According to the Arizona study, discussion about instructions constituted ________ of the comments made during deliberations by the jurors.

A)20%
B)15%
C)17%
D)10%

Question 34

What is mentioned in the principle of psycholinguistics?

A)Minimized use of abstract terms
B)Decreased use of the passive voice
C)Elimination of negatively modified sentences
D)All of these are correct.

Question 35

Which state was the first to finalize "plain-English" instructions for both civil and criminal trials?

A)New Jersey
B)California
C)Massachusetts
D)Utah

Question 36

Jurors are not supposed to consider the attorneys' fees in their deliberations. What have researchers found with regard to this issue?

A)Jurors do not often discuss the topic of attorneys' fees.
B)Jurors often use their own knowledge and assumptions about attorneys' fees.
C)Attorneys' fees do not seem to have a direct impact on verdicts.
D)Both B and C

Question 37

According to Professors Diamond and Vidmar (2001), which of the following factors have some juries inappropriately considered in their decisions about damages?

A)Attorney's fees
B)Whether the loss is covered by insurance
C)Data from simulation studies
D)Both attorney's fees and whether the loss is covered by insurance

Question 38

What have researchers found regarding jurors' abilities to understand the judge's instructions?

A)Many jurors are unable to understand the judge's instructions.
B)Jurors generally understand the judge's instructions.
C)Jurors may not understand the judge's instructions initially, but the judge's further explanations of the instructions often help.
D)Jurors often ignore the judge's instructions.

Question 39

Instructing the jury at the beginning of the trial may help a person benefit from the _______________, while instructing the jury at the end of the trial may benefit from the _______________.

A)preponderance effect; the boomerang effect
B)boomerang effect; preponderance effect
C)primacy effect; recency effect
D)recency effect; primacy effect

Question 40

What happens when judges instruct jurors to disregard inadmissible evidence?

A)Forces the jurors to focus less on the evidence
B)May result in jurors focusing even more on this information or evidence
C)Has very little or no effect on the jury
D)Helps influence the case outcome

Question 41

Which of the following is possible with regard to nullification by the jury?

A)The jury has this right but not the power to do so.
B)The jury is explicitly told that they have the right and power to nullify.
C)The jury has neither the nullification right nor the power to disregard the law and evidence and find the defendant not guilty.
D)The jury is not explicitly told that they have this right but they still have the power.

Question 42

Goodman-Delahunty, Greene, and Hsiao (1998)found that jurors in favor of the death penalty versus those opposed were more likely to infer that a presented defendant________.

A)intended to murder the victim
B)displayed actions that suggested premeditation
C)intended to murder again
D)Both A and B

Question 43

According to Pennington and Hastie, which of the following would be most likely to yield guilty verdicts from jurors?

A)Prosecution evidence presented in story order and defense evidence presented in witness order
B)Prosecution evidence presented in witness order and defense evidence presented in story order
C)Prosecution evidence presented in story order and defense evidence presented in story order
D)Prosecution evidence presented in witness order and defense evidence presented in witness order

Question 44

When jurors are exposed during the trial to a new piece of evidence, they tend to distort their evaluation of that evidence in a direction that supports their current verdict choice. What is this tendency called?

A)Evidentiary distortion
B)Current-to-future distortion
C)Verdict predisposition
D)Predecisional distortion

Question 45

Jurors who received pretrial instructions were able to ____.

A)focus more during the trial
B)follow evidence better over the course of trial
C)Neither A nor B
D)Both A and B

Question 46

Which of the following is true of sympathy hypothesis?

A)The general public is sympathetic to civil plaintiffs.
B)The jury is suspicious of civil plaintiffs.
C)The general public is suspicious of corporate defendants.
D)Both B and C

Question 47

What is the practice of jurors posing questions to witnesses useful for?

A)Clarify jurors' understanding of the evidence
B)Enhance jurors' involvement in the trial
C)Create an environment more conducive to learning
D)All of these are correct.

Question 48

The story model refers to ____.

A)how jurors construct a story regarding the case in question
B)the stories jurors provide during voir dire
C)how prior record evidence contributes to a juror's story of the events in dispute
D)a juror's defensive attribution

Question 49

An argument against the use of juries in complex civil litigation cases is that______.

A)the evidence is too difficult for laypeople to understand
B)the voir dire procedures result in less capable jurors
C)the jurors are asked to absorb and retain excessive amounts of information
D)All of these are correct.

Question 50

A person who agrees with the statement, "Any suspect who runs from the police probably committed a crime," would best be described as _______.

A)having an internal locus of control
B)possessing a pro-prosecution bias
C)being low in authoritarianism
D)possessing a pro-defense bias

Question 51

When jurors set aside any preconceptions about the guilt of a criminal defendant or the merits of a civil plaintiff while forming their judgments, it is referred to as _____.

A)jurors' use of bias in their decisions
B)jurors entering trial as blank slates
C)introducing new biases to jurors' decision-making
D)None of these are correct.

Question 52

Jury nullification acknowledges that while the public trusts jurors to resolve the facts and apply the law in a given case, they also expect them to _______

A)use the precedence of the same type of case.
B)represent the conscience of the community.
C)convict the defendant.
D)None of these are correct..

Question 53

Which of the following is true of the U.S. legal system's use of jurors?

A)One in 10 Americans will serve as a juror at some point in their lives.
B)The number of U.S. cases decided by juries has dropped recently.
C)Laypeople serve as jurors in criminal trials, not civil trials.
D)Laypeople serve as jurors in both federal courts, not state courts.

Question 54

When many plaintiffs sue together and claim that they suffered similar injuries as a result of the defendants' action, the case is called _____.

A)a collective case
B)a class action case
C)a plaintiff collective case
D)a group claim

Question 55

ForsterLee and Horowitz (2003)found that mock jurors who received instructions at the beginning of the trial ________________rather than after the trial.

A)reported greater satisfaction with their trial experiences
B)reported less satisfaction with their trial experiences
C)recalled and used more of the evidence
D)recalled and used less of the evidence

Question 56

Drawbacks of jury discussions during trial include ______.

A)facilitating premature judgments about the evidence
B)diminishing the quality of jury deliberations
C)producing more interpersonal conflicts prior to deliberations
D)All of these are correct.

Question 57

The term jury nullification refers to the _________.

A)power that the judge has to override the jury's verdict
B)power that the jury has to render a verdict that is not unanimous
C)power that juries have to render a verdict that is not in line with the law
D)None of these are correct.

Question 58

Jurors posting Twitter messages regarding a trial they are currently empaneled for may constitute a violation of a defendant's _______.

A)First Amendment rights
B)Fifth Amendment rights
C)Sixth Amendment rights
D)Fourth Amendment rights

Question 59

Which is the only right to appear in both the main body of the U.S. Constitution (Article 3)and the Bill of Rights (Sixth Amendment for criminal cases and Seventh Amendment for civil cases)?

A)Right to vote in elections for public officials
B)Right to run for elected office
C)Right to a trial by jury
D)Freedom to express yourself

Question 60

The potential advantages of mid-trial discussions by jurors were found to

A)produce more interpersonal conflicts prior to formal deliberations.
B)promote cohesion among jurors, thereby reducing the time for deliberations.
C)facilitate the formation of premature judgments about the evidence.
D)All of these are correct.

Question 61

Which of the following is true of a verdict-driven deliberation?

A)Jurors take a straw poll very early in their discussion to establish the factions that see things in different ways.
B)Each faction of jurors attempts to amend its stand in order to assimilate with other factions by exploring common ground.
C)Jurors review crucial pieces of evidence in order to reach an agreed-upon consensus about how to interpret that evidence.
D)The processes are time-consuming but are ultimately more satisfying for jurors.

Question 62

The jury system is only used in the United States and Canada. Justice officials decide cases in all other developed countries.

Question 63

What is jury nullification?

A)The implicit power to convict defendants despite evidence and judicial instructions to the contrary
B)The implicit power to acquit defendants despite evidence and judicial instructions to the contrary
C)The implicit power to acquit defendants only when evidence and judicial instructions support such decision
D)The implicit power to convict defendants only when evidence and judicial instructions support such decision

Question 64

The severity of an injury or accident is to be considered when determining liability.

Question 65

Which of the following is true of an evidence-driven deliberation?

A)Jurors take a straw poll very early in their discussion to establish the factions that see things in different ways.
B)Each faction of jurors attempts to defend its stand in order to disprove evidence provided by other factions.
C)Jurors review crucial pieces of evidence in order to reach an agreed-upon consensus about how to interpret that evidence.
D)The processes are extremely time-consuming and thus ultimately lead to frustration among the jurors.

Question 66

Both juries and judges need to give a reason for their verdicts.

Question 67

Which of the following is related to defensive attribution?

A)Jurors may think more about inadmissible evidence as a direct consequence of their attempts to follow the judge's request to suppress thoughts of it.
B)When a smoker contracts lung cancer, jurors blame the cigarette manufacturer for elevating the nicotine level in its product, not the smoker for his or her habits.
C)As active information processors, jurors desire to make a decision based on what they believe is just, not necessarily one based on legally relevant information.
D)As the consequence of one's actions becomes more severe, we are likely to blame a person for it, thus making the incident somehow more controllable.

Question 68

Assume that two jurors hear the same evidence that favors the prosecution. Also assume that, at that point in the trial, Juror A favors the prosecution and Juror B favors the defense. According to the notion of predecisional distortion, _______.

A)Juror B would evaluate this evidence as favoring the prosecution while recognizing loopholes in another piece of evidence
B)Juror A would evaluate this evidence as favoring the defense while recognizing loopholes in another piece of evidence
C)Juror A might evaluate it as favoring neither party, distorting his or her interpretation of the evidence away from its objective value
D)Juror B might evaluate it as favoring neither party, distorting his or her interpretation of the evidence away from its objective value

Question 69

Research suggests that jury deliberations may be able to lessen the impact of inadmissible evidence.

Question 70

In 1994, Congress passed a law making evidence of other sex offenses admissible to show a defendant's propensity to commit the charged sex offense.

Question 71

During the trial of a teenager accused of a break-in, the judge issues instructions to disregard the testimony given by the teenager's current employer, a pizza restaurateur. According to the reactance theory, what affect will the instructions have on the jurors?

A)Jurors' freedom to consider all available information will be expanded.
B)Jurors' reliance on the inadmissible evidence will be heightened.
C)Jurors may act in ways that weakens their sense of decision-making freedom.
D)Jurors will disregard evidence given by other employees of the restaurateur.

Question 72

Generally speaking, jurors will ignore inadmissible evidence when told by the judge to disregard that evidence.

Question 73

Under informational social influence, how is a juror most likely to view a verdict?

A)The juror can state publicly, and believe privately, that the jury has reached the wrong verdict.
B)The juror can state publicly, and believe privately, that she has reached the correct decision.
C)The juror might publicly express agreement with a certain verdict but privately think otherwise.
D)The juror might publicly express disagreement with a certain verdict but privately have no views.

Question 74

Under normative social influence, how is a juror most likely to view a verdict?

A)The juror can state publicly, and believe privately, that the jury has reached the wrong verdict.
B)The juror can state publicly, and believe privately, that she has reached the correct decision.
C)The juror might publicly express agreement with a certain verdict but privately think otherwise.
D)The juror might publicly express disagreement with a certain verdict but privately have no views.

Question 75

Which of the following is a true comparison between judges and juries?

A)Because juries do not give a reason for their verdicts (as judges are required to do), they retain a flexibility that is denied to judges.
B)Because judges do not give a reason for their verdicts (as juries are required to do), they retain a flexibility that is denied to juries.
C)Because neither judges nor juries are required to give a reason for their verdicts, they both retain a high degree of flexibility.
D)Because both judges and juries are required to give a reason for their verdicts, both are equally inflexible.

Question 76

In the Tyler Clementi suicide case, jurors convicted Dharun Ravi on all 15 counts, including _______.

A)invasion of privacy
B)bias intimidation
C)lying to investigators
D)All of these are correct.

Question 77

The Supreme Court recently ruled that any contested fact that increases the penalty for a crime (except for a prior conviction)must be determined by the judge, not the jury.

Question 78

Having just heard the judge's instructions toward the end of the trial, deliberating jurors would have them fresh in their minds and be more likely to use them. This phenomenon demonstrates the ______.

A)story model
B)reactance theory
C)sympathy hypothesis
D)recency effect

Question 79

According to the liberation hypothesis, when ________.

A)the evidence in a case clearly favors one side or the other, juries will decide the case in favor of the side with the stronger evidence
B)the evidence in a case clearly favors one side or the other, juries will give the benefit of doubt to the side with the weaker evidence
C)the evidence is ambiguous, jurors are warned against relying too heavily on their assumptions, sentiments, and biases
D)prosecution and defense cases are evenly balanced, jurors are expected to reevaluate their assumptions and eliminate biases

Question 80

According to the cognitive-experiential self theory, how do jurors make decisions?

A)When people rely on analysis and logical arguments, they are using an experientially based system that is unconscious and effortless.
B)When people rely on emotion, intuition, or stereotypical thinking from past events, they are using a rationally based cognitive system that is active, deliberate, and effortful.
C)The experiential mode is the default mode of processing, and jurors will shift to cognitive processing only if the importance of careful analysis is stressed to them.
D)Jurors will revert from experiential processing to rational thinking when they are emotionally aroused or have to decipher complicated evidence.