Deck 11: The Sixth Amendment: Right to Counsel and a Fair Trial

Question 1

The Court held, in Massiah v. United States (1964), that a critical stage, requiring a lawyer, is reached when the defendant is:

A) made aware that a crime has been committed.
B) approached by the police.
C) determined to be indigent.
D) charged with a crime.

Answer 1

D

Question 2

Which of the following best explains the reason that a jury would nullify a law by returning a not guilty verdict?

A) They were not given proper time to decide the verdict.
B) They did not agree with the law or thought it was unjust.
C) They were a hung jury and felt pressured by the judge to make a decision.
D) They felt the punishment was too lenient for the verdict.

Answer 2

B

Question 3

What was the significance of Townsend v. Burke (1948) in relation to the Sixth Amendment?

A) The deliberate use of perjured testimony violates due process laws.
B) Police may not question the accused without the attorney present.
C) A convicted offender has a right to counsel at the time of sentencing.
D) Even when statements regarding the charged offense are not admissible because the person's Sixth Amendment rights were violated, they are still admissible to impeach the witness.

Answer 3

C

Question 4

What was the significance of Mooney v. Holohan (1935)?

A) The deliberate use of perjured testimony violates due process laws.
B) Police may not question the accused without the attorney present.
C) Ineffective council claims must be based on the gravity of the offense charged.
D) Officers may not attempt to obtain a waiver and an admission from a suspect, without first notifying the suspect of the right to council.

Question 5

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.

Question 6

The Supreme Court has held that a jury trial is not guaranteed if the maximum possible jail time is less than:

A) three months.
B) six months.
C) nine months.
D) twelve months.

Question 7

The Supreme Court has interpreted the Sixth Amendment to mean that an accused has the constitutional right to counsel:

A) at every critical stage during a criminal proceeding.
B) at any critical stage, excluding post-trial appeals.
C) at every critical stage after arraignment.
D) at any stage in the criminal investigation.

Question 8

In Mempa v. Rhay, the Court held that a convicted offender whose sentence has been deferred has the right to assistance of counsel at the:

A) inmate disciplinary hearings.
B) probation revocation hearings.
C) hearings before a parole board.
D) inmate grievance boards.

Question 9

Which clause of the Sixth Amendment requires that witnesses be present in court so the defendant can face them?

A) the Continental Clause
B) the Confrontation Clause
C) the Testimonial Clause
D) the Due Process Clause

Question 10

In Brewer v. Williams, the Supreme Court determined that 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.

Question 11

Whether a trial is sufficiently speedy was set forth by which case?

A) Escobedo v. Illinois
B) Barker v. Wingo
C) Gideon v. Wainwright
D) Press-Enterprise Co. v. Superior Court

Question 12

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.

Question 13

The sole remedy for the violation of the constitutional right to a speedy trial is:

A) a reduction in sentence length.
B) a civil suit filed on behalf of the state in the defendant's name.
C) the dismissal of the case.
D) the replacement of council.

Question 14

According to the text, what percentage of defendants are unable to pay for their attorneys?

A) 25 percent
B) 45 percent
C) 60 percent
D) 80 percent

Question 15

The waiver of a person's Sixth Amendment right to counsel must be all of the following, except:

A) recorded.
B) knowing.
C) voluntary.
D) intelligent.

Question 16

In Escobedo v. Illinois (1964), the Supreme Court 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.

Question 17

The United States Justice System is best referred to as an:

A) adversarial process.
B) investigative process.
C) inquisitorial process.
D) oppositional process.

Question 18

This rule established that, once the accused has invoked the right to counsel, police may not question the accused without an attorney present, even if the accused waives the right to have the attorney present during that particular session of questioning.

A) the Jackson Rule
B) the Empirical Rule
C) the Miranda Rule
D) the Edwards Rule

Question 19

Legal counsel is required in court at any jurisdictional level for criminal offenses that would result in:

A) a guilty verdict.
B) a civil fine.
C) imprisonment.
D) the death penalty.

Question 20

Which of the following is not one of the five factors that courts should consider in determining a witness's reliability, as set forth by the Supreme Court in Neil v. Biggers?

A) the opportunity of the witness to view the defendant
B) the level of attention the witness was paying to the defendant
C) the accuracy of any descriptions of the defendant made by the witness
D) the relationship of the witness to the defendant

Question 21

The Supreme Court held, in 1972, that both federal juries and state juries must have 12 members.

Question 22

Support for jury nullification can be traced to colonial times and, because of their adversarial process, U.S. courts still consider it a valid option today.

Question 23

This case applied Sixth Amendment rights to juveniles, including the right against self-incrimination, the right to receive notice of the charges, the right to confront and cross-examine witnesses, and the right to counsel.

A) Smith v. Hooey
B) In re Gault
C) Townsend v. Burke
D) Gideon v. Wainwright

Question 24

A two-prong test to establish a claim of ineffective counsel was established in which court case?

A) Gideon v. Wainwright
B) Strickland v. Washington
C) Wiggins v. Smith
D) Townsend v. Burke

Question 25

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.

Question 26

The Sixth Amendment is triggered not by judicial proceeding but by prosecutorial action.

Question 27

The right to legal counsel has been held applicable at both the federal and state levels.

Question 28

The right to a speedy trial does not attach until the defendant is arrested or indicted, and then it remains in effect through conviction.

Question 29

A potential juror who is deemed to be biased may be removed for cause, and there is no limit under the Sixth Amendment to the number of potential jurors who may be removed by this method.

Question 30

A defendant may seek a change of venue for several reasons, most often because of publicity or emotion in the community that may affect the trial.

Question 31

Federal courts and state courts have a system in place to enable them to randomly compile lists of potential jurors.

Question 32

In 1972, in Argersinger v. Hamlin, the Court extended the right to an attorney to defendants accused of misdemeanor offenses.

Question 33

The Court held, in Coy v. Iowa (1988), that a state law allowing closed-circuit television testimony or testimony from behind a screen violated the Sixth Amendment.

Question 34

The importance of a jury trial is evidenced by the fact that the right to a jury trial is the only right that appears in both the Constitution and the Bill of Rights.

Question 35

The Miranda warning is meant to safeguard the Fifth Amendment right against self-incrimination and to declare that a person who is questioned while in police custody has the right to an attorney.

Question 36

Contrary to popular belief, the Sixth Amendment does not guarantee the right to a public trial due to the risk of media influence.

Question 37

An individual may appear in court without an attorney, referred to as pro se, which is Latin meaning:

A) without regret.
B) for all.
C) for himself.
D) as one.

Question 38

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 by a person whose incompetence shocks the conscience.
C) representation falling below community standards of excellence.
D) representation that resulted in an unfavorable outcome.

Question 39

The Sixth Amendment is the only Amendment that allows for hearsay evidence.

Question 40

Although the Sixth Amendment guarantees the right to a jury trial for serious crimes, there is no requirement that a person must have a trial by jury.

Question 41

A basic premise of the ____________________ in U.S. law is that justice is best served when both sides to the conflict give their all in a process in which one party is pitted against another to resolve a legal issue.

Question 42

The geographic area in which a specific case may come to trial, and the area from which the jury is selected, is referred to as the ___________.

Question 43

A __________________ is an identification technique in which several people, including the suspect, are shown to the victim or a witness.

Question 44

The Fifth and Sixth Amendments are the two most often cited in prisoner rights claims.

Question 45

A sequential lineup requires that the individuals (or the photos) be viewed one at a time rather than side by side, with the witness required to make a decision about each one before viewing the next.

Question 46

A ___________________ is a case that is heard before the bench (or judge) only, without a jury.

Question 47

A hotly debated topic, _________________ refers to the ability of a jury to acquit a defendant, even though the jurors believe that the person is guilty.

Question 48

In reference to the Massiah standard, ________________________ violates the Sixth Amendment by purposefully, yet covertly, drawing out incriminating statements from a suspect whose Sixth Amendment right to counsel has attached, but who has not waived the right.

Question 49

Eyewitness testimony is the leading cause of wrongful convictions, with more than 75 percent of all convictions that are overturned by DNA testing having been originally obtained, in part, through eyewitness testimony.

Question 50

After the establishment of the jury panel, referred to as a(n) _________________, individual jurors must be selected, adhering to the "impartial" and "representative" parameters set forth in the Sixth Amendment.

Question 51

Both the prosecution and the defense seek out the most neutral jury during the process of _____________, in which potential jurors are questioned by both sides to determine their impartiality.

Question 52

A __________________ is "a solemn declaration or affirmation made for the purpose of establishing or proving some fact."

Question 53

A ______________ requires an individual to appear in court to testify or to bring physical evidence to court.

Question 54

Federal courts and state courts both have a system in place to enable them to randomly compile a list of potential jurors, which is called a(n) _________________.

Question 55

Public defenders are employed by the government to ensure everyone's Fifth Amendment right to counsel is made available.

Question 56

______________ comprises out-of-court statements used to prove the truth of the matter asserted, and can include statements made, before taking the stand, by the person actually testifying.

Question 57

In 1970, in Coleman v. Alabama, the Supreme Court held that a __________________ is a critical stage of the criminal prosecution and invokes the right to counsel because it is a formal adversarial proceeding.

Question 58

___________________ refer to a specific number of allowances that are given to each side in a case, which they may assert to remove potential jurors, for any reason whatsoever.

Question 59

Even when statements regarding the charged offense are not admissible because the person's Sixth Amendment rights were violated, they are still admissible to impeach the witness (to prove perjury).

Question 60

In the identification process, a _______________ is used if only one suspect is to be viewed by the victim or a witness.

Question 61

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 the case file of another 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?

Question 62

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, in which individuals are led into a room to stand facing a two-way mirror, allowing a victim or a witness to pick out the individual he or she 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 unduly suggestive as to which individual is the suspect. However, sometimes the police take a suspect to a victim's hospital room or bring a suspect to a crime scene, and show the suspect 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 or victim. 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?

Question 63

How does the Sixth Amendment interact with the First Amendment?

Question 64

A _________________ is a document filed against inmates who have other criminal charges pending against them.

Question 65

The waiver of a person's Sixth Amendment right to counsel must be voluntary, knowing, and _______________.

Question 66

How has the juvenile courtroom landscape changed since Gideon v. Wainwright?

Question 67

List the five factors used to determine witness reliability in pre-trial identification procedures.

Question 68

Public defenders are employed by the government to ensure that 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 your client her entitlement in terms of effective assistance in her criminal trial.

Question 69

The 1967 case of In re Gault depicted a landmark shift for juveniles away from the ______________ model toward a more "due process" model, which guaranteed juveniles constitutional rights.

Question 70

The _____________ holds that the suppression by the prosecution of evidence favorable to an accused, upon request, violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.

Question 71

List the rights guaranteed by the Sixth Amendment.

Question 72

Explain the factors that are considered if a defendant waives the right to counsel.

Question 73

Your best friend is facing a criminal trial for leaving the scene of an accident and a DUI. She can't really afford to hire an attorney specializing in these offenses, and she wonders if she can defend herself in a trial. Can she? Why or why not? Should she?

Question 74

Usually the first court appearance by a defendant, the procedure during which the accused is advised of his or her rights, advised of the charges, and given the opportunity to enter a plea is referred to as a(n) _________________.

Question 75

Discuss the evolution of the right to be represented by an attorney during a criminal trial.