Kanovitz: Manual site for Constitutional Law, 13th Edition
Chapter 08: Right to Counsel
Multiple Choice
1. This case was the first to recognize the indigent person’s right to appointed counsel:
a. Powell v. Alabama
b. Gideon v. Wainwright
c. Faretta v. California
d. Cayler v. Sullivan
2. This case extended the right of the indigent person’s right to appointed counsel to the
states:
a. Powell v. Alabama
b. Gideon v. Wainwright
c. Faretta v. California
d. Cayler v. Sullivan
3. Defendants wishing to represent themselves must:
a. be advised of the dangers and disadvantages of self-representation
b. prove that they are mentally competent to make the decision
c. be advised of their Sixth Amendment rights
d. all of the above
4. In order for an event to be considered confrontation, the following parties must be
present:
a. government and witnesses
b. witnesses, the accused, and counsel
c. government and the accused
d. crime lab staff and the government representative
5. The following proceedings have been recognized as critical stages, entitled to Sixth
Amendment protection, except for:
a. arraignments
b. bail hearings
c. custodial arrests
d. preliminary hearings
6. Under the Sixth Amendment, lawyers can do the following during interrogations:
a. limit the subjects that can be covered
8-2
b. consult with the accused in private
c. instruct clients not to answer questions
d. all of the above
7. The Sixth Amendment protection for photographic identification:
a. applies only after the initiation of prosecution
b. requires the presence of counsel or a valid waiver
c. both a & b
d. none of the above
8. Showup identification is used:
a. to narrow the focus of an investigation in cases in which the witnesses and police
are uncertain of the offender’s identity
b. when swift action is not necessary to confirm that police have apprehended the
right person
c. when swift action is necessary to confirm that police have apprehended the right
person
d. none of the above
9. Provisions stemming from the following govern pretrial identification:
a. Fourth Amendment
b. Sixth Amendment
c. due process
d. all of the above
10. The following is permissible under a Terry stop:
a. showups
b. lineups
c. both a & b
d. none of the above
11. Gideon v. Wainwright was a milestone in American constitutional jurisprudence
because it was the first case to:
a. recognize an obligation on the part of the government to provide counsel for
indigent criminal defendants.
b. articulate the “critical stage” concept.
c. hold that the Sixth Amendment requires states to appoint counsel for indigent
defendants facing felony charges.
d. hold that indigent defendants have a right to counsel during lineups.
12. The Sixth Amendment has been interpreted to grant indigent defendants the right to
have counsel appointed to represent them:
a. in all criminal prosecutions, both state and federal.
b. in all situations in which non-indigent defendants have the right to be assisted by
retained counsel.
c. during the first appeal of a conviction.
d. before being compelled to participate in any witness identification proceedings.
True/ False
13. Sixth Amendment protection stems from English Common Law.
a. True
b. False
14. The Sixth Amendment right to appointed counsel extends to the appeals process and
habeas corpus hearings.
a. True
b. False
15. Sixth Amendment protection attaches only after criminal prosecution has been
initiated.
a. True
b. False
16. Fillers (non-suspects) for use in photographic identification procedures do not need to
match the witness’s description of the suspect.
a. True
b. False
17. Police may not require the presence of the accused at a lineup or showup without a
valid waiver or presence of counsel upon the initiation of prosecution.
a. True
b. False