Exam 2 - Textbook Terms Chapters 12

Question 1

__________ - In an effort to break a deadlock that might result in a hung jury, the judge asks the jury “to reexamine your views and to seriously consider each other’s arguments with a disposition to be convinced.”

Answer 1

dynamite charge (or Allen charge or shotgun instruction)

Question 2

__________ - A deliberation process in which juries postpone the first vote until after jurors have had a careful, systematic discussion of the evidence. This style appears to produce richer, more probing discussions than a verdict-driven style.

Answer 2

evidence-driven style

Question 3

__________ - Witnesses who offer testimony based on specialized knowledge, training, or experience.

Answer 3

expert witnesses

Question 4

__________ - Juries that cannot reach a unanimous verdict.

Answer 4

hung juries

Question 5

__________ - Evidence intended to damage the credibility of a witness’s statements.

Answer 5

impeachment evidence

Question 6

__________ - Information that might be prejudicial and is therefore not admitted into evidence by the judge in a trial.

Answer 6

inadmissible evidence

Question 7

__________ - A process in which jurors change their opinions because other jurors make compelling arguments.

Answer 7

informational influence

Question 8

__________ - Processes in which we make an effort not to think about something, often resulting in that thing’s dominating our thoughts, especially when we are under stress and much of our mental capacity is already in use.

Answer 8

ironic processes

Question 9

__________ - In a criminal case, a phenomenon whereby the jury may base its verdict on reasoning that ignores, disregards, or goes beyond the law. In part, this result is permitted because juries are expected to represent the moral conscience of the community, which may lead them to a different conclusion than the law prescribes.

Answer 9

jury nullification

Question 10

jury nullification - In a criminal case, a phenomenon whereby the jury may base its verdict on reasoning that ignores, disregards, or goes beyond the __________. In part, this result is permitted because juries are expected to represent the __________ conscience of the community, which may lead them to a different conclusion than the law prescribes.

Answer 10

• law

- moral

Question 11

__________ - In evenly split juries, where roughly half the jurors favor “guilty” on the initial vote and the other half favor “not guilty,” it is much more likely that the final verdict will be “not guilty.”

Answer 11

leniency bias

Question 12

leniency bias - In evenly split juries, where roughly half the jurors favor “guilty” on the initial vote and the other half favor “not guilty,” it is much more likely that the final verdict will be “__________.”

Answer 12

not guilty

Question 13

__________ - A hypothesis predicting that in cases where the evidence is ambiguous or less than compelling, jurors will be “liberated” from the constraints of evidence and will base their decisions on factors such as prior beliefs, past experience, or even prejudice.

Answer 13

liberation hypothesis

Question 14

liberation hypothesis - A hypothesis predicting that in cases where the evidence is ambiguous or less than compelling, jurors will be “__________” from the constraints of evidence and will base their decisions on factors such as prior beliefs, past experience, or even __________.

Answer 14

• liberated

- prejudice

Question 15

__________ - In describing jurors’ decision-making processes, models in which pieces of evidence are mathematically weighted to explain how jurors decide between “guilty” and “not guilty.”

Answer 15

mathematical models

Question 16

__________ - A process in which jurors change their votes (but not necessarily their private views) in response to group pressure.

Answer 16

normative influence

Question 17

__________ - The second phase of the jury deliberation process, in which differences in opinion among members of the jury become apparent and coalitions may form between members of the group.

Answer 17

open conflict

Question 18

open conflict - The second phase of the jury deliberation process, in which differences in opinion among members of the jury become apparent and __________ may form between members of the group.

Answer 18

coalitions

Question 19

__________ - The first phase of the deliberation processes during which juries elect a foreperson, discuss procedures, and raise general issues.

Answer 19

orientation

Question 20

__________ - A ruling by a judge that an attorney’s objection to testimony or evidence presented at trial is not valid.

Answer 20

overrule the objection

Question 21

__________ - Instructions read to the jurors by the judge before a trial begins.

Answer 21

preinstructions

Question 22

__________ - The theory that people are motivated to maintain their sense of freedom in the face of threats to that freedom. For example, jurors may perceive a judge’s admonition to ignore inadmissible evidence as a threat to their freedom to make a decision based on all the available evidence. Jurors may react to that threat by giving the inadmissible evidence greater weight than they would have otherwise.

Answer 22

reactance theory

Question 23

reactance theory - The theory that people are motivated to maintain their sense of freedom in the face of __________ to that freedom. For example, jurors may perceive a judge’s admonition to ignore inadmissible evidence as a threat to their freedom to make a decision based on all the available evidence. Jurors may react to that threat by giving the inadmissible evidence greater weight than they would have otherwise.

Answer 23

threats

Question 24

__________ - The final phase of the jury deliberation process, when jurors reach a common understanding and agreement, or when one faction capitulates. Attempts may be made to soothe hurt feelings and make everyone feel satisfied with the verdict.

Answer 24

reconciliation

Question 25

__________ - In describing jurors’ decision-making processes, a model that proposes that jurors create stories to make sense of the evidence presented at trial; a story is defined as a causal chain of events.

Answer 25

story model

Question 26

__________ - Jurors who seem likely to have a disproportionate influence on the deliberation process.

Answer 26

strong jurors (or key jurors or jury leaders)

Question 27

__________ - A ruling by a judge that an attorney’s objection to testimony or evidence presented at trial is valid and that the testimony or evidence should be ignored by the jury.

Answer 27

sustain the objection

Question 28

sustain the objection - A ruling by a judge that an attorney’s objection to testimony or evidence presented at trial is valid and that the testimony or evidence should be __________ by the jury.

Answer 28

ignored

Question 29

__________ - A deliberation process in which juries take a vote shortly after they begin deliberations and then orient their subsequent discussions around the verdict options. This style of deliberation tends to encourage jurors to sort the evidence into two categories: supporting conviction or supporting acquittal.

Answer 29

verdict-driven style