QUESTION: 69

Juror anonymity was unknown to American common law and jurisprudence in the country’s first two centuries. Anonymity was first employed in federal prosecutions of organized crime in New York in the 1980's. Although anonymous juries are unusual since they are typically only empanelled in organized-crime cases, its use has spread more recently to widely publicized cases, such as the federal prosecution of police officers accused of beating Rodney King and the trial of those accused of the 1993 World Trade Center bombing.
In these cases, attorneys selected a jury from a panel of prospective jurors whose names, addresses, ethnic backgrounds and religious affiliations remained unknown to either side. This unorthodox procedure, designed to protect jurors from outside influence and the fear of retaliation, has occasionally been employed in New York federal courts since the trial of drug kingpin Leroy "Nicky" Barnes. Despite apparent benefits, critics assail anonymous juries on the grounds that they are an infringement of the sixth amendment guarantee of an impartial jury and because they present a serious and unnecessary erosion of the presumption of innocence. Since many attorneys believe trials are frequently won or lost during jury selection, any procedure diminishing the role of counsel in the procedure necessitates close scrutiny and criticism. Opponents of anonymous juries argue that the procedure restricts meaningful voir dire, (questioning of the jury panel), and thereby undermines the defendant's sixth amendment right to an impartial jury. Critics also claim that jurors interpret their anonymity as proof of the defendant's criminal proclivity, thereby subverting the presumption of innocence.
However, consistent with due process and the sixth amendment, the trial judge may refuse to ask prospective jurors any questions not reasonably calculated to expose biases or prejudices relevant to the case. Although addresses and group affiliations may indicate significant potential for bias, attorneys do not have an unfettered right to this information in every circumstance. Denying access to these facts may indeed constrain an attorney's ability to assemble an ideal jury, but it violates no constitutional right

The primary purpose of the passage is to

Enumerate reasons why anonymous juries are unconstitutional
Discuss whether anonymous juries are an infringement of the sixth amendment
Identify a shortcoming in a scholarly approach to jurisprudence
Define the concept of anonymous juries and explore efforts taken over the last twenty years to increase their use
Review strategies for ensuring that anonymous juries will not infringe on the constitutional right to a fair trial of one’s peers

Answer(s): B

Explanation:

The best answer is B. The passage introduces the concept of anonymous juries and goes on to discuss their constitutionality.

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QUESTION: 70

Juror anonymity was unknown to American common law and jurisprudence in the country’s first two centuries. Anonymity was first employed in federal prosecutions of organized crime in New York in the 1980's. Although anonymous juries are unusual since they are typically only empanelled in organized-crime cases, its use has spread more recently to widely publicized cases, such as the federal prosecution of police officers accused of beating Rodney King and the trial of those accused of the 1993 World Trade Center bombing.
In these cases, attorneys selected a jury from a panel of prospective jurors whose names, addresses, ethnic backgrounds and religious affiliations remained unknown to either side. This unorthodox procedure, designed to protect jurors from outside influence and the fear of retaliation, has occasionally been employed in New York federal courts since the trial of drug kingpin Leroy "Nicky" Barnes. Despite apparent benefits, critics assail anonymous juries on the grounds that they are an infringement of the sixth amendment guarantee of an impartial jury and because they present a serious and unnecessary erosion of the presumption of innocence. Since many attorneys believe trials are frequently won or lost during jury selection, any procedure diminishing the role of counsel in the procedure necessitates close scrutiny and criticism. Opponents of anonymous juries argue that the procedure restricts meaningful voir dire, (questioning of the jury panel), and thereby undermines the defendant's sixth amendment right to an impartial jury. Critics also claim that jurors interpret their anonymity as proof of the defendant's criminal proclivity, thereby subverting the presumption of innocence.
However, consistent with due process and the sixth amendment, the trial judge may refuse to ask prospective jurors any questions not reasonably calculated to expose biases or prejudices relevant to the case. Although addresses and group affiliations may indicate significant potential for bias, attorneys do not have an unfettered right to this information in every circumstance. Denying access to these facts may indeed constrain an attorney's ability to assemble an ideal jury, but it violates no constitutional right

It can be inferred from the passage that a jurors ethnic background and religious affiliation

Is considered by defendants not to have a significant effect on the outcome of their trials
Is considered by defendants to have a significant effect on the outcome of their trials
Would be unlikely to have a significant effect on the verdict of a trial
Is considered by attorneys likely to have a significant effect on the verdict of a trial
Is considered by attorneys unlikely to have a significant effect on the verdict of a trial in a widely publicized case

Answer(s): D

Explanation:

The best answer is D. In paragraph three it states that many attorneys believe trials are frequently won or lost during jury selection. The passage gives no information on what defendant think about anonymous juries.

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QUESTION: 71

Juror anonymity was unknown to American common law and jurisprudence in the country’s first two centuries. Anonymity was first employed in federal prosecutions of organized crime in New York in the 1980's. Although

anonymous juries are unusual since they are typically only empanelled in organized-crime cases, its use has spread more recently to widely publicized cases, such as the federal prosecution of police officers accused of beating Rodney King and the trial of those accused of the 1993 World Trade Center bombing.
In these cases, attorneys selected a jury from a panel of prospective jurors whose names, addresses, ethnic backgrounds and religious affiliations remained unknown to either side. This unorthodox procedure, designed to protect jurors from outside influence and the fear of retaliation, has occasionally been employed in New York federal courts since the trial of drug kingpin Leroy "Nicky" Barnes. Despite apparent benefits, critics assail anonymous juries on the grounds that they are an infringement of the sixth amendment guarantee of an impartial jury and because they present a serious and unnecessary erosion of the presumption of innocence. Since many attorneys believe trials are frequently won or lost during jury selection, any procedure diminishing the role of counsel in the procedure necessitates close scrutiny and criticism. Opponents of anonymous juries argue that the procedure restricts meaningful voir dire, (questioning of the jury panel), and thereby undermines the defendant's sixth amendment right to an impartial jury. Critics also claim that jurors interpret their anonymity as proof of the defendant's criminal proclivity, thereby subverting the presumption of innocence.
However, consistent with due process and the sixth amendment, the trial judge may refuse to ask prospective jurors any questions not reasonably calculated to expose biases or prejudices relevant to the case. Although addresses and group affiliations may indicate significant potential for bias, attorneys do not have an unfettered right to this information in every circumstance. Denying access to these facts may indeed constrain an attorney's ability to assemble an ideal jury, but it violates no constitutional right
One function of the fourth paragraph of the passage is to

Qualify the extent to which a previously introduced viewpoint may be relevant
Expose the flaw in a criticism put forth in a previous paragraph
Introduce information that supports a theory put forth in a previous paragraph
Support an argument in favor of a given interpretation of a situation
Show the chain of reasoning that led to the conclusions of a specific study

Answer(s): B

Explanation:

The best answer is B. Critics of anonymous juries base their arguments on the fact that these juries are unconstitutional. In the fourth paragraph, the author explains that while anonymous juries may not be ideal, they are not unconstitutional.

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QUESTION: 72

Alexander Calder was one of the most innovative and original American artists of the twentieth century. Calder arrived in Paris in 1926 and devoted himself to a innovative project comprised of animals made out of wire, scraps of cloth, wood, cork, labels, bits of scrap metal and pieces of rubber that he called the Circus. During his performances, Calder invented ways to simulate the flight of birds: “These are little bits of white paper, with a hole and slight weight on each one, which flutter down several variously coiled thin steel wires which I jiggle so that they flutter down like doves.” The Circus was the laboratory of Calder’s work; in it he experimented with new formulas and techniques. By 1930, Calder's Circus had developed into one of the real successes of the Montparnasse art world attracting the attention of such renowned artists as Fernand Leger and Joan Micro.
Encouragement from the upper echelons of the Parisian art scene undoubtedly led him to try more serious experiments in wire sculptures. Calder eventually becoming interested in the movement of objects, some of which he motorized. In 1933, Calder completed Object with Red Discs, a sculpture he described as a two-meter rod with a heavy sphere, suspended from the apex of a wire, giving it a cantilever effect. It had five thin aluminum discs projected at right angels from five wires, held in position by a spherical counterweight. With this new creation, the idea of the mobile was born. In creating a work named Constellations in 1943, Calder explored the plastic possibilities of mobiles; he used small pieces of wood, which he shaped and sometimes painted. From this point on, Calder’s ambition changed focus. He sought more challenging designs. One of Calder’s objectives was to display objects in the air, giving the viewer the experience of finding new skies filled with moving and colored constellations. Calder accomplished this in Acoustic Ceiling (1954). Calder’s humor was evident in such works as Le Bougnat (1959) and The Pagoda (1963). Later, Calder cut fantastic animals from sheet metal, creating La Vache and Elephant (both 1970) and a mobile entitled Nervous Wreck (1976), which represents the red skeleton of a fish. Calder defined volume without mass and incorporated movement and time in art. His inventions, which redefined certain basic principles of sculpture, have established him as the most innovative sculptor of the twentieth century.

According to the passage, which of the following is an accurate statement about Object with Red Discs?

It was the first mobile created by Calder.
It was one of the many mobiles without motors created by Calder.
It was one of the many motorized mobiles created by Calder.
It was the first motorized mobile created by Calder.
It was the first of the many mobiles without motors created by Calder.

Answer(s): A

Explanation:

The best answer is A. According to the passage, Object with Red Discs is Calder’s first mobile. It states that Calder became interested in the movement of objects, some of which he motorized, but there is no information given on whether this particular sculpture was motorized.

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QUESTION: 69

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QUESTION: 71

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QUESTION: 72

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