Question 1

The jury that acquitted the police officers of assault in the beating of Rodney King was seen as problematic because _______.

Accepted Answer

The jury's lack of Black jurors was seen as problematic because Rodney King was Black, and the absence of Black jurors raised concerns about the jury's ability to fairly understand and consider the racial dynamics at play in the case.

Question 2

Which of the following are supported by the groundbreaking extensive survey by Harry Kalven and Hans Zeisel who compared trial outcomes of judges and juries?

Accepted Answer

The survey by Harry Kalven and Hans Zeisel showed a high level of agreement between judges and juries, particularly in civil suits where judges reported that their verdict would have favored the side favored by the jury in 78% of the cases.

Question 3

Which of the following remedies for the effects of pre-trial publicity is likely the most effective and thus preferred by most social scientists?

Accepted Answer

Change of venue is often considered the most effective remedy for the effects of pre-trial publicity because it moves the trial to a new location where potential jurors are less likely to have been exposed to prejudicial pre-trial publicity, thereby reducing its influence.

Question 4

Name the case in which the Court held that a White defendant could also complain about the exclusion of Blacks because the principle of representativeness was violated by the arbitrary exclusion of any racial group.

Accepted Answer

Powers v. Ohio, 1991, established that a defendant has the right to challenge the exclusion of jurors based on race, regardless of the defendant's own race, because the exclusion violates the principle of jury representativeness.

Question 5

Which of the following is true of a bench trial?

Accepted Answer

In a bench trial, the judge acts as the trier of fact, meaning they decide the verdict instead of a jury.

Question 6

If the judge grants a continuance,

Accepted Answer

A continuance in a legal context means that the trial is postponed to a later date. This can be for various reasons, including giving more time to prepare, waiting for important evidence, or, as mentioned in option B, to lessen the effects of pre-trial publicity that might influence the fairness of the trial. Voir dire is the process of jury selection and is not directly expanded by a continuance. The trial is not suspended based on the defendant's behavior outside of the legal proceedings, so option C is incorrect.

Question 7

Which of the following plans did the judge in Bill Cosby's 2017 sexual assault trial undertake?

Accepted Answer

The judge in Bill Cosby's 2017 sexual assault trial decided to import jurors from a nearby jurisdiction, aiming to reduce the influence of local publicity on the jury's impartiality.

Question 8

In making jury selection decisions, Attorney X is known to use a peremptory strike against any male prospect sporting long hair while Attorney Y uses it to strike against any prospect who is a blue-collar worker. Their means of selection illustrates the _______.

Accepted Answer

Attorneys X and Y are using their personal biases or stereotypes about certain groups (men with long hair and blue-collar workers, respectively) to make decisions about jury selection. This is an example of implicit personality theory, which involves making assumptions about people based on a limited set of traits or appearances.

Question 9

The composition of the jury is more important to jury verdicts than evidence.

Accepted Answer

Jury verdicts are primarily based on the evidence presented during the trial. While the composition of the jury can influence perceptions and interpretations, it is the evidence that forms the basis of legal decisions and verdicts.

Question 10

In a jury trial, like the litigant himself, most of the jurors lean toward Liberal politics and are mostly of mixed race. Thus, the jury may be assumed to be predisposed to favor the litigant, a belief known as the ______.

Accepted Answer

The similarity-leniency hypothesis suggests that people are more lenient towards those who are similar to them in some way, such as sharing political views or racial background. In this scenario, the jurors' predisposition to favor the litigant due to shared characteristics aligns with this hypothesis.

Question 11

Which of the following can cause a clash between the First Amendment and the Sixth Amendment?

Accepted Answer

The clash between the First Amendment (freedom of the press) and the Sixth Amendment (right to a fair trial) often arises when the media publishes information that could prejudice potential jurors against a defendant, threatening the defendant's right to an impartial jury.

Question 12

Beliefs borne of experiences and attitudes that predispose us to think in a certain way and of which we are unaware are termed ______.

Accepted Answer

Implicit biases are unconscious attitudes or stereotypes that affect our understanding, actions, and decisions.

Question 13

Judge Ferdinand is known to have an authoritarian personality; he would thus tend to ______.

Accepted Answer

Authoritarian personalities tend to respect and submit to authority figures, showing deference and a willingness to follow rather than challenge power.

Question 14

Wilkerson's defense attorney believes that the prosecution's peremptory challenge is motivated by racial factors. The attorney may initiate a so-called ______ challenge, so that the judge may then ask the ______ for an explanation.

Accepted Answer

A Batson challenge is used when a party believes that the other side has used peremptory challenges to exclude jurors based on race, ethnicity, or sex. The judge would then ask the prosecutor (or the party who exercised the peremptory challenge) for a non-discriminatory explanation.

Question 15

In a trial, each side may also exclude a designated number of prospective jurors "without a reason stated, without inquiry, and without being subject to the court's control" ( Swain v. Alabama , 1965). This procedure is known as _______.

Accepted Answer

A peremptory challenge allows each side in a trial to exclude a certain number of prospective jurors without needing to state a reason. This is a common practice in the jury selection process.

Question 16

When researchers Rose, Ellison, and Diamond asked approximately 1,500 Texas residents whether they would favor a bench trial or a jury trial, African Americans and Hispanics showed _______.

Accepted Answer

The answer of When researchers Rose, Ellison, and Diamond asked...

Question 17

In the case of J. E. B. v. Alabama ex rel. T. B. , the plaintiff used peremptory challenges to systematically exclude from the jury ______.

Accepted Answer

The answer of In the case of J. E. B....

Question 18

Which of the following is the most common method used by the courts to control for pre-trial publicity?

Accepted Answer

Expanded voir dire is the most common method used by courts to control for pre-trial publicity. It involves a more thorough jury selection process to ensure jurors have not been unduly influenced by media coverage.

Question 19

The most extreme remedy for pre-trial publicity effects is

Accepted Answer

A change of venue is considered the most extreme remedy for mitigating the effects of pre-trial publicity, as it involves moving the trial to a different location to find a more impartial jury.

Question 20

What term covers situations in which, in the judge's view, the jury's verdict was detrimentally affected by factors beyond the evidence and the law?

Accepted Answer

Jury sentiments refer to situations where a jury's decision is influenced by emotions, prejudices, or other factors beyond the evidence and the law, which can lead to a verdict that does not strictly adhere to the legal standards or evidence presented in court.

Quiz 12: Preparing for Trials