Chapter 7
DEFENSE ATTORNEYS
TEST BANK
MULTIPLE CHOICE
1. In which case did the U.S. Supreme Court hold that indigent defendants charged with a
felony are entitled to the services of a lawyer paid for by the government?
a.
Miranda v. Arizona
c.
Plessey v. Ferguson
b.
Gideon v. Wainwright
d.
U.S. v. Wade
2. Which of the following statements is true regarding the U.S. Supreme Court’s decision in
Gideon v. Wainwright?
a.
The decision was highly controversial.
b.
The Court focused on the need for a lawyer at all stages of the criminal justice
system.
c.
The Court decided that judges could not prevent a defendant from bringing a
lawyer to court.
d.
The Court declared that lawyers in criminal courts are necessities, not luxuries.
3. Which Supreme Court decision limited the right of non-felony defendants to have court-
appointed counsel?
a.
Argersinger v. Hamlin
c.
Strickland v. Washington
b.
Faretta v. California
d.
Gideon v. Wainwright
4. In what decision did the Supreme Court rule that a defendant in a nonfelony case is
guaranteed the right to legal counsel, paid by the state if necessary, only in cases that
actually lead to imprisonment, not in all cases in which imprisonment is a potential
penalty?
a.
Faretta v. California
c.
Scott v. Illinois
b.
Strickland v. Washington
d.
Gideon v. Wainwright
5. Which Amendment provides the right to counsel?
a.
4th Amendment
c.
6th Amendment
b.
5th Amendment
d.
7th Amendment
6. At which of the following stages in the criminal justice process is an indigent defendant
provided counsel paid by the government?
a.
at the time of arrest
c.
during a grand jury hearing
b.
during a preliminary hearing
d.
when filing a discretionary appeal
7. At which of the following stages in the criminal justice process is an indigent defendant
not guaranteed counsel paid for by the government?
a.
plea bargaining
c.
first appearance
b.
trial
d.
discretionary appeal
8. Which of the following U.S. Supreme Court decisions held that defendants have the right
to court-appointed counsel during custodial interrogations?
a.
Gideon v. Wainwright
c.
Miranda v. Arizona
b.
Terry v. Ohio
d.
Plessey v. Ferguson
9. The three major ways of providing indigents with court appointed attorneys are: (1)
assigned counsel, (2) contract systems, and (3) public defender. Which of the following is
true about these differing ways of providing indigents with court appointed attorneys?
a.
Studies find no major differences between these three systems in results achieved.
b.
Studies find assigned counsel is better in results achieved.
c.
Studies find contract systems are better in results achieved.
d.
Studies find public defenders are better in results achieved.
10. What is the term for protected statements between an attorney and client?
a.
pro bono
b.
pro se
c.
assigned counsel
d.
privileged communication
11. Which U.S. Supreme Court decision acknowledged a defendant’s right to self–
representation?
a.
Argersinger v. Hamlin
c.
Powell v. Alabama
b.
Strickland v. Washington
d.
Faretta v. California
12. The right to self-representation is also referred to by the Latin term
a.
pro se
c.
pro bono
b.
mala in se
d.
mens rea
13. Which of the following is a serious problem public attorney’s face in dealing with their
clients?
a.
refusal to cooperate
b.
dishonesty
c.
deception
d.
all of these are serious problems public attorneys face in dealing with their clients
14. The method by which defense attorneys seek to reach the best possible solution for their
clients is directly related to their relationships with other members of
a.
the prosecutor’s office.
c.
their law office.
b.
the police department.
d.
the courtroom work group.
15. Many defendants view the public defender as similar to what other courtroom actor?
a.
The judge
b.
the bailiff
c.
the victim
d.
the defendant
16. What type of law do most lawyers practice?
a.
environmental law
b.
civil law
c.
criminal law
d.
non-profit law
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17. Because of the numerous sanctions that may be applied to defense attorneys, they are
forced to take what kind of posture?
a.
Proactive
c.
complacent
b.
Neutral
d.
reactive
18. What issue related to the right to counsel did Padilla v. Kentucky involve?
a.
ineffective assistance of counsel
b.
plea bargains
c.
mental illness
d.
self-representation
19. Obtaining clients is only half of the problem facing private attorneys who represent
criminal clients. The second half is
a.
winning the case.
c.
collecting evidence.
b.
getting clients to cooperate.
d.
getting paid.
20. Which of the following statements is not true about criminal defense attorneys?
a.
Most have a regular clientele.
b.
Some defense attorneys rely on police officers, bail agents, and court clerks to give
their names to defendants who need counsel.
c.
The private attorney’s fee in a criminal case is generally a flat fee paid in advance.
d.
Most earn a modest, middle-class living.
21. The term pro bono means that
a.
indigent defendants are entitled to court-appointed counsel.
b.
attorneys work free of charge.
c.
defendants may represent themselves.
d.
an attorney will be selected from a list of practicing attorneys in a jurisdiction.
22. What factor(s) affect the availability of lawyers to represent defendants in major cities?
a.
low status
b.
difficulty in securing clients
c.
low fees
d.
all of these answers are correct
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23. An advantage to the public defender system is that
a.
it likely provides more experienced counsel.
b.
excellent private attorneys may be appointed.
c.
legal fees are kept down because attorneys compete for clients.
d.
the Due Process Model is more likely to be followed.
24. Which method of providing legal representation for indigent defendants has been found
to violate the Fifth and Sixth Amendments to the U.S. Constitution by at least one state
supreme court?
a.
assigned counsel system
c.
public defender system
b.
contract system
d.
pro-bono system
25. The public defender system was started where in 1914?
a.
Chicago
c.
New York City
b.
Los Angeles
d.
Seattle
26. Which method of providing legal representation for indigent defendants is the most
common in large cities?
a.
assigned counsel
c.
public defender
b.
contract
d.
pro bono
27. What is one of the most important tasks of defense attorneys?
a.
relating to their client
b.
knowing the whole story
c.
making sure they get paid
d.
counseling
28. Why do most lawyers practice civil law?
a.
it is more lucrative
b.
they have higher prestige
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c.
they have fewer problems dealing with clients
d.
all of these answers are correct
29. How often have pro se defendants been found to do as well in court as represented
defendants?
a.
80% of the time
b.
50% of the time
c.
25% of the time
d.
Never
30. What status do defense attorneys hold in the courtroom work group?
a.
they are the least powerful member of the courtroom work group
b.
they are the most powerful member of the courtroom work group
c.
they are moderately powerful members of the courtroom work group
d.
defense attorneys are not part of the courtroom work group
31. What is the criminal lawyer’s most important commodity in securing clients?
a.
fee
b.
legal background
c.
appearance
d.
reputation
32. Defending unpopular clients is the basis for a great deal of criticism of lawyers. What is
the core legal ethical value in defending an unpopular client?
a.
Every client is entitled to legal representation, no matter how unpopular or heinous
the crime.
b.
It is not ethical for a defense attorney to defend someone who is lying about their
innocence.
c.
As a matter of legal ethics, no lawyer may represent someone who intentionally
perjured him/herself after being advised against doing so.
d.
As long as the client is adequately represented in a court of law, defense attorney
ethics are secondary.
33. How many systems are there for providing indigents with court-appointed attorneys?
a.
one
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b.
two
c.
four
d.
three
34. When in the criminal process does the right to counsel begin?
a.
initial appearance
b.
arrest
c.
charging
d.
grand jury
35. Most lawyers practice civil law because it is more
a.
lucrative.
b.
expensive.
c.
time-consuming.
d.
problematic.
36. Legal ethics seek to ensure that lawyers will
a.
zealously advocate for their client.
b.
get the best deal for their client.
c.
find the truth for their client.
d.
get the most money for their client.
37. Which of the following is not one of the three major ways of providing indigents with
court appointed attorneys?
a.
assigned counsel system
c.
public defender system
b.
contract system
d.
pro-bono system
CRITICAL THINKING SCENARIOS
CASE 7.1
Like many other provisions of the Constitution, the Sixth Amendment has a different meaning
today than it did when it was first ratified. In a landmark decision, the U.S. Supreme Court held
that, based on the Sixth Amendment’s provision of right to counsel, indigent defendants charged
with a felony are entitled to the services of a lawyer paid for by the government (Gideon v.
Wainwright 1963). Later, the Sixth Amendment right to counsel was extended to juvenile court
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proceedings as well (In re Gault 1967). But as so often happens, answering one question raised
several new ones.
38. Which of the following issues did the court wrestle with following the Gideon decision?
a.
nonfelony criminal prosecutions
b.
stages of the criminal process.
c.
self-representation.
d.
The court wrestled with all of these issues following the Gideon decision.
39. Argersinger v. Hamlin (1972) affected what kind of criminal defendants?
a.
nonfelony defendants.
c.
juveniles.
b.
capital punishment defendants.
d.
statutory defendants.
CASE 7.2
Is it enough to have a lawyer? Must the lawyer also be competent and effective? The Supreme
Court has recognized the effective assistance of counsel as essential to the Sixth Amendment
guarantee (McMann v. Richardson 1970).
40. The Court’s most significant holding regarding the effective assistance of counsel came
in 1984 in what case?
a.
Strickland v. Washington.
b.
Miranda v. Arizona.
c.
United States. v. Wade.
d.
Brady v. United States.
41. What standard was applied in the Court’s most significant holding in 1984 as the proper
criterion to be applied in making a determination of the ineffectiveness of counsel?
a.
an “objective standard of reasonableness.”
b.
a “subjective standard of reasonableness.”
c.
a “partial standard of reasonableness.”
d.
a “qualified standard of reasonableness.”
42. In regards to ineffective assistance of counsel, appellate courts must reverse only if the
proceedings were fundamentally unfair and
a.
the outcome would have been different if counsel had not been ineffective
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b.
the outcome would have been worse if counsel had not been ineffective
c.
the outcome would have been better if counsel had not been ineffective
d.
the outcome would have been the same if counsel had not been ineffective
CASE 7.3
Indigents are defendants who cannot afford to pay a lawyer and, therefore, are entitled to a
lawyer for free. Although the Supreme Court has essentially mandated the development of
indigent-defense systems, it has left the financing and type of delivery system up to states and
counties, which have considerable discretion in adopting programs (Worden and Worden 1989).
How best to provide legal representation for the poor has been a long-standing issue for the
courts and the legal profession. In the United States, the three primary methods are assigned
counsel, contract systems, and public defender.
43. The assigned counsel method is
a.
attorneys appointed by the judge on a case-by-case basis.
b.
attorneys hired to provide services for a specified dollar amount.
c.
a salaried public official representing all indigent defendants.
d.
None of these answers is correct.
44. The contract systems method is
a.
attorneys appointed by the judge on a case-by-case basis.
b.
attorneys hired to provide services for a specified dollar amount.
c.
a salaried public official representing all indigent defendants.
d.
None of these answers is correct.
45. The public defender method is
a.
attorneys appointed by the judge on a case-by-case basis.
b.
attorneys hired to provide services for a specified dollar amount.
c.
a salaried public official representing all indigent defendants.
d.
None of these answers is correct.
TRUE/FALSE
1. As written by the framers of the U.S. Constitution more than 200 years ago, the right to
counsel meant only that a judge could not prevent a defendant from bringing a lawyer to
court. Thus, it affected only those who could afford to hire their own lawyers.
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2. The Sixth Amendment provides for the right to counsel in “all criminal prosecutions,” so
it is not limited to the trial itself.
3. Indigent defendants sentenced to death must rely on voluntary counsel in pursuing post-
conviction discretionary appeals, including appeals to the U.S. Supreme Court.
4. Defense attorneys are not allowed to be present during grand jury hearings.
5. There are few appellate court reversals on the grounds of ineffective assistance of
counsel.
6. Legal ethics place no limits on attorneys in defense of clients.
7. Lawyers must always do what their clients ask them to do.
8. Legal ethics seek to ensure that lawyers will zealously advocate for their clients.
9. Self-representation is a rare occurrence.
10. Defendants may view their public defender as similar to the prosecutor.
11. A mentally ill defendant may never represent himself in criminal court.
12. To defense attorneys, winning a case rarely means an acquittal.
13. Defense attorneys are the most powerful members of the courtroom work group.
14. Prosecutors prefer to deal with inexperienced defense attorneys.
15. Getting along with clients is one of the easiest parts of being a public defender.
16. Public clients are skeptical about the skills of their lawyers.
17. The criminal lawyer’s most important commodity in securing clients is his or her
reputation.
18. Despite the legal presumption of innocence, once defendants are arrested, the public
assumes they are guilty.
19. Indigents are defendants who cannot afford to pay a lawyer.
20. The features of various defense systems for indigent representation are nearly identical
and uniform across jurisdictions.
21. Defendants do not have a constitutional right to self-representation.
22. Public defenders find that defendants more readily accept their advice than the advice of
private attorneys.
23. The attorney-client privilege protects not only all statements made by a client to his
lawyer but also any work product done by the lawyer when representing that client.
24. In criminal cases, the relationship between lawyer and client is more likely to be marked
by distrust and hostility.
25. More than half of defendants are described by their attorneys as passive participants in
their overall defense.
COMPLETION
1. Lawyers must assert valid defense and ensure _____.
2. The _____ Amendment states that “in all criminal prosecutions the accused shall enjoy
the right… to have assistance of counsel for his defense.”
3. Legal ethics places professional limits on how far _____ may go, including not using
perjured or misleading testimony.
4. Most lawyers practice civil law because it is more _____.
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5. The public defender is a 20th-century response to the problem of providing legal
representation for the _____.
6. The U.S. Supreme Court has ruled that the effective assistance of counsel is a right
protected by the _____ Amendment.
7. Gideon v. Wainwright established a right to counsel for indigent _____defendants.
8. Lawyers who work within the parameters of the courtroom work group receive _____for
their clients.
9. Like prosecutors, defense attorneys are _____ of the court, who must fulfill their
responsibilities within the framework established by legal ethics.
10. One of the most important tasks of defense attorneys is ____.
11. Defending unpopular clients is the basis for a great deal of _____ of lawyers.
12. Defense attorneys are the _____ powerful members of the courtroom work group.
13. Defense attorneys who have active criminal cases and maintain _____ relationships with
the prosecutor’s office are commonly referred to as “gamblers.”
14. Attorneys in the personal client sector are often referred to as _____ practitioners because
they practice alone or share an office with another attorney.
15. The _____ counsel system is used in over half of all U.S. counties, but serves less than
one third of the nation’s population.
16. The primary advantage of _____ systems is that they limit the costs governments must
pay for indigent defense.
17. Statements made by a client to his or her attorney are considered _____ communication.
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18. Lawyers who are less cooperative find that they do not get _____ case scheduling
considerations.
19. In _____ cases, the relationship between lawyer and client is often characterized by trust
and full disclosure.
20. Potential _____ of interest is a key ethical issue facing lawyers. Attorneys are prohibited
from engaging in representation that would compromise their loyalty to their clients.
ESSAY
1. Choose several U.S. Supreme Court decisions that pertain to the right to court-appointed
counsel for indigent defendants and explain the significance of each.
2. List and describe the three primary methods used in the United States to provide indigent
defendants with attorneys.
ANS:
3. Identify the rewards and benefits that may result from cooperation or a lack of
cooperation for defense attorneys working with a courtroom work group. How does this
affect the way that defense attorneys perform their duties?
4. Because the payment to court-appointed counsel or public defenders is very low, discuss
the quality of counsel often available to indigent defendants. What type of lawyer
engages in court-appointed defense work?
5. The Sixth Amendment provides the right to effective assistance of counsel. Discuss cases
related to this right and what standard is used to make a determination of the
ineffectiveness of counsel.
6. Explain why most lawyers do not represent criminal defendants.
7. Explain why ethics important to the defense of criminal defendants.
8. What are the possible tensions that may exist between lawyers and their clients?