The Color of Justice Race Ethnicity, And CrimeIn America 5th Edition by Samuel Walker – Test Bank

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CHAPTER 6 TEST BANK

Justice on the Bench?

Trial and Adjudication in Criminal Court

Multiple Choice

6.1 In __________, the USSC struck down as “purposeful discrimination” one state’s

rejection of African Americans for jury duty because they were “not intelligent,

experienced, or moral enough to serve as jurors.”

a. Neal v. Delaware (1882) c. Batson v. Kentucky (1986)

b. Strauder v. West Virginia (1880) d. Whitus v. Georgia (1967)

ANS: A

REF: 246

LO: 1

6.2 The USSC’s ruling in __________ rejected the systematic exclusion requirement

articulated in Swain v. Alabama (1965):

a. Neal v. Delaware (1882) c. Batson v. Kentucky (1986)

b. Strauder v. West Virginia (1880) d. Whitus v. Georgia (1967)

ANS: C

REF: 254

LO: 1

6.3 The USSC first addressed racial discrimination in jury selection in:

a. Neal v. Delaware (1882) c. Batson v. Kentucky (1986)

b. Strauder v. West Virginia (1880) d. Whitus v. Georgia (1967)

ANS: B

REF: 245

LO: 1

6.4 In __________, the USSC struck down the “random” selection of jurors from tax books

in which the names of white taxpayers were in one section and the names of African

American taxpayers were in another.

a. Neal v. Delaware (1882) c. Batson v. Kentucky (1986)

b. Strauder v. West Virginia (1880) d. Whitus v. Georgia (1967)

ANS: D

REF: 246

LO: 1

786.5 States do not obtain names of potential jurors from which of the following:

a. voter registrations lists. c. automobile registration lists.

b. property tax rolls. d. robo call lists.

ANS: D

REF: 248

LO: 1

6.6 The phrase playing the race card refers to:

a. emphasizing a racial difference between the defendant and the victim.

b. appeals to racial sentiment.

c. a defense attorney alleging racial bias by the arresting officer.

d. an African American defendant being represented by a white attorney.

ANS: B

REF: 266

LO: 5

6.7 In __________, the USSC reversed a death sentence murder conviction because the

district attorney asked the jury commissioner to limit the number of African Americans

and women on the master lists from which potential jurors were chosen.

a. Purkett v. Elem (1995) c. Amadeo v. Zant (1988)

b. Avery v. Georgia (1953) d. U.S. v. Ovalle (1998)

ANS: C

REF: 246

LO: 1

6.8 In __________, a U.S. Court of Appeals held that a plan to subtract the names of white

prospective jurors until the proportion of racial minorities in the pool matches the

proportion in the population violated the equal protection rights of white jurors.

a. Purkett v. Elem (1995) c. Amadeo v. Zant (1988)

b. Avery v. Georgia (1953) d. U.S. v. Ovalle (1998)

ANS: D

REF: 251

LO: 1

6.9 In __________, the USSC ruled a Georgia county’s practice of putting the names of

white potential jurors on white cards and African American potential jurors on yellow

cards, then “randomly” drawing cards to determine who would be summoned for jury

duty, as unconstitutional.

a. Purkett v. Elem (1995) c. Amadeo v. Zant (1988)

b. Avery v. Georgia (1953) d. U.S. v. Ovalle (1998)

ANS: B

REF: 246

LO: 1

796.10 In __________, the USSC held that, in assessing the racial neutrality of a prosecutor’s

peremptory challenge, the trial court was required to evaluate the genuineness of the

prosecutor’s explanation, not its reasonableness.

a. Purkett v. Elem (1995) c. Amadeo v. Zant (1988)

b. Avery v. Georgia (1953) d. U.S. v. Ovalle (1998)

ANS: A

REF: 257

LO: 1

6.11 In cases like Hernandez v. State, Texas argued there was no discrimination against

Mexican-American because:

a. they did not meet IQ requirements c. they are white

b. they said so d. they are not citizens

ANS: C

REF: 247

LO: 1

6.12 Randall Kennedy argues that race conscious jury selection could have _____

consequences.

a. unintended c. beneficial

b. progressive d. intended

ANS: A

REF: 251

LO: 6

6.13 It is clear that lawyers ______ take the race of the juror into consideration during the jury

selection process

a. always c. do not

b. never d. do

ANS: D

REF: 252

LO: 2, 3

6.14 While Batson seemed to offer hope that the goal of a representative jury was attainable,

an examination of cases decided since 1986 suggests:

a. otherwise

b. c. that reforms continue to improve

that the situation issue solved

d. that Batson was meaningless

ANS: A

REF: 255

LO: 2

806.15 a. b. c. d. ANS: A

REF: 257

LO: 3

In theory, the peremptory challenge is used to achieve:

a fair and impartial jury

the best jury for the defense

the best jury for the state

a jury that is representative

6.16 The reality is that both sides use their peremptory challenges to:

a. “create balance”

b. “stack the deck”

c. “seat a fair and impartial jury”

d. “help their client”

ANS: B

REF: 257

LO: 3

6.17 Concerns about false convictions also are based on research showing not only that a

disproportionate number of those exonerated have been racial minorities but that the

disparity is particularly stark in cases of:

a. inter-racial sexual assault

b. intra-racial sexual assault

c. inter-racial theft

d. intra-racial theft

ANS: A

REF: 264

LO: 2

6.18 Although appeals to racial sentiment—that is, “playing the race card”—are not unusual in

U.S. courts, they are rarely used by defense attorneys representing _________ accused of

victimizing whites.

a. African Americans c. whites

b. Asians d. Latinos

ANS: A

REF: 266

LO: 6

6.19 A basic tenet of criminal law is that individuals are entitled to equal treatment at trial and

that juries should not be asked to convict someone because of that person’s race, color,

creed, or:

a. criminal activity c. national origin

b. education d. personality

ANS: C

REF: 268

LO: 4

816.20 Jury nullification, which has its roots in English common law, occurs when a juror

believes that the evidence presented at trial establishes the defendant’s guilt but

nonetheless votes to ______.

a. acquit c. convict

b. punish d. abdicate

ANS: A

REF: 271

LO: 4

6.21 If a jury votes unanimously to acquit, the double jeopardy clause of the ____ Amendment

prohibits reversal of the jury’s decision.

a. Thirteenth c. Sixth

b. Fifth d. Nineteenth

ANS: B

REF: 271 `

LO: 4

6.22 The Supreme Court decisions discussed in the chapter have made it more difficult for

states to discriminate overtly on the basis on race or ethnicity, the procedures used to

select the jury pool are:

a. not racially neutral c. based on IQ

b. racially neutral d. based on equality

ANS: A

REF: 248

LO: 2

6.23 Jury pools tend to underrepresent racial and ethnic minorities and those who are:

a. rich c. well educated

b. urban dwellers d. poor

ANS: D

REF: 249

LO: 2

6.24 Physically handicapped persons shall serve except where the court finds such service is

not _____.

a. feasible c. necessary

b. fun d. easy

ANS: A

REF: 249

LO: 2

826.25 Jurors must be __ years old.

a. 21 c. 18

b. 13 d. 16

ANS: C

REF: 249

LO: 2

True/False

6.26 The state of Delaware once rejected African Americans for jury duty because they were

“not intelligent, experienced, or moral enough to serve as jurors.”

a. True b. False

ANS: A

REF: 245

LO: 1

6.27 The U.S. Supreme Court first addressed racial discrimination in jury selection in Neal v.

Delaware (1882).

a. True b. False

ANS: B

REF: 245

LO: 1

6.28 “Random” selection of jurors from tax books in which the names of white taxpayers were

in one section and the names of African American taxpayers were in another was struck

down in Strauder v. West Virginia (1880).

a. True b. False

ANS: B

REF: 246

LO: 1

6.29 Appeals to racial sentiment are referred to as “playing the race card.”

a. True b. False

ANS: A

REF: 266

LO: 5

836.30 The U.S. Supreme Court reversed a death sentence murder conviction because the district

attorney asked the jury commissioner to limit the number of African Americans and

women on the lists from which potential jurors were chosen in Avery v. Georgia (1953).

a. True b. False

ANS: A

LO: 1

REF: 246 THE CORRECT ANSWER IS: B. FALSE

6.31 A U.S. Court of Appeals upheld a plan to subtract the names of white prospective jurors

until the proportion of racial minorities in the pool matches the proportion in the

population violated the equal protection rights of white jurors in Purkett v. Elem (1995).

a. True b. False

ANS: B

REF: 251

LO: 1

6.32 To prevent selecting African Americans for their jury pool, a Georgia county put names

of white potential jurors on white cards and African American potential jurors on yellow

cards, then “randomly” drew cards to determine who would be summoned for jury duty.

a. True b. False

ANS: A

REF: 246

LO: 1

6.33 The racial neutrality of a prosecutor’s peremptory challenge should be evaluated based on

the genuineness of the prosecutor’s explanation, not its reasonableness.

a. True b. False

ANS: A

REF: 257

LO: 3

846.33 In McCormick v. South Dakota (1991), the U.S. Supreme Court articulated the doctrine

requiring a racially mixed jury in all criminal proceedings.

a. True b. False

ANS: B

REF: 245

LO: 1

6.34 Although U.S. Supreme Court decisions have made it more difficult for states to

discriminate overtly on the basis on race, the procedures used to select the jury pool are

not racially neutral.

a. True b. False

ANS: A

REF: 248

LO: 2

6.35 “Race-conscious jury selection” is a controversial approach to increasing racial diversity

in jury pools.

a. True b. False

ANS: A

REF: 250

LO: 2

Fill-In

6.36 ANS: conscience

REF: 245

LO: 1

In serious criminal cases, the jury serves as the __________ of the community.

6.37 The Strauder Court ruled that a West Virginia statute limiting jury service to white males

violated the __________ clause of the Fourteenth Amendment.

ANS: equal protection

REF: 245

LO: 1

856.38 Since the mid-1930s, the Supreme Court has consistently has struck down techniques

used to __________ the requirement of racial neutrality in the selection of the jury pool.

ANS: circumvent

REF: 246

LO: 1

6.39 State and federal jurisdictions have experimented with a number of techniques for

increasing the racial __________ of the jury pool.

ANS: diversity

REF: 250

LO: 2

6.40 A controversial approach to increasing racial diversity in jury pools is termed “race-

__________ jury selection.”

ANS: conscious

REF: 250

LO: 2

6.41 Massachusetts pioneered the use of __________ lists rather than lists of registered voters

in an attempt to increase the racial diversity of the jury pool.

ANS: resident

REF: 250

LO: 1

6.42 The requirement that the jury should be drawn from a representative cross-section of the

community applies only to the selection of the jury __________

, not to the selection of

individual jurors for a particular case.

ANS: pool

REF: 252

LO: 1

6.43 __________ attorneys assume that racial minorities will be more inclined than whites to

convict white defendants.

ANS: Defense

REF: 252

LO: 3

6.44 ANS: Prosecuting

REF: 252

LO: 3

__________ attorneys assume that racial minorities will side with minority defendants.

866.45 Once the defendant makes a __________ case of racial discrimination, the burden shifts

to the state to provide a racially neutral explanation for excluding African American

jurors.

ANS: prima facie

REF: 255

LO: 3

Essay

6.46 Explain what a peremptory challenge is and why it is legal to use such challenges in a

racially discriminatory manner.

ANS:

REF: 252

LO: 3

6.47 Discuss the various techniques described in the text for increasing the racial diversity of

the jury pool.

ANS:

REF: 248

LO: 3

6.48 Discuss the various ploys some states have used to circumvent the requirement of racial

neutrality in the selection of jury pools.

ANS:

REF: 246

LO: 2

6.49 ANS:

REF: 250

LO: 2

6.50 Explain the controversy regarding race-conscious jury selection.

Explain why, 21 years after Swain, the U.S. Supreme Court rejected its own ruling

regarding systematic exclusion with its holding in Batson v. Kentucky (1986).

ANS:

REF: 254

LO: 1

87