criminal law chapter 13

Which law requires that jurors for both grand and petit juries are selected at random from a fair cross-section of the community?

The Federal Jury Selection and Service Act of 1968

If a potential juror cannot be impartial because he/she knows about the case, knows the defendant's family, knows the victim, or any other people involved in the case, has already made a decision about the defendant's guilt or innocence, or admits to prejudice, he/she can be excluded from the jury. This exclusion is called a:

challenge for cause

Bringing jurors from other locations into the court, to reduce the number of local jury members who may have heard information about the case before the trial, is called:

change of venire

Grand juries:

determine guilt or innocence

A change of venue is when a jury from another jurisdiction is brought in to decide the case.

false

A defendant facing charges that are punishable by more than six months has no alternatives to a trial by jury.

false

A grand jury must find that the accused committed the crime beyond a reasonable doubt in order to indict him/her.

false

A motion for recusal asks the prosecutor to restate the charges against the defendant

false

An attorney uses a challenge for cause to exclude a juror for any reason or no reason at all

false

During a jury trial, the judge plays the role of the fact finder and the jury plays the role of the determiner of the law.

false

Every state crime requires a jury trial

false

In capital cases, attorneys can exclude jurors who are opposed to the death penalty

false

In the contemporary American judicial system, trial by jury is a guaranteed option for anyone accused of a crime that is punishable by over one year in prison.

false

Jury instructions are a standard form used in every trial.

false

A jury that cannot reach a verdict is said to be ___________________.

hung

Which of the following may an attorney NOT do in a closing statement?

introduce new evidence

Any decision to increase a prison sentence because of aggravating factors must be made by the:

judge

A ________________ is a group of men and women selected from the community to determine the truth.

jury

A decision by a jury to ignore the law or the judge's instructions when deliberating is called _______________

jury nullification

What occurs when the jury appears to have completely ignored the facts of the case and applied the law as they wish it to be written?

jury nullification

In response to a grand jury's actions, the defense can:

move to quash the indictment

A motion for a new trial must be based upon ______________.

new evidence or a procedural flaw

To enforce discovery requests, courts may:

order the recalcitrant party to permit the discovery or inspection; specify its time, place, and manner; and prescribe other just terms and conditions.

The twelve men and women chosen to determine a defendant's guilt or innocence in a trial are called a:

petit jury

Which of the following sets of options are appropriate ways to minimize the impact of media publicity on potential jury members?

sequester the jury, change the venire, and change the venue

The limiting of a juror's exposure to media coverage of the trial by separating them from society and monitoring their reading materials, television access, and such is called:

sequestration.

A motion for judgment notwithstanding the verdict asks the judge to ____________________

set aside the verdict

The _____________ Amendment is the basis for ensuring defendants the right to a trial by jury

sixth

Beyond a reasonable doubt is

the burden of proof used by a petit jury.

All of the following are reasons for which a potential juror for a capital case may be excluded, except:

the potential juror states that he objects to the death penalty on moral grounds, but that he could set such personal feelings aside to objectively apply the law.

In medieval England, the winner in a ___________________ won the lawsuit.

trial by battle

An alternative to a trial by jury is a __________

trial by judge

When an attorney moves to exclude a potential juror as part of his/her allotted peremptory challenges, there need not be any cause for eliminating that person. However, an attorney is not permitted to exclude any juror based on race or gender biases.

true

Which of the following statements is true concerning the difference between federal and state juries?

- Federal juries always consist of twelve members, while some state juries may be as small as six. - Federal juries always require a unanimous verdict, while some state juries do not. - Federal juries hear cases concerning federal law violations, while state juries hear cases of alleged state law violations. - All of the above are true.

The Confrontation Clause requires that:

- the defense be able to cross-examine all witnesses the prosecution puts on the stand. - the prosecution make available the technician who completed any DNA or forensic analysis report for cross-examination - A and B

The _______________ or "Great Charter" guaranteed noblemen under King Jon's jurisdiction 'life, liberty, and property.'

Magna Carta

What principle was stated in the decision for the case Duncan v. Louisiana?

States, like the federal government, must provide trial by jury to ensure the proper delivery of justice.

Which of the following items is a prosecutor NOT required to provide to the defense during discovery?

a copy of the prosecution's opening statement

Defendants charged with serious offenses have a Constitutional right to:

a jury trial

All of the following are names for the group of people from which the jury will be selected except:

collective

In a _________ in medieval England, the accused was given a difficult task to perform often involving physical injury.

trial by ordeal

A jury that hears evidence and decides if the accused should be indicted and tried for the crime is called the "grand jury" in most jurisdictions.

true

At Common Law, the sheriff was authorized to conscript jurors from those passing by.

true

Defense attorneys have the option of delivering their opening statement following the prosecution's opening statement, or after the prosecution has presented its case.

true

Jurors are selected from the state or district where the crime occurred.

true

Savvy attorneys will place people whose presence in the courtroom is prejudicial on the witness list.

true

Sequestration is the process of cutting off jurors from the outside world during the trial so that they remain impartial.

true

The citizens in Athens, Greece had one of the first known juries in history.

true

The literal meaning of voir dire is "to speak the truth."

true