1. The first prong of the two–pronged test to establish a claim of ineffective counsel requires the defendant to show:
a. representation falling below an objective standard of reasonableness.
b.
representation
whose
incompetence
“shocks the conscience.”
c. representation falling below community standards of excellence.
d. representation that resulted in an unfavorable outcome.
2. Escobedo v. Illinois (1964) held that:
a. no Miranda warning is required during a stop and frisk.
b. Miranda does not need to be given by private police.
c. an individual being investigated by police may not be denied counsel.
d. indigent defendants are entitled to a lawyer when seeking an appeal.
3. The Star Chamber was:
a. the old Supreme Court chamber located in the U.S. Capitol.
b. an English court that tried people in secret with no regard to due process.
c. a group of highly revered lawyers who drafted the Sixth Amendment.
d. an 1880s theatrical group that taught the public the true meaning of “due process.”
4. Massiah v. United States (1964) held that a critical stage requiring a lawyer includes when a defendant is:
a. made aware a crime has been committed.
b. approached by the police.
c. determined to be indigent.
d. charged with a crime.
5. A
statement
obtained in violation of a person’s
constitutional
rights will only be
permitted
in court to:
a. corroborate the defendant’s protestations of innocence.
b. impeach the
defendant’s
perjured testimony at trial.
c. impeach defense witnesses during cross-examination.
d. provide aggravating factors in the sentencing phase.
6. In Brewer v. Williams, the Christian Burial Speech case (involving the search for the body of a missing girl), the
Supreme Court determined there was:
a. an inevitable articulation exception to the Sixth Amendment.
b. a deliberate elicitation of an incriminating statement.
c. the functional equivalent of interrogation.
d. intimidation resulting in an involuntary statement.
7. The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to
counsel at:
a. every critical stage during a criminal proceeding.
b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
d. any stage in the criminal investigation.
8. Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at in
which the sentence has been deferred.
a. inmate disciplinary hearings b. probation revocation hearings
c. hearings before a parole board d. inmate grievance boards
9. A waiver of one’s Sixth
Amendment
right to counsel must be all of the
following,
except:
a. in writing. b. knowing.
c. voluntary. d. intelligent.
10. Ineffective assistance of counsel claims can be based on the:
a. gravity of the offense charged.
b. accessibility of witnesses for the defense.
c. failure to take normal and routine steps before trial.
d. counsel’s
inexperience
compared to the complexity of the case.
11. Whether a trial is sufficiently speedy is determined by the length of the delay, the reason for the delay,
, and the harm caused.
a. court review of the facts b. the
prosecution’s
waiver of the right
c. the relevance of the delay d. the
defendant’s
assertion of this right
12. One Sixth Amendment guarantee is:
a. the defendant’s right to confront adverse witnesses.
b. having all court proceedings on the record.
c. having an independent investigation.
d. indictment by a grand jury.
13. The case establishing that indigent defendants accused of a felony must be provided a lawyer was:
a. Barker v. Wingo. b. Powell v. Alabama.
c. Gideon v. Wainwright. d. Argensinger v. Hamlin.
14. Which is not one of the reasons the Sixth Amendment requires a speedy trial:
a. uncertainty about the outcome causes undue stress.
b. some defendants remain in jail because they cannot afford or have been denied bail.
c. the government incurs additional expenses.
d. cases generally improve with more time.
15. The test used by courts when determining whether pretrial identification procedures were constitutional is the:
a. harmless error test b. totality of the circumstances test
c. preponderance of the evidence test d. undue influence test
16. The Sixth Amendment guarantees a right to counsel during:
a. civil proceedings. b. hostile contractual negotiations.
c. criminal proceedings. d. any and all court proceedings
17. The Supreme Court has never incorporated this segment of the Sixth Amendment to apply to the states, although
it does fall within the due process clause of the Fourteenth Amendment.
a. Being informed of the accusation. b. Right to a jury trial.
c. Right to compulsory process. d. Confrontation rights.
18. The case establishing that indigents must be provided an attorney if they have been accused of misdemeanor
offenses and the penalty could include incarceration is:
a. Barker v. Wingo. b. Powell v. Alabama.
c. Gideon v. Wainwright. d. Argensinger v. Hamlin.
19. Gideon v. Wainwright established that indigent defendants are to be provided lawyers when faced with a(n):
a. custodial interrogation
b. deprivation of liberty
c. period of incarceration exceeding one year
d. adversary criminal proceeding
20. The Supreme Court held that denying legal counsel for a defendant at trial in a capital case was a denial of due
process in:
a. Barker v. Wingo b. Powell v. Alabama.
c. Gideon v. Wainwright. d. Argensinger v. Hamlin.
21. Which of the
following
is not a
“critical
stage”
requiring
the Sixth
Amendment
right to counsel?
a. At sentencing.
b. At the arraignment.
c. During post-indictment identifications.
d. Investigation prior to suspect being charged.
22. Potential jurors are questioned by both sides to determine impartiality in a process called:
a. peremptory challenging b. jury nullification
c. voir dire d. habeus juris
23. A peremptory challenge seeks to remove a potential juror for:
a. lack of knowledge or intelligence. b. bias for the defendant.
c. bias against the defendant d. any reason whatsoever.
24. In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels. b. the first appeal at the state level only.
c. the first appeal at the federal level only. d. all appeals.
25. Which is not one of the factors a court would use in determining witness reliability in show–up identifications?
a. Opportunity to view defendant during crime.
b. Level of attention witness was paying.
c. Level of intelligence the witness demonstrates.
d. The
witness’
level of
certainty
in his or her identification.
26. Which is not one of the three conditions set forth in Faretta v. California that must be met before a person can
represent him or herself?
a. awareness of the right to counsel. b. valid waiver
c. competency d. legal knowledge
27. The Sixth
Amendment
right to a public trial requires a balance with the public’s rights.
a. First Amendment b. reasonable access.
c. the Fifth Amendment. d. compelling public interest
28. The Wade–Gilbert Rule requires that a lawyer be present during:
a. post–indictment lineups. b. the arraignment.
c. the preliminary hearing. d. pre–indictment lineups.
29. For prisoners, cases based on Sixth Amendment rights involve the right to a speedy trial and the problem of:
a. extradition b. detainer
c. incarceration d. inter–facility transfer
30. The Supreme Court applied Sixth Amendment rights to juveniles in:
a. In re Winship b. California v. Hodari D
c. In re Gault d. Brewer v. Williams
31. The Sixth Amendment embodies the concept of due process.
a. True
b. False
32. Perhaps the most important “speedy trial” issue is whether the defendant was unduly harmed by the delay.
a. True
b. False
33. In Codispoti v. Pennsylvania (1994), the Supreme Court has held that only more serious offenses require a jury
trial, which means if any period of incarceration is a possibility.
a. True
b. False
34. The United States operates its juvenile justice system under the parens patriae model where juveniles have no
constitutional rights during adjudication.
a. True
b. False
35. Representing oneself does not preclude a later claim of ineffective assistance of counsel.
a. True
b. False
36. The Sixth Amendment right to counsel is violated if police intentionally create a situation likely to result in an
incriminating statement when that right has not been waived.
a. True
b. False
37. The right to counsel attaches when a person faces custodial interrogation.
a. True
b. False
38. The right to counsel extends not only to the trial, but to all subsequent appeals.
a. True
b. False
39. The right to counsel is the only Sixth Amendment guarantee which extends beyond the trial.
a. True
b. False
40. The Sixth Amendment requires that the trial occur in the district in which the crime was committed.
a. True
b. False
41. The first two requirements for a criminal trial are that it be speedy and .
42. The Sixth Amendment provides the accused with an attorney not only during trial but also at every
of the criminal prosecution.
43. The geographic location of a trial is known as its .
44. Individuals may appear in court without an attorney, representing themselves, the Latin term for which is
.
45. The Sixth Amendment right to counsel presumes counsel is .
46. Impaired identification is a situation in which people of another race have difficulty recognizing
facial attributes of other races.
47. In Texas v. Cobb, the Supreme Court ruled that the Sixth Amendment right to counsel is –specific,
applying only to the crime charged.
48. A document filed against an inmate who has other criminal charges filed against him or her is called a
.
49. A identification procedure is when only one individual is shown to the victim or witness.
50. The Sixth Amendment requires an impartial and jury.
51. Discuss the evolution of the right to be represented by an attorney during a criminal trial.
52. List the five factors used to determine witness reliability in pre–trial identification procedures.
53. List the rights guaranteed by the Sixth Amendment.
54. Discuss how the Sixth Amendment interacts with the First Amendment.
55. Explain what factors are considered when a defendant waives the right to counsel.
56. A potential jury is known as a voir dire.
a. True
b. False
57. A jury panel is called a venire.
a. True
b. False
58. A person might waive their right to a jury trial and select having the case heard before only a judge without a jury.
a. True
b. False
59. Jury nullification is when a jury acquits a defendant even though the jurors believe that the person is guilty.
a. True
b. False
60. A defendant always has the right to a trial by jury.
a. True
b. False
61. The Sixth Amendment guarantees the right of an accused to face witnesses in court so the defendant can confront
them. Why does the Sixth Amendment require this? Courts have also held that a victim’s statement to the police
about who had killed him can be admitted at trial, even if the victim dies of his wounds before trial. If the right to
confront witnesses is so important, why would the courts allow the statement of a deceased victim to be admitted at
trial? Do you agree with allowing such testimony to be admitted? Why or why not?
62. An out-of-court statement used to prove the truth of the matter asserted is known as .
63. A
the court. requires an individual to appear in court to testify, or bring documents or other physical evidence to
64. If the state does not provide a specific attorney to assist a defendant in a capital case until the day of trial, the
defendant is being denied .
65. Gideon v. Wainwright established that
deprivation of liberty.
defendants are to be provided lawyers when faced with a
66. Any step during a criminal investigation in which the accused‘s rights may be affected by the absence of legal
representation is known as a .
67. After a defendant has been
subsequent questioning.
a. seen at a crime scene
b. charged with a crime
c. named as a person of interest
d. concerned about arrest
and obtained an attorney, that attorney must be present during any
68. When the police use purposeful yet covert methods to secure incriminating statements, they are engaged in
a. deliberate elicitation.
b. jury selection.
c. inevitable discovery.
d. fruit of the poisonous tree efforts.
69. Unlike Miranda, the case applies whether the suspect is in or out of custody.
a. Gideon
b. Merryman
c. Rutledge
d. Massiah
70. This occurs when the victim or witness is shown several people, including the suspect.
a. a showup
b. a blind lineup
c. a stop and frisk
d. a lineup
71. Identification procedures are not critical stages of criminal proceedings if they are
Sixth Amendment right to an attorney.
a. post arraignment
b. accomplished in the presence of a judge
c. preindictment
d. done at a police station
, so there is no
72. Assume that you were a member of a prosecution team that successfully convicted a man of premeditated murder
10 years ago. A new defense attorney for the convicted individual uncovers a witness statement in a case file that
suggests that someone else, other than his client, might have committed the killings. The statement was accidentally
filed in another case file with a felon with the same last name. An angry member of the victim’s family just barged
into your office after hearing about the new statement. What would you say?
73. Public defenders are employed by the government to ensure everyone’s Sixth Amendment right to counsel is met,
particularly those who cannot afford their own lawyer. You have just graduated from law school and are a brand-
new public defender. Your first client is charged with armed robbery and, during your first meeting with her, she
says, “I thought I was entitled to the best attorney available?” Explain to client what she is entitled to in terms of
effective assistance in her criminal trial.
74. Your best friend is facing a criminal trial for leaving the scene of an accident and DUI. She can’t really afford to hire
an attorney specializing in these offenses and wonders if she can defend herself in a trial. Can she? Why or why
not? Should she?
75. Witness identification of a suspect is very important to investigations and is compelling evidence in a criminal trial.
We have all seen the police lineups in movies, where individuals are led into a room to stand facing a two-way mirror
allowing a victim or witness to pick out the individual they saw at the scene of the crime. The people in the lineup are
selected to closely match the physical characteristics of the suspect and the procedure must not be done in such a
way as to be unduly suggestive of who the suspect is. However, sometimes the police take a suspect to a victim’s
hospital room or simply bring a suspect to a crime scene and show him or her to witnesses. This show-up usually
occurs immediately or shortly after a crime has occurred. This procedure is certainly more suggestive than a lineup,
since there is only one person being brought before the witness. Why do you think the courts allow show-ups, but will
review lineups to make sure they are not too suggestive? Is this really fair?