Kanovitz, Constitutional Law for Criminal Justice, 14th Edition
Multiple-Choice Examination and True/False Questions
Chapter 8: Right to Counsel
Multiple-Choice Questions
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 cases extended the right to court-appointed counsel to indigent criminal defendants
facing felony charges in state courts:
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. be 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 a critical stage 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. Which of the following is not recognized as a critical stage entitled to Sixth Amendment
protection?
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
b. consult with the accused in private
c. instruct the accused not to answer questions
d. all of the above
7. Which combination of constitutional provisions provides grounds for objecting to witness
identification testimony?
a. the Fourth Amendment, Fifth Amendment privilege against self-incrimination, and Sixth
Amendment right to counsel
b. the Fourth Amendment, Sixth Amendment right to confront adverse witnesses, and Sixth
Amendment right to counsel
c. the Fifth Amendment privilege against self-incrimination, Sixth Amendment right to
confront adverse witnesses, and Sixth Amendment right to counsel
d. the Fourth Amendment, Fourteenth Amendment due process clause, and Sixth
Amendment right to counsel
8. To overturn a conviction based on ineffective assistance of counsel, the defendant must
establish that:
a. the trial judge was aware that counsel was providing ineffective representation and did
nothing to protect his rights
b. counsel was appointed by the court rather than selected by the defendant
c. there is a reasonable probability that he would have been acquitted or would have received
a lighter sentence had he received effective assistance of counsel
d. he was innocent and was falsely convicted
9. The Fourth Amendment requires suppression of testimony about a positive identification
made during a lineup:
a. conducted after an illegal arrest
b. in which the police pointed the suspect out to the witness and said “we think he’s the man”
c. in which the suspect was the only participant wearing clothing that matched the witness’s
description of the perpetrator
d. all of the above
10. When is it appropriate for police to compel a suspect to wear a wig, false facial hair, or other
appearance-altering props during a witness identification proceeding?
a. never
b. only in mug shots that will be used for photographic identification
c. only if the suspect changed his appearance between the time of the crime and his or her
apprehension
d. whenever it is necessary to make the suspect’s appearance conform to the witness’s
description of the perpetrator
11. In which of the following circumstances would it be appropriate to use a showup
identification?
a. when the suspect is apprehended near the scene of the crime shortly after its commission
and police have a strong need for a quick confirmation that they have apprehended the
right person
b. when the victim was unable to make an identification after viewing the suspect’s
photograph
c.. when the only photograph police have of the suspect was taken years before and no longer
resembles the victim’s description of the perpetrator
d. all of the above
12. Defendants facing misdemeanor chargers who lack funds to hire an attorney:
a. may not be tried unless counsel is appointed to represent them
b. may not be sentenced to any time in jail unless counsel is appointed to represent them
c. may not be sentenced to more than thirty days in jail unless counsel is appointed to
represent them
d. may not be sentenced to more than six months in jail unless counsel is appointed to
represent them
13. The Sixth Amendment has been interpreted by the Supreme Court to give indigent criminal
defendants the right to representation by court-appointed counsel:
a. in all situations in which non-indigent defendants have the right to be assisted by retained
counsel
b. during the first appeal
c. during habeas corpus proceedings
d. in all of the above
14. To be considered a critical stage during which the accused has a Sixth Amendment right to
counsel, the proceedings must:
a. be those in which important rights might be lost unless counsel is present
b. take place after the initiation of prosecution
c. involve an adversarial confrontation between the government and the accused
d. all of the above
15. Which of the following is relevant as to whether a witness who has been exposed to an
impermissibly suggestive identification procedure will be allowed to testify about the
identification at the trial?
a. the witness’s level of certainty
b. the accuracy of the witness’ prior description
c. the time between the crime and the identification
d. all of the above
True/ False Questions
16. Sixth Amendment protection stems from English Common Law.
a. True
b. False
17. Non-suspects whose photographs are selected for use in a photographic identification
procedure should resemble the suspect as closely as possible.
a. True
b. False
18. After initiation of prosecution, police may not place the defendant in a lineup unless counsel
is present or the defendant waives the right to counsel.
a. True
b. False
19. After initiation of prosecution, showing the victim a photo spread that includes a photograph
of the defendant violates the Sixth Amendment unless counsel is present or the defendant
executes a valid waiver of the right to counsel.
a. True
b. False
20. The Sixth Amendment requires the court to appoint stand-by counsel to sit beside defendants
who waive the right to counsel to advise and assist them when they are asked.
a. True
b. False