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Multiple Choice Quiz
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Please select the best answer among the choices provided for questions covering material contained in Chapter 11.

1
The text notes various types of stories that are likely to jeopardize a suspect's ability to receive a fair trial. Which of the following is not one of them?
A)Negative stories about the defendant's character and personality.
B)Stories that detail the defendant's past criminal record.
C)Stories that provide the defendant's side of the story.
D)Stories that may allude to a defendant's confession.
2
The actual impact of pretrial publicity on jurors:
A)May not be much of problem because people generally do not remember a lot of what they see or hear in the news media.
B)Has been proven to greatly affect the outcome of trials.
C)Has been proven to have no effect on the outcome of trials.
D)Has been proven to negatively influence the behavior of jurors.
3
As demonstrated in cases such as Seattle Times v. U.S. District Court (1988) and The Washington Post Co. v. Hughes (1991), some appellate court judges have indicated that despite the increased coverage of court cases in the media:
A)There are major detrimental effects of pretrial publicity on a defendant's ability to attain a fair trial.
B)Pretrial publicity is exempt from protection by the First Amendment.
C)Pretrial publicity violates the First Amendment rights of a criminal defendant.
D)The effects of pretrial publicity are overestimated.
4
As contained in U.S. v. Burr (1807), the U.S. Supreme Court defined an impartial juror as an individual who:
A)Does not know the defendant or any victims or witnesses.
B)Is free from the influence of outside knowledge and whose mind is open to the testimony heard in court.
C)Is unaware of the crime and has not seen any related press coverage.
D)Promises not to be influenced by any outside knowledge.
5
In Irwin v. Dowd (1961), the U.S. Supreme Court said impartial jurors:
A)Cannot overwhelmingly believe the defendant is guilty.
B)May be knowledgeable about the facts and issues involved, but should be indifferent about the defendant's guilt.
C)Should not have a fixed opinion so they are able to impartially judge evidence.
D)May not have any beliefs toward the defendant prior to the beginning of the trial.
6
In Murphy v. Florida (1975), the U.S Supreme Court further clarified its definition of an impartial juror, stating that they:
A)Cannot overwhelmingly believe the defendant is guilty.
B)May be knowledgeable about the facts and issues involved, but should be indifferent about the defendant's guilt.
C)Should not have a fixed opinion so they are able to impartially judge evidence.
D)May not have any beliefs toward the defendant prior to the beginning of the trial.
7
In Patton v. Yount (1984), the U.S. Supreme Court again commented on the meaning of an impartial juror, finding that they:
A)Cannot overwhelmingly believe the defendant is guilty.
B)May be knowledgeable about the facts and issues involved, but should be indifferent about the defendant's guilt.
C)Should not have a fixed opinion so they are able to impartially judge evidence.
D)May not have any beliefs toward the defendant prior to the beginning of the trial.
8
What term is used to describe the judicial remedies employed to combat pretrial publicity?
A)Protective custody.
B)Trial level remedies.
C)Gag orders.
D)Peremptory actions.
9
What is generally considered the last resort when seeking a solution to prejudicial pretrial publicity?
A)Acquittal.
B)Gag order.
C)Reversal of a conviction by an appeals court.
D)Ordering a reduced sentence.
10
The process by which each potential juror is questioned to discover bias prior to being impaneled is called:
A)Voir dire.
B)Admonition.
C)Veniremen.
D)None of the above.
11
Unlike challenges for cause, peremptory challenges:
A)May not be refused by a judge.
B)May be limited by the number of challenges that may be raised.
C)May be exercised without any cause.
D)All of the above.
12
Change of venues are warranted when:
A)Government prosecutors wish to find a judge with a more favorable reputation.
B)The defendant wishes to have his or her trial closer to their home.
C)The court believes it is in the best interest to select a jury that knows less about the circumstances surrounding the case, so the trial is moved to another location.
D)All of the above.
13
Importing a jury panel from a distant community located outside the court's jurisdiction is referred to as a/an:
A)Change of venue.
B)Change of veniremen.
C)Admonition.
D)None of the above.
14
If a judge wants to diminish pretrial publicity by ordering a continuance, he or she must first obtain:
A)Consent from the defendant to waive the right to speedy trial.
B)A gag order.
C)Proof that media coverage will not resume once the trial begins.
D)All of the above.
15
When a judge directs a jury to consider only the evidence presented in the courtroom, he or she is giving a/an:
A)Ultimatum.
B)Sequestration.
C)Admonition.
D)None of the above.
16
One disadvantage of sequestration is that it:
A)Separates jurors from their family and friends, potentially leading to prejudice against one of the parties.
B)Usually results in longer trials.
C)Provides an opportunity for jurors to review press coverage of the trial.
D)Is normally less expensive than a trial without sequestration.
17
The Supreme Court's decision in Sheppard v. Maxwell (1966) is significant because:
A)The Court ruled that a conviction may be overturned on the basis that the suspect did not receive a fair trial because of significant pretrial and trial publicity.
B)The Court said it is the trial judge's responsibility to ensure the defendant's rights are not jeopardized because of prejudicial press publicity.
C)The Court's decision was used as grounds and momentum for issuing restrictive orders against the press.
D)All of the above.
18
In Nebraska Press Association v. Stuart (1976), a case brought by media groups against the judge presiding in the Erwin Simants murder case, the Supreme Court determined:
A)All restrictive orders aimed at the press violate the First Amendment.
B)The restrictive order in question violated the First Amendment; however, other orders may be permissible if they meet a three-part test.
C)All restrictive orders aimed at trial participants violate the First Amendment.
D)Both A and C are correct.
19
As a result of Nebraska Press Association (1976) and later cases, courts have:
A)Rarely gagged the press.
B)Frequently gagged the press.
C)Ceased from gagging the press.
D)Ceased from gagging the press and trial participants.
20
In Nebraska Press Association v. Stuart (1976), the Supreme Court adopted a three-part test that must be met before a court can prohibit the media from disseminating information about a case. Which of the following is not one of the parts of that test?
A)Intense and pervasive publicity about a case is certain.
B)The case must involve a serious crime, like murder or sexual assault.
C)No other reasonable alternative is likely to mitigate the effects of the pretrial publicity.
D)The restrictive order will prevent prejudicial material from reaching the jurors.
21
In a 2010 case involving the trial of the former chief executive of the failed energy company Enron, the Supreme Court adopted a five-part test for trial judges to look at when evaluating potential juror prejudice. Which of the following is not part of the so-called Skilling Test?
A)The nature and tone of the media publicity.
B)The impact of the crime on the community.
C)The amount of time elapsed between the crime and the trial.
D)All of the above are factors in the Skilling Test.
22
Pursuant to Supreme Court rulings, jury service by a person is permitted even if the person has knowledge or opinions about a case so long as:
A)The opinions are not so closely held that they cannot be put aside in the face of evidence.
B)The juror promises to ignore what they previously heard about the case.
C)The publicity surrounding the case is not widespread and prejudicial.
D)Both A and C.
23
In order to preserve a fair trial, judges have more commonly placed restrictive orders on:
A)Lawyers.
B)Reporters.
C)Witnesses.
D)A and C are correct.
24
As a result of the Supreme Court's review of Gentile v. Nevada State Bar (1991), safe-haven rules:
A)Do not protect an attorney's right to speak to the press.
B)Are unconstitutional in all circumstances.
C)Are constitutional, just as long as they specify what is permitted and forbidden.
D)May not be written into statutes.
25
Journalists often contact jurors after a trial to learn why the jury ruled as it did in a case. Recent decisions show that:
A)It is permissible for courts to issue restrictive orders that prohibit the press from talking to grand jurors after their term has been completed.
B)It is permissible for courts to issue restrictive orders that prevent the press from uncovering juror contact information after the trial has been completed.
C)It is permissible for courts to issue restrictive orders that prevent the court from releasing juror contact information after the trial has been completed.
D)None of the above.







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