7.5. American Trial Courts and the Principle of Orality

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Questions

Question 1

According to the principle of orality, what evidence is the trier of fact permitted to consider when making a decision?

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Question 2

Who is identified as the 'trier of fact' in a situation where the defendant waives a jury trial?

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Question 3

What is a major difference between the American adversarial system and the inquisitorial system as described in the chapter?

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Question 4

What is a 'dossier' as the term is used in the context of civil law countries?

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Question 5

According to the chapter, how does the principle of orality distinguish the function of a trial court from that of an appellate court?

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Question 6

What is the primary focus of a trial in many civil law countries, as contrasted with the American system?

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Question 7

Under what specific condition can a jury consider the contents of a police report, according to the principle of orality?

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Question 8

Which action by a jury would be a clear violation of the principle of orality?

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Question 9

The inquisitorial system, which contrasts with the American adversarial system, is said to be generally followed in which regions?

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Question 10

What is the role of the trier of fact in an inquisitorial system when presented with a dossier?

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Question 11

The text states that in a trial, 'the state will present evidence showing facts demonstrating that the defendant committed the crime.' What corresponding action may the defendant take?

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Question 12

What does the principle of orality require jurors to base their decisions on?

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Question 13

Which term best describes the system generally followed by the United States, as mentioned in the chapter?

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Question 14

In the inquisitorial system, who is responsible for creating the dossier of witness summaries?

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Question 15

What is the consequence of the principle of orality for an appellate court's function?

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Question 16

In determining guilt in a civil law country, the trier of fact is presented with what?

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Question 17

Who is the 'trier of fact' in a typical American jury trial?

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Question 18

The trial in civil law countries is described as being more about the defendant's presentation of what kind of evidence?

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Question 19

What is the ultimate purpose of the defendant presenting mitigation evidence in a civil law trial?

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Question 20

The principle of orality is identified as a major difference between which two systems?

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Question 21

What fundamental rule does a juror break if they research a witness online during a trial?

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Question 22

The function of a trial court is described as 'developing the evidence'. What is the corresponding function of appellate courts?

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Question 23

In the American system, what is the primary source of information for the trier of fact?

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Question 24

What is the key difference in how witness information is handled between the adversarial and inquisitorial systems?

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Question 25

If a defendant waives the right to a jury trial, what is the resulting proceeding called?

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Question 26

What does the text imply is the reason for the different focus of trials in civil law countries?

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Question 27

The principle of orality ensures that decisions are based on information that is transparent and tested through what process?

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Question 28

What is a key function of the American trial court that is distinguished from an appellate court?

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Question 29

Which of the following would NOT be considered part of the record that a trier of fact can consider under the principle of orality?

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Question 30

The text contrasts the adversarial system with the inquisitorial system, which is generally followed in countries with what type of legal tradition?

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Question 31

What is the implied role of the trial in an inquisitorial system, given its focus?

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Question 32

The principle of orality restricts the trier of fact to considering information received during which specific phase of the legal process?

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Question 33

Which statement best summarizes the process in an inquisitorial system trial as described in the chapter?

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Question 34

At trial, who presents the evidence demonstrating that the defendant committed the crime?

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Question 35

A key aspect of the American adversarial system is that both the state and the defendant have the opportunity to do what during trial?

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Question 36

The use of a dossier in civil law countries means the trial is less about establishing guilt and more about what?

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Question 37

What is the term for the summaries of witness statements used in inquisitorial systems?

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Question 38

Which entity is NOT listed as a creator of a dossier in civil law countries?

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Question 39

The principle of orality is a key feature of which legal system described in the chapter?

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Question 40

If a judge acts as the trier of fact, what must they, like a jury, base their decision on according to the principle of orality?

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Question 41

What is the primary role of the state at an American criminal trial?

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Question 42

The chapter implies that the main risk of not adhering to the principle of orality is that a decision could be based on what?

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Question 43

In the context of the chapter, what does 'orality' primarily refer to?

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Question 44

Which statement accurately reflects the difference in trial focus between the two systems discussed?

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Question 45

When can the trier of fact NOT consider the contents of a police report?

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Question 46

What is the key limitation imposed on jurors by the principle of orality?

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Question 47

The chapter explains that in civil law countries, the defendant presents mitigation evidence to assist the court with what task?

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Question 48

How is evidence 'developed' in an American trial court?

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Question 49

The principle of orality distinguishes between the function of trial courts and which other courts?

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Question 50

Which of the following phrases from the chapter best defines the core idea of the principle of orality?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary