CP&E Ch 13

Wanderson Oliveira has just been formally charged with murder. While he is upset about the charges, he is optimistic that the trial will result in an acquittal. Wanderson is, however, concerned about a long trial and about his name and persona being dragged before the public in the media. He asks his attorney how long, on average, murder cases take, from beginning to end. Which of the following is MOST LIKELY his attorney's answer?

500 days

Which of the following is a key distinction between criminal and civil trials?

In criminal trials, the prosecutor must present proof beyond a reasonable doubt, whereas in civil trials it is a preponderance of evidence that must be demonstrated.

What has the U.S. Supreme Court said about the size of juries?

It has informally set the requirement anywhere between 6 and 12 members.

Judge Ramirez is sitting for a trial in which he will decide on issues of law and also whether the defendant should be found guilty. Which of the following is TRUE of this trial?

It is a bench trial.

Ursula has been chosen to serve on a jury that it sitting for a trial of a man charged with vehicular homicide. She is one of twelve members of this jury, and the judge has instructed them that the trial could last several days. Which of the following is NOT true of the jury of which Ursula is a juror?

It is a grand jury.

Prosecutor Sherry is worried because the only evidence, other than eyewitness testimony, that she has is evidence that only indirectly proves the criminal act and intent. Which of the following BEST describes this evidence?

It is circumstantial evidence.

Which of the following is NOT one of the three advantages of a speedy trial that the Supreme Court identified in their decision in United States v. Ewell?

It minimizes state and/or federal costs.

Which of the following scenarios BEST represents a gag order?

Judge Jefferson, knowing full well that there would be certain very sensitive bits of testimony that would be better held from the public, ordered the media to keep quiet on this specific courtroom testimony.

Which of the following scenarios BEST represents change of venue?

Judge Wilkinson agreed with the defense attorney that the defendant could not receive a fair trial locally and so ordered that the trial be moved to another county within the state.

Giovanni and his fellow jurors, who sat during the six-week trial and who are now in the midst of their fourth day of deliberations, have completely ignored the judge's instructions about a crucial part of the law that is to apply to their decision on guilt or innocence. Which of the following terms BEST applies to what Giovanni and his fellow jury members have done?

Jury nullification

Amanda is upset because she has learned this morning that, as part of her service on the jury, she will need to stay in a hotel for the duration of the trial with limited or no contact with anyone other than the other eleven members of her jury. Which of the following has the judge ordered in this trial?

Jury sequestration

Defense attorney Simone has asked the judge to strongly consider a new trial. She is convinced that the jury, instead of carefully considering the testimony and evidence in the case, was biased and prejudiced by the hundreds of assaults in the south side neighborhood and, therefore, convicted her client based only on that prejudice. What is Simone contending exists in this trial?

Jury vilification

Carlos, the de facto foreman of the jury he has sat on for the past two weeks, has instructed his fellow jury members to not worry about the overly-vague and confusing testimony and evidence in the case. He has stated repeatedly, "just go with your gut instincts on this, my fellow jurors." What is Carlos encouraging?

Liberation hypothesis

Magnus has been sitting on this jury for nearly one week. Much of the prosecution presentation and witness testimony has been vague and at times confusing to him. Therefore, when it comes time for him and the eleven other jurors to deliberate, he is going to have to rely on his gut instincts instead of the many hours of courtroom presentation. Which of the following phenomena does this BEST represent?

Liberation hypothesis

Prosecutor Jane has just laid out for the jury, in overview form, what she will attempt to prove throughout the trial. What has Jane just done?

Made her opening statement

Which of the following is TRUE of the "right to a speedy trial?" The constitution AND the Supreme Court have clearly and explicitly defined what constitutes a "speedy" trial, though their definitions are slightly different.

Neither the constitution nor the Supreme Court has clearly and explicitly defined what constitutes a "speedy" trial.

The only evidence that Stan the prosecutor had was information provided by the bus driver who was at the scene and who provided this information under oath at trial. Which of the following types of evidence did Stan the prosecutor present?

Testimonial evidence

Because Ingrid's defense attorney feels strongly that the local community has already heard too much about the gruesome murder she has been accused of, he has formally filed a petition with the court requesting the trial be held in a different county. For what has Ingrid's attorney filed?

A change of venue

The judge in Rodney's murder trial realizes there is a very sensitive nature to the proceedings. For this reason, she has ordered the media to keep quiet concerning much of the testimony and evidence. What has the judge ordered in this trial?

A gag order

During the trial by jury, it was revealed that the government had been monitoring the defendant's drug trafficking practices for more than two years before they decided they had ample evidence to accuse the defendant of the crime. The defendant's counsel was quick to file for an immediate dismissal of the charges and end to the trial, arguing that if the government had been monitoring his client for more than two years, his constitutional right to a speedy trial had been violated. Why did the judge throw this request out and order the trial move forward?

Because according to the Supreme Court's "accusation rule," the right to a speedy trial does not attach until after a person has been accused of a crime.

Why would a speedy trial benefit the prosecution?

Because it minimizes the opportunity for individuals out on bail to commit additional crimes while awaiting trial

Which of the following is TRUE of bench trials versus jury trials?

Bench trials outnumber jury trials, even in felony cases.

In the opinion of the Supreme Court, who benefits from a speedy trial?

Both the defense and the prosecution

How have researchers been able to study the behaviors and tendencies of trial juries and the jurors who serve on them?

By creating so-called mock juries

Harvinder is the judge overseeing a bench trial. Which of the following is TRUE in this trial?

Harvinder is both the trier of law and the trier of fact.

When is the most appropriate time to call rebuttal witnesses?

Immediately after the defense witnesses have been called.

Robin has worked as a jury consultant for more than ten years. She has been involved in countless trials, and she is very much in demand for her excellent work and reliability. Which of the following BEST describes what Robin does?

She works with both prosecutors and defense attorneys to help with their voir dire proceedings.

Gregory is convinced that his only chance of avoiding prison is by the favorable views of an impartial jury sitting before the trial to hear his account of what occurred on that fateful night in question. Which of the following guarantees Gregory the right to have a jury of his peers decide this matter?

The Sixth Amendment

Natalya, charged with the first degree murder of her boyfriend, instructed her counsel that she strongly wished to waive her right to a trial by jury. The court, however, has denied her this waiver and plans to sit a trial jury when the trial commences. Which of the following is true regarding the court's denial of her waiver?

The government can veto a defendant's waiver if it feels a jury trial will produce a fairer result than a bench trial.

Frank received notification that he must appear at the county courthouse in one month to be a potential juror for one of the trials that will take place that day. Of which of the following was Frank NOT included as a member?

The grand jury

Today's juries can trace their roots back many years. Which of the following BEST describes the time when juries got their early beginnings?

The reign of King Henry II, in the twelfth century

What can happen once the jury has been selected, the trial date set, and the judge appointed?

The trial can begin.

Wally is frustrated because after nearly six days of deliberations, he and five other jurors believe the defendant is guilty while the other six jurors are convinced the defendant is not guilty. If neither side is moveable, what will the outcome be?

There will be a hung jury.

Which of the following is always TRUE of petit juries?

They must engage in meaningful deliberation.

Henrietta the defense attorney and Gilbert the prosecutor are actively involved in the process of questioning potential members of the jury to determine who they believe will not be impartial and want to remove. Through what process are Henrietta and Gilbert involved proceeding?

Voir dire

Wanda was tried by a court of law for a list of serious offenses. Her case and trial were at the state, not federal, level. To her disappointment there was no jury at her trial, only a judge. She was quickly convicted and served many years, eventually dying in prison. Which of the following would explain why Wanda was LEGALLY denied a trial by jury?

Wanda's trial occurred before 1968.

When are gag orders useful in trials?

When there is a "clear and present danger" to the impartiality of the trial

The judge informed Winston that there would be no jury seated for his trial, even though Winston had not waived his right to a trial by jury. If this is true, which of the following is also MOST LIKELY to be true?

Winston committed a petty crime.