Chapter 8: Juries

Test Bank

Multiple Choice

1. Identify which of the following is true about jury size.

A. The minimum size of individuals on a jury in criminal cases is 12.

B. The minimum size of individuals on a jury in criminal cases is 6.

C. The maximum size of individuals on a jury in criminal cases is 6.

D. There is no minimum amount of people required to be on a jury in criminal cases.

2. Legislature requires judges to sentence an offender to a minimum sentence no matter the mitigating factors. This refers to ______.

A. indeterminate sentence

B. determinate sentence

C. presumptive sentence

D. mandatory minimum sentence

3. Incapacitation refers to ______.

A. punishing to remove individual from society as an interest for safety;

punishing to discourage from offenses happening again

B. punishing in order to harm the individual that caused harm

C. punishing to discourage from offenses happening again

D. punishment intended to transform individual into productive member of society

4. Which of the following cases started the moratorium on the death penalty.

A. Gregg v. Georgia

B. Furman v. Georgia

C. Roe v. Wade

D. Ballew v. Georgia

5. Identify which of the important functions of trials assures that the government will intervene to protect citizens by prosecuting wrongdoers.

A. symbolism

B. legitimacy

C. security

D. law

6. House arrest is an example of ______.

A. imprisonment

B. intermediate sanctions

C. presumptive sentence

D. determinate sentence

7. Tommy is a juror in a case where there is ample evidence of the defendant’s guilt. However, Tommy believes that the system is imposing harsh sentences for that specific crime and does not want to participate in it. He tells other jurors they should vote the defendant not guilty. Tommy is engaging in ______.

A. challenge for cause

B. nullification

C. peremptory challenge

D. jury tampering

8. Tom was convicted of rape and received the sentence of life in prison with the possibility of parole. He is up for parole board review. His sentence is an example of ______.

A. indeterminate

B. determinate

C. mandatory minimum

D. presumptive

9. Identify which of the following cases ended the moratorium on the death penalty.

A. Gregg v. Georgia

B. Furman v. Georgia

C. Ballew v. Georgia

D. Roe v. Wade

10. Rehabilitation refers to ______.

A. punishing to discourage from offenses happening again

B. punishment intended to transform individual into productive member of society

C. punishing in order to harm the individual that caused harm

D. punishing to remove individual from society as an interest for safety

11. Retribution refers to ______.

A. punishing to discourage from offenses happening again

B. punishing in order to harm the individual that caused harm

C. punishing to remove individual from society as an interest for safety

D. punishment intended to transform individual into productive member of society

12. Boot camps are an example of ______.

A. intermediate sanctions

B. mandatory minimum sentence

C. presumptive sentence

D. determinate sentence

13. The exclusion of a juror for no reason whatsoever is known as ______.

A. peremptory challenge

B. challenge for cause

C. nullification

D. none of the above

14. Community service is an example of ______.

A. fine

B. intermediate sanction

C. presumptive sentence

D. mandatory minimum sentence

15. Judges establishing the actual time served refers to ______.

A. presumptive sentences

B. mandatory minimum sentences

C. indeterminate sentences

D. determinate sentence

16. Which of the following is NOT true about Gregg v. Georgia?

A. It ended the moratorium on the death penalty.

B. It started the moratorium on the death penalty.

C. It separated the guilt and sentencing part of the trial process.

D. It introduced aggravating and mitigating circumstances in the sentencing process.

17. Identify which case decided that a 12-person jury is not constitutionally required.

A. Ballew v. Georgia

B. Furman v. Georgia

C. Gregg v. Georgia

D. Williams v. Florida

18. Lisa was convicted of her third felony and the judge had to give her a set sentence without looking at her past history. Her sentence is an example of ______.

A. determinate

B. indeterminate

C. presumptive

D. mandatory minimum

19. Gregg v. Georgia ended the moratorium on the death penalty. Identify which of the following WAS NOT factored into the decision process?

A. two-stage process

B. direct appeal

C. consideration of aggravated and mitigating circumstances

D. mandatory sentencing

20. Tony believes that individuals who commit crime can learn to become productive members of society. He most likely agrees with what purpose of punishment?

A. retribution

B. incapacitation

C. deterrence

D. rehabilitation

21. The conscious and deliberate decision of a jury to acquit a defendant despite the awareness of guilt is known as ______.

A. challenge for cause

B. nullification

C. peremptory challenge

D. none of these

22. Tom believes that individuals should be punished in order to send the message that crime should not occur. Tom most likely agrees with what purpose of punishment?

A. retribution

B. deterrence

C. incapacitation

D. rehabilitation

23. Ana believes that individuals who commit crime need to reimburse the victims from whatever they took. Ana most likely agrees with what purpose of punishment?

A. restoration

B. rehabilitation

C. incapacitation

D. deterrence

24. The exclusion of a juror for the inability to be fair is known as ______.

A. peremptory challenge

B. challenge for cause

C. nullification

D. extreme vetting

25. Which of the following is NOT true about Furman v. Georgia?

A. It placed a moratorium on the death penalty.

B. The death penalty was ruled unconstitutional.

C. The application of the death penalty was ruled unconstitutional.

D. The death penalty was ruled constitutional.

26. Identify the year in which scientific jury selection was used for the first time.

A. 1965

B. 1972

C. 1987

D. 1999

27. Deterrence refers to ______.

A. punishment intended to transform individual into productive member of society

B. punishing to discourage from offenses happening again

C. punishing in order to harm the individual who caused harm

D. punishing to remove individual from society as an interest for safety

28. Which of the following is NOT true about juries and social science?

A. It is proven that scientific jury selection can predict the behavior of specific jurors.

B. There is an increase in jury consultants.

C. Consultants analyze body language and handwriting.

D. Mock juries are used to test persuasiveness of arguments prior to actual trials.

29. A crime being particularly brutal would be considered ______.

A. an aggravating circumstance

B. a mitigating circumstance

C. irrelevant in the sentencing process

D. none of the above

30. Which of the following is NOT true about the death penalty?

A. It was deemed unconstitutional.

B. It was deemed as discriminatory.

C. Its application was considered cruel and unusual punishment.

D. A judge can exclude jurors from a trial if they are solely for or against it.

31. A criminal having a very abusive past would be considered ______.

A. an aggravating circumstance

B. a mitigating circumstance

C. irrelevant in the sentencing process

D. none of the above

32. A legislatively established commission provides a sentencing formula based on various factors in ______.

A. indeterminate sentencing

B. determinate sentencing

C. presumptive sentencing

D. mandatory minimum sentences

33. Minimum and maximum sentences are given by judges, but parole boards reviewing cases decide actual sentence time being served. This refers to ______.

A. presumptive sentences

B. mandatory minimum sentences

C. determinate sentences

D. indeterminate sentences

34. Identify which case decided the division of responsibility between the judge and the jury.

A. Apodaca v. Oregon

B. Williams v. Florida

C. Johnson v. Louisiana

D. Sparf and Hansen v. United States

35. Jessica believes that individuals who commit crime should be locked up so that they can pay for their crimes. Jessica most likely agrees with what purpose of punishment?

A. deterrence

B. retribution

C. incapacitation

D. rehabilitation

1. Most states and federal systems provide for appeals.

2. In 1976, the Supreme Court ruled that the death penalty was no longer administered in a “cruel and unusual fashion.”

3. Exoneration is the formal acknowledgment that the defendant is innocent.

4. Life without parole is the alternative sentence given in those states that do not allow for capital punishment.

5. There are 23 states that still use the death penalty.

6. In 1972, the Supreme Court ruled that the death penalty was unconstitutional.

7. The United Nations was formed in 1946.

8. Juries must be comprised of 12 individuals.

9. Death penalty cases are automatically appealed to a higher court.

10. The federal government allows for the death penalty.

11. Reconciliation focuses on transforming the individual into a productive member of society.

12. Retribution focuses on compensation to the victim.

13. Short-term shock incarceration is an example of intermediate sanctions.

14. Deterrence focuses on punishment as a discouragement for future offending.

15. Rehabilitation focuses on punishing the individual for the harm caused.

1. Summarize the basics of the indeterminate sentence.

2. Define and explain presumptive sentencing guidelines. Why is this important?

3. Discuss and explain the significance of the seriousness of offense and the defendant’s prior record.

4. Explain and discuss the history and significance of Sentencing Reform and Three Strikes Laws.

5. Explain and discuss the historicity of unanimous verdicts in jury decision-making.