Deck 6: Defense Attorneys

Question 1

The American court system is based on which of the following systems of justice?

A) accusatory
B) adversarial
C) collective
D) impeachment

Answer 1

B

Question 2

In what case did the Supreme Court, for the first time, address whether indigent criminal defendants had a right to have an attorney provided to them at state expense?

A) Powell v. Alabama
B) Johnson v. Zerbst
C) Gideon v. Wainwright
D) Argersinger v. Hamlin

Answer 2

A

Question 3

Which of the following is the primary factor determining whether the court is required to appoint counsel to a defendant?

A) the seriousness of the charge
B) the age of the defendant
C) the mental capacity of the defendant
D) the funds available to the defendant

Answer 3

D

Question 4

Which of the following cases has nothing to do with the right to counsel?

A) Payne v. Tennessee
B) Gideon v. Wainwright
C) Powell v. Alabama
D) Johnson v. Zerbst

Question 5

The right to counsel applies to ______.

A) all nontraffic offenses
B) all crimes for which the defendant is actually imprisoned
C) all crimes for which the defendant may be imprisoned for more than 6 months
D) all felonies

Question 6

At which point in the criminal process does the right to counsel end?

A) after the conviction
B) after the sentence is handed down
C) after the first appeal
D) after all possible appeals

Question 7

What type of indigent defense systems are private attorneys employed to represent indigent defendants on a case-by case basis?

A) fixed-price contract programs
B) contract attorney programs
C) public defender programs
D) assigned counsel programs

Question 8

Which indigent defense system assigns cases to private attorneys on a case-by-case basis?

A) ad hoc assigned counsel programs
B) coordinated assigned counsel programs
C) fixed-price contract programs
D) public defender programs

Question 9

Which indigent defense system rotates private attorneys through cases, matched with their experience and skills as needed?

A) ad hoc assigned counsel programs
B) coordinated assigned counsel programs
C) fixed-fee-per-case contract programs
D) public defender programs

Question 10

Which indigent defense system contracts with a law firm to accept an unknown number of cases within a period for a single flat fee?

A) coordinated assigned counsel programs
B) fixed-price contract programs
C) fixed-fee-per-case contract programs
D) public defender programs

Question 11

What can an attorney do to foster a good working relationship with a client?

A) meet with the defendant as soon as practical following appointment or retention
B) explain in detail the procedures that will take place as the case progresses
C) promptly respond to the client's questions or requests for information
D) all of these

Question 12

Which indigent defense system hires attorneys whose sole job is to provide representation to indigent defendants?

A) ad hoc assigned counsel programs
B) coordinated assigned counsel programs
C) fixed-price contract programs
D) public defender programs

Question 13

Which of the indigent defense systems has been condemned by the American Bar Association?

A) ad hoc assigned counsel programs
B) coordinated assigned counsel programs
C) fixed-price contract programs
D) fixed-fee-per-case contract programs

Question 14

Which of the following is not one of the prongs of the current test of attorney ineffectiveness?

A) Was the attorney's performance deficient?
B) Did the performance shock the conscience?
C) Did the performance injure the defendant?
D) All of these are prongs to the test.

Question 15

Which of the following decisions is reserved for the defendant to make?

A) how to cross-examine prosecution witnesses
B) whether to testify
C) whether to plead self-defense
D) whether to employ an expert witness

Question 16

The Supreme Court held that the right of a defendant to self-represent stems from which amendment?

A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Ninth Amendment

Question 17

According to the Supreme Court, under what circumstances does a defendant have a Constitutional right to choose a different court-assigned attorney?

A) if the attorney believes the defendant guilty
B) if the defendant believes the attorney incompetent
C) Defendant can choose a new attorney for almost any reason.
D) Defendant does not have that right.

Question 18

According to the Supreme Court, under what circumstances does a defendant have a Constitutional right to choose a different privately hired attorney?

A) if the attorney believes the defendant guilty
B) if the defendant believes the attorney incompetent
C) Defendant can choose a new attorney for almost any reason.
D) Defendant does not have that right.

Question 19

Research has shown that defendants typically are ______.

A) "very trustful" of their attorneys
B) "only somewhat trustful" of their attorneys
C) "indifferent" toward their attorneys
D) "very distrustful" of their attorneys

Question 20

Which of the following is not a responsibility of the defense attorney before the trial?

A) interview witnesses
B) counsel defendant on procedure
C) investigate the incident
D) tell the defendant how to plead

Question 21

Which of the following is not a responsibility of the defense attorney during or after trial?

A) represent defendant at trial
B) represent defendant at sentencing
C) tell defendant to appeal
D) file notice of appeal

Question 22

When can a defense attorney legally break confidentiality according to the Supreme Court?

A) if the attorney knows the defendant is guilty
B) if the attorney knows the defendant is going to give false testimony
C) if the attorney knows the defendant is untrustworthy
D) never

Question 23

Which of the following decisions are typically not made by the defense attorney?

A) whether to accept a plea agreement
B) how to cross-examine prosecution witnesses
C) whether to employ an expert witness
D) whether potential jurors should be challenged for cause

Question 24

Why do recent law school graduates become criminal defense attorneys?

A) to prosecute offenders
B) to earn a large salary
C) to gain trial and courtroom experience
D) none of these

Question 25

The American system of justice is based on all parties involved working to find the truth.

Question 26

It is the job of the defense attorney to ensure that the defendant's Constitutional rights are not violated.

Question 27

One of the realities of being a criminal defense attorney is that victories are infrequent.

Question 28

The right to have an attorney provided to indigent defendants has not always been a part of the right to counsel.

Question 29

According the Supreme Court, defense counsel, even that provided by the court must be not only available but effective.

Question 30

The use of fixed-price contracts has been praised by the American Bar Association.

Question 31

Using a fixed-price contract program, a law firm agrees to a certain number of cases for a fixed fee per case.

Question 32

Public defender offices routinely employ full-time investigators.

Question 33

Attorneys hired privately by the defendant have a significantly higher rate of acquittals than court-assigned attorneys.

Question 34

Only a judge can challenge that a defense attorney's performance was ineffective.

Question 35

The right to counsel applies at the initial appearance.

Question 36

In the 1984 case of Strickland v. Washington, the Supreme Court set forth the standard to be used in evaluating ineffectiveness of counsel claims.

Question 37

Ensuring confidentiality is vital for an effective legal representation.

Question 38

Once the court assigns an attorney to an indigent defendant, that attorney is to have complete control over the defendant during court proceedings.

Question 39

For defense attorneys, a "successful" case often means a reduction in sentence via a plea bargain, not an acquittal.

Question 40

Discuss the main role of a criminal defense attorney.

Question 41

Discuss assigned counsel programs and the most popular type.

Question 42

Discuss contract attorney programs.

Question 43

Explain two drawbacks to fixed-price contract programs.

Question 44

Explain what is meant by a public defender program.

Question 45

Discuss two reasons why there is an overwhelming belief that defendants represented by private attorneys receive better assistance than that provided to defendants with appointed counsel.

Question 46

Discuss the significance of McMann v. Richardson.

Question 47

Discuss the significance of Faretta v. California as it relates to the Sixth Amendment.

Question 48

Discuss the most important component of building a client's trust.

Question 49

Explain the significance of Nix v. Whiteside.

Question 50

Explain why it is that while prosecutors must only prosecute individuals reasonably believed to be guilty defense attorneys must defend clients they know to be guilty?

Question 51

Explain how it is that two defendants in the same courtroom, with the same judge, may be charged with the same offense yet one will be entitled to counsel and one may not.

Question 52

Explain why it is that defendants are so untrusting of their attorneys.

Question 53

What are the primary reasons for choosing to be a criminal defense attorney from a professional and personal standpoint?

Question 54

What is the test used to determine "effective" assistance of counsel? Explain each prong of the test.