Courts Ch 13

Which of the following is a key distinction between criminal and civil trials? a. In civil trials, the plaintiff must present proof beyond a reasonable doubt, whereas in criminal trials it is a preponderance of evidence that must be demonstrated. b. In civil trials, juries must be unanimous, whereas in criminal trials they need only reach majority decisions. c. 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. d. In criminal trials, juries must be unanimous, whereas in civil trials they need only reach majority decisions.

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. Correct. 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.

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? a. It is a federal trial. b. It is a bench trial. c. It is a state trial. d. It is a trial by jury.

It is a bench trial. Correct. Because 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, the trial he is sitting for is a bench trial.

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? a. It is demonstrative evidence. b. It is direct evidence. c. It is real evidence. d. It is circumstantial evidence.

It is circumstantial evidence. Correct. Because Sherry's evidence only indirectly proves the criminal act and intent, 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? a. It prevents excessive incarceration. b. It prevents damage to the defendant's case resulting from delays. c. It minimizes state and/or federal costs. d. It minimizes anxiety experienced by the accused.

It minimizes state and/or federal costs. Correct. The Court did NOT mention state or federal costs in their rationale regarding speedy trials in their United States v. Ewell opinion.

Which of the following scenarios BEST represents a gag order? a. Judge Mauro considered the defense attorney's petition and decided that moving the trial to another county within the state would be the best thing for all parties involved. b. Judge Blair instructed the jury to call their loved ones, their husbands, wives, and children, because for the duration of the trial they would be staying at a local hotel and would have very limited contact with the outside world. c. Judge Villarreal knew that, although an unprecedented move in his county, he'd be serving the defendant and the justice system well by closing the trial to the public. d. 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.

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. Correct. Because Judge Jefferson ordered the media to keep quiet on this specific courtroom testimony, this is an example of a gag order on the media.

Which of the following scenarios BEST represents change of venue? a. 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. b. Judge Goldstein has informed the jury that they will need to stay at a local hotel and have very limited contact with the outside world over the duration of this very sensitive trial. c. Judge Villarreal knew that, although an unprecedented move in his county, he'd be serving the defendant and the justice system well by closing the trial to the public. d. Judge Tollson, fearing that too much information about the trial getting out could be too disruptive, ordered the media to keep quiet on much of what was occurring in the courtroom.

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. Correct. Because Judge Wilkinson ordered that the trial be moved to another county within the state, he ordered a change of venue.

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? a. Jury nullification b. Jury vilification c. Liberation hypothesis d. Voir dire

Jury nullification Correct. Jury nullification is the practice by a jury of either ignoring or misapplying the law in a certain situation.

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? a. Jury nullification b. Jury vilification c. Liberation hypothesis d. Voir dire

Liberation hypothesis Correct. Liberation hypothesis is the tendency of jurors to fall back on their gut instincts when they do not understand evidence, or it is vague.

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? a. The grand jury b. The jury list c. The master jury wheel d. The jury pool

The grand jury Correct. Since Frank received notification that he could be a potential juror for a trial, this could NOT be referencing a grand jury, as grand juries do not sit for trials.

Which of the following is always TRUE of petit juries? a. They must engage in meaningful deliberation. b. They must be sequestered. c. They consist of twelve members. d. They need to be unanimous in order to either convict or acquit.

They must engage in meaningful deliberation. Correct. It is required of ALL juries that they engage in meaningful deliberation.

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? a. 30 days b. 500 days c. 1,500 days d. 100 days

500 days Correct. Murder cases take an average of 500 days to complete.

Why would a speedy trial benefit the prosecution? a. Because it minimizes anxiety experienced by the accused as a result of a publicized accusation b. Because it prevents excessive incarceration of the defendant c. Because it helps prevent overcrowding at local jails d. Because it minimizes the opportunity for individuals out on bail to commit additional crimes while awaiting trial

Because it minimizes the opportunity for individuals out on bail to commit additional crimes while awaiting trial Correct. The fact that speedy trials minimize the opportunity for individuals out on bail to commit additional crimes while awaiting trial is a benefit to the prosecution.

Which of the following is TRUE of bench trials versus jury trials? a. Jury trials outnumber bench trials, even in felony cases. b. Jury trials outnumber bench trials, but only in non-felony cases. c. Bench trials outnumber jury trials, but only in non-felony cases. d. Bench trials outnumber jury trials, even in felony cases.

Bench trials outnumber jury trials, even in felony cases. Correct. It is TRUE that bench trials outnumber jury trials, even in felony cases.

How have researchers been able to study the behaviors and tendencies of trial juries and the jurors who serve on them? a. By infiltrating themselves into juries as jurors. b. By creating so-called mock juries. c. Through "side-bar" interviews with jurors during the deliberation process. d. By observing them directly in their deliberations.Incorrect. Researchers are NOT able to observe jurors directly in their deliberations.

By creating so-called mock juries. Correct. Because jury deliberations are generally secret, researchers rarely have access to jurors, so most have been forced to study juror decision making in the context of so-called mock juries.

When is the most appropriate time to call rebuttal witnesses? a. Immediately after closing arguments have been made. b. Immediately following opening statements. c. Immediately after the presentation of the prosecution's evidence. d. Immediately after the defense witnesses have been called.

Immediately after the defense witnesses have been called. Correct. The most appropriate time to call rebuttal witnesses is 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? a. She works with jurors to assist them with understanding the legal jargon spoken in trials. b. She works with the court to compile jury lists. c. She advises judges who take on the role of the jury when they sit on bench trials. d. She works with both prosecutors and defense attorneys to help with their voir dire proceedings.

She works with both prosecutors and defense attorneys to help with their voir dire proceedings. Correct. As a jury consultant, Robin works with both prosecutors and defense attorneys to help with their voir dire proceedings.

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? a. Circumstantial evidence b. Testimonial evidence c. Real evidence d. Demonstrative evidence

Testimonial evidence Correct. Because the 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, it was testimonial evidence.

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? a. Voir dire b. Opening statements c. Change of venue d. Gag order

Voir dire Correct. Voir dire is the jury selection process whereby the prosecutor and the defense question members of the jury panel in an effort to seat a jury that achieves the Sixth Amendment goal of impartiality.

When are gag orders useful in trials? a. When there is a "clear and present danger" to the impartiality of the trial b. When it is shown that one or more jurors are influenced by media coverage c. When the jury needs to be kept away from the "outside world" d. When holding the trial in the community would deny the defendant an impartial jury

When there is a "clear and present danger" to the impartiality of the trial Correct. The Court has ruled that gag orders are necessary 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? a. Winston committed a petty crime. b. Winston's trial is in federal court. c. Winston's trial is in state court. d.Winston's committed a capital offense.

Winston committed a petty crime. Correct. The Supreme Court has carved out a petty crime exception to the right to a trial by jury. Therefore, because Winston committed a petty crime, the Sixth Amendment right to a trial by jury does not apply.