Ch 18 Critical Thinking Use Ch 18 of the textbook to fill in the blank with the correct number answer. 1 10 points P4 Read the scenario and answer the five questions that follow. Famous football star Oxford Jack Wilson is about to stand trial for murdering his brother-in-law, a man who had also served as his agent and accountant. Just before jury selection is about to begin, you are hired as a consultant to assist his legal team. You immediately offer three suggestions. Your first is that the legal defense team attempt to get as many menpreferably football fanson the jury as possible. Your next suggestion is to make sure that the courtroom is packed with members of the media, in the hope of making Oxford Jack appear to be a celebrity. Your final suggestion is that the attorneys do whatever they can to have potentially-damaging DNA evidence excluded before trial. The lawyers get to work on immediately implementing your ideas. The attempt to exclude women from the jury could be deemed inconsistent with the principles articulated in what Supreme Court case? 1. Crawford v. Washington 2. Sheppard v. Maxwell 3. Taylor v. Louisiana 4. Itwould not run afoul of any Supreme Court precedent Answer type your answer... If prosecutors attempt to exclude African-Americans from the jury by use of peremptory challenges, then: 1. This would not be grounds for appeal, as per the Supreme Court's ruling in Batson v. Kentucky 2. This would not be grounds for appeal, as only gender discrimination is grounds for appeal 3. The precedent in Taylor v. Louisiana would be directly applicable to the matter at hand 4. This could serve as grounds for appeal, as per the Supreme Court's ruling in Batson v Kentucky Answer | type your answer... If the media that pack the courtroom become unruly and detract from the orderly procession of the trial, the Supreme Court's decisions in Sheppard v. Maxwell and Richmond Newspapers, Inc. v. Virginia, indicate that which of the following statements is true: 1. Thereis absolutely nothing that the judge can do, because there is a right to a public trial and a First Amendment right to freedom of the press. 2. Although there is a presumption of openness, a judge has some discretion for excluding the press, particularly if there is a prejudicial impact on the defense. 3. Ajudge has a very low burden to meet in deciding when to exclude press from the courtroom, as the First Amendment rights at stake are not significant. 4. All of these statements are false ANSWer type your answer... Let's say that the DNA evidence in this case was derived from a small sample of blood that had to be genetically replicated before it could be tested. The technique for doing 50 has not achieved \"general acceptance\" in the scientific community, but it is a testable and could be subjected to peer review. Evaluate these statements: 1) In a state that uses the Frye standard, the evidence is likely to be excluded at trial; 2) In a state that uses the Daubert standard, there is a chance that the evidence could be permitted at trial. 1. Statement 1is true; Statement 2 is false. 2. Both statements are true. 3. Both statements are false. 4. Statement 2 is true; Statement 1 is false Answer | type your answer... The opportunity for lawyers to ask questions of prospective jurars to determine whether they may or may not be football fans with previous perceptions of the defendant would occur during: 1. apreliminary hearing 2. cross-examination 3. voir dire 4. closing arguments ANSWEr type your answer... 10poins Read the scenario and answer the five questions that follow. The trial of famous football star Oxford Jack Wilson, accused of Killing his brother-in-law, is underway. Prosecutors, frustrated by a pre-trial decision that excluded their key DNA evidence, begin taking some risks. On direct examination, they ask a doctor the following question: \"So when you read a report of DNA results from the night of the murder, you saw that the defendant's DNA matched blood evidence at the scene, correct?\" Next, while questioning a police officer on direct examination, the prosecutors play an audiotape of a phone conversation between Oxford Jack's wife and her now-deceased brother. This audiotape includes the wife discussing fears that her husband might be a violent man. However, Oxford Jack's wife is not actually able to appear in person because she has fled the country, fearing for her safety. Finally, during closing arguments, the prosecutor refers to Oxford Jack as a \"monster both on and off the football field.\" Answer the following questions about what has taken place in this trial. As to the prosecutor's comment made during closing argument: 1. This is acceptable; a prosecutor can say whatever they want during closing. 2. This is grounds for a judge to admonish the prosecutor and to instruct a jury to disregard the remark. 3. This is irrelevant information to the case, but a judge is powerless to rectify the problem, as the case has technically concluded by that point. 4. This type of comment is acceptable only if the prosecutor is offering a rebuttal to comments made during defense closing ANSWer type your answer... Which of the following is the most likely grounds for defense counsel to invoke when objecting to the question asked of the doctor? 1. hearsay 2. Asks for an opinion 3. Leading question 4. Best Evidence Rule ANsSwer type your answer... The playing of the audiotape is likely to be excluded as a violation of: 1. Clergy-Penitent Privilege 2. Attorney-Client Privilege 3. Spousal Privilege 4. No privilege would apply here because we can assume the wife would want it played. ANsSwWer type your answer... The audiotape could also be problematic for violating which of the following: 1. The 6th Amendment, provided that it is considered testimonial evidence 2. The 6th Amendment, whether it is considered testimonial evidence or not 3. The Sth Amendment, whether it is considered testimonial evidence or not 4, The 8th Amendment, provided that it is considered testimonial evidence ANSWEr type your answer... There is away that a clever prosecutor might be able to include the audiotape. This would have to rely upon: 1. Davis v. Washington and the presumption that non-testimonial evidence is involved 2. Crawford v. Washington, and the fact that the witness is not available 3. The Daubert standard for scientific evidence 4. The notion of a public trial, as discussed in Sheppard v. Maxwell Answer type your