PSY328 Exam Multiple Choice

Which is NOT one of the categories of offences in the Canadian Criminal Code?

felonious

Assault, solicitation of prostitution and disturbing the peace are all examples of offences

summary

When a jury acquits someone of breaking a law because they do not believe in or support that law it is called the law.

nullifying

Which statement about the jury system in Canada is FALSE?

The use of juries in civil trials has steadily increased over the last two centuries.

In 1975 the Criminal Code was amended to say that a jury's acquittal cannot be replaced with a court conviction; the acquittal can be set aside, however, and a new trial ordered. This change was called the Amendment.

Morgentaler

Which statement about the role of the jury is FALSE?

A jury is 12 persons unless it is a summary offence, which only uses 6.

The Supreme Court overturned the conviction of Grant Krieger because

the trial judge had usurped the jury's function by telling them to render a guilty verdict.

Which was NOT a consequence of Henry Morgentaler being convicted in the Quebec and Ontario court systems?

The Canadian government declared Morgentaler persona non grata and he left the country.

Which statement about the trial of Robert Latimer for killing his disabled daughter is FALSE?

The Appeals Court upheld the lower court, saying an exemption fit the mercy killing scenario.

Which statement about the jury selection process is FALSE?

Provinces and territories use the same set of rules and statutes, controlled by the Jury Act.

The pool of jurors summoned from the list who appear for service is called a jury panel or

venire

Which is NOT a finding from some data collected on failure to show for jury service

Newfoundland and Nova Scotia had the lowest absentee rates of jurisdictions that keep track.

According to the text, which statement about jury selection and service is FALSE?

Persons who have ever been convicted of certain crimes are excluded from jury service.

Which is NOT one of the three court personnel sitting closest to the judge?

Court Clerk

Which of the following statements about a challenge for cause is TRUE?

The challenge argues that there is the likelihood that a juror will not be able to be impartial.

The level of proof that an attorney must meet in order to be granted a challenge for cause is

realistic potential

The peremptory challenge is said to be more powerful than the challenge for cause because

no reason has to be given for the move to dismiss the juror.

According to the text, which statement about the jury selection process in Canada is FALSE?

The best predictor of trial outcome is the pervasiveness of the evidence.

The question of whether jurors who identify strongly with a certain defendant and empathize with his or her situation will be less likely to fault or convict them is called the

similarity-leniency hypothesis

Which is NOT one of the research findings about juror attitudes described in the text?

Research indicates that only members of minority groups seem to display both leniency and harshness toward members of their own race.

To date, in studies on the effects of juror similarity to defendants, the variables analyzed have been

gender and race

All of the following have been concluded from research studies on gender and jury processes and outcomes EXCEPT

Women are more likely to accept rape myths from the defence than men are.

Which case did NOT involve the defence successfully challenging the fact that the jury was not representative?

R. v. Born with a Tooth on the issue of including Aborigines

The text lists a number of reasons that members of First Nations might be underrepresented on juries. Which is NOT one of those reasons?

issues with documentation of citizenship

In defining partiality, the court has distinguished between two components, the _______, which would be prejudice and the _______, which would be discrimination.

attitude / behavior

Schuller and Vo's research on juror partiality found that in simulated scenarios involving challenges for cause, potential jurors

judged blacks more harshly under closed-ended or no challenge formats.

When Schuller and Vo looked at jurors' admissions of possible partiality, they found that while up to ______ admitted they might be biased, the triers of fact dismissed up to _______ of prospective jurors.

14% / 34%

Which is NOT a true statement about challenges for cause today?

Banning other prospective jurors from being present during challenges is required in all Canadian courts.

The order followed in the trial once witnesses take the stand is

direct examination, cross-examination, re-direct examination, re-cross examination

Bias that occurs when there is such strong community concern about a trial outcome that a juror feels pressure to reflect area sentiments in the verdict is called ________ bias.

normative

Which is NOT discussed in the textbook as a remedy for prejudicial pretrial publicity?

directed verdict

Which is NOT one of the results of research on pretrial publicity mentioned in the text?

In Ogloff & Vidmar's study printed news material had the greatest impact on participants' perceptions in the Christian Brothers case.

General beliefs about a certain group of people or a certain type of crime that may interfere with a juror's ability to decide a case fairly is referred to as ________ prejudice.

generic

In R. v. Lifchus the Supreme Court clarified that beyond a reasonable doubt, based on reason and common sense must be logically connected to ________.

evidence

According to the text, jurors may make decisions using one of two models. the ______ model or the ______ model.

story; mathematical

The degree to which a variable measures what it is supposed to measure in isolating a cause and effect relationship is known as

internal validity

Which is NOT one of the factors considered by presiding judges when determining the use of electronic devices in their courts?

Whether the person has filed a valid media request

Which statement about the use of electronics in Canadian courts is FALSE?

Personal computers are not covered in the Guidelines at this time

Mazella and Feingold conducted a meta-analysis on studies of defendant traits. Which statement about their findings on gender and attractiveness is FALSE?

More attractive defendants are treated more harshly for robbery

Mazella and Feinberg conducted a meta-analysis on studies of defendant traits. Which statement about their findings on the effect of race is FALSE?

Race was consistently a factor influencing juror perceptions of guilt

Which is NOT one of the findings included in the text's discussion of other research on defendant traits?

In civil trials, corporations that appear remorseful are assessed less damages by jurors

Which phrase BEST describes the dynamite charge used to move deadlocked jurors toward a resolution?

The charge is unlikely to be deemed useful in Canada or adopted by the courts soon

The dynamite charge that has been used to resolve deadlocks in jury deliberations has been controversial because it focuses on

emphasizing that the dissenting minority has the responsibility to alter their views

Which is most strongly correlated with jury verdicts?

evidence strength

When one side or another in a trial raises an objection the judge has the choice to either or the objection.

sustain; overrule

Which statement about jurors questioning witnesses is TRUE?

No specific law in Canada prohibits jurors from questioning witnesses

According to the text, which statement about the role of strong jurors is FALSE?

In Kalven & Zeisel's study 67 percent of the outcomes were those voted by the initial majority

If a defendant is badly injured in the course of committing a crime, it is ______ likely that he or she will receive a sentence that is more _____.

more; harsh

Which statement about jurors taking notes in trial is FALSE?

The Canadian courts have long favored jurors taking notes if judges decide case by case

Which statement about one of the earliest studies of group dynamics in juries in the United States is FALSE?

Five civil jury deliberations were secretly recorded without anyone knowing

The fact that when a judge tells the jury to disregard something, it may cause them to dwell on it more than if it had not been noted is often referred to as a(n)

: ironic process

Which statement about research evidence on complex testimony is FALSE?

To be persuasive, expert testimony cannot be repetitive

The author notes that approximately ______ percent of deliberation is devoted to evidence, whereas about _______ percent is dedicated to the law and judges' instructions.

70-75; 20

In some cases jurors may resent a judge telling them not to consider something and they may feel that they should be able to decide for themselves what to consider. The explanation for those feelings is referred to as theory.

reactance

Information that is specifically introduced at trial to damage the credibility of a witness is called evidence.

impeachment

Which statement about research on jury deliberations is TRUE?

The three most vocal jury members consume 50 percent of the deliberation time

The three stages of a typical jury deliberation are referred to by the authors as

: orientation, open conflict, and reconciliation

Which statement about the instructions juries receive from judges is FALSE?

Judges most often clarify instructions to avoid confusion that may lead to appeals

In the case of a split jury where half favor "guilty" and the other half favor "not guilty" on the initial vote, it is more likely that the final verdict will be . This tendency is referred to as bias.

not guilty; leniency

Which statement about the research on juror and judge agreement is FALSE?

Jurors who had previous jury experience were no more likely to convict than first-time jurors

Kalven & Zeisel's classic study suggests that judges and juries agree on verdicts in about _____ percent of civil and criminal cases.

75

The authors note that a deliberation style that postpones the vote until all the evidence is gone over in detail seems to produce richer, more probing discussions. This style is often called

: evidence-driven

The outcome of an experiment in the United States allowing juries to discuss issues in the case while the trial was ongoing can BEST be expressed as

: Jurors violated the rules but the effects did not appear to impact the verdicts

The research evidence used by the U. S. Supreme Court in to support the departure from 12-person juries appears to be weak as well as misconstrued.

Williams v. Florida

Which factor is NOT one of the findings of Saks's research on smaller versus larger juries?

Larger juries take less time to deliberate

According to the text, researchers found that judges accepted the recommendation of a parole officer _____ percent of the time.

84

The legal background of most judicial appointments to the Ontario Court of Justice is

: Private Practice

Today, women represent about _____ percent of all federally appointed judges in Canada and minorities represent about ______ percent.

33; 2

Which is NOT a stage in the traditional deliberation process?

remediation

Which statement about provincial Review Boards is FALSE?

They are made up of a judge, a physician and a police officer with training in mental health.

Which is NOT one of the criminal legal competencies outlined in the text?

competency to waive a jury trial

Which explanation of fitness and competency is FALSE?

Fitness to stand trial in the United States is called ―sanity qualified.

According to the text, of the offenders diagnosed in Canada between 1992 and 2004, _____ percent had dual diagnoses.

29

According to the authors, the most common diagnosis for suspects NCRMD or unfit to stand trial is

: schizophrenia

Mental health clinicians, the text explains, use the most recent version of the Diagnostic and Statistical Manual of Mental Disorders to work from, which is the edition.

5th

Which statement is FALSE concerning suspects referred for competency evaluation in Canada?

Researchers project a slight decrease in the annual admissions to Review Boards.

Which is NOT one of the characteristics of those unfit to stand trial?

above-average intelligence

It is estimated that ____ percent of women experience postpartum depression.

15

Which statement about adolescent competency to stand trial is FALSE?

A fitness requirement for those 12 to17 years old is addressed in the Youth Criminal Justice Act.

Rex v. Arnold was famous in insanity law as it provided courts the use of

: the wild beast test

The BEST description of the standard of a diseased mind is that the defendant

: is quite unaware of the nature, character and consequence of an act committed.

In the Supreme Court established law governing the defence of automatism.

R. v. Stone

Which was NOT one of the outcomes of Winko v. British Columbia (Forensic Psychiatric Institute)?

The justices changed policy so that NCRMD is a type of conviction entered into record.

A study of maternal filicide cases in Quebec found that ____ percent of the women had a psychiatric motive and ____ had had previous psychiatric treatment for depression or psychosis.

85; most

A drug that can interfere with the development of a fetus is called a(n)

: teratogen

Which statement about Canada's insanity law is FALSE?

Prior to 1992, those using the insanity defence were automatically released after 10 years.

Deficits related to fetal alcohol spectrum disorder such as problems of planning, problem solving and inhibition are referred to as impairments in functioning.

executive

Which statement regarding automatism is FALSE?

In R. v. Stone, the insane automatism defense was successful and the defendant was acquitted in the manslaughter of his wife.

Which is NOT one of the characteristics of individuals with fetal alcohol spectrum disorder as explained in the text?

They equal non-FASD but high-risk youth in terms of fitness to stand trial impairments.

According to the authors, testimony on whether a defendant is unfit to stand trial or NCRMD is often called testimony.

ultimate issue

Which statement concerning characteristics shared by defendants judged to be NCRMD is FALSE?

They are usually men who have not previously committed a violent crime.

Which scale is NOT one of those used within the Rogers Criminal Responsibility Assessment Scales (R-CRAS) when determining NCRMD?

psycholegal abilities

Traditionally, an expert would not testify directly on whether a defendant was unfit to stand trial or NCRMD; instead they were only to address three questions. Which is NOT one of those questions?

What is the likelihood that the person will be effectively treated and no longer pose a threat to society?

It is estimated that the insanity defense is used in about ____ percent of all felony cases.

1

According to the text, which is NOT a finding of the 2009 Department of Justice poll on the treatment of defendants found unfit to stand trial and NCRMD?

More than half felt that NCRMD was a more serious mental health problem with less hope for release than UST.

Of all cases where the insanity defence is used, it is successful in about _____ percent.

25

Which is NOT a myth related to NCRMD cases?

Most psychological experts agree on diagnoses of schizophrenia in defendants.

According to the authors, in cases where the insanity defense has been used successfully, it is most often because

: the defence and the prosecution agreed beforehand that it was appropriate.

Which was NOT a finding from follow-up studies of NCRMD outcomes in Canada?

The average period that an NCRMD defendant stayed under the supervision of the Review Board was six years.

Fitness to stand trial tests have specific legal goals different from standard psychological instruments and for that reason they belong to a group called instruments.

forensic assessment