Deck 21: Right to Counsel Related to Policing

Question 1

What Amendment to the U.S. Constitution guarantees the right to counsel in criminal prosecution?

A) Third
B) Fourth
C) Sixth
D) Eighth

Answer 1

Sixth

Question 2

The right to counsel has been interpreted to apply to ________ of the criminal proceeding.

A) "Every stage"
B) "Every critical stage"
C) "Every reasonable stage"
D) "Every other stage"

Answer 2

"Every critical stage"

Question 3

In ________, the Court held that without a lawyer, an accused may be convicted, not because he or she is guilty, but because the individual may not know how to establish his or her innocence.

A) Furman v. Georgia
B) United States v. Leon
C) Powell v. Alabama
D) Michigan v. Bryant

Answer 3

Powell v. Alabama

Question 4

In which of the following landmark decisions did the Supreme Court hold that when an indigent person is charged with a felony in a state court, counsel must be provided?

A) United States v. Leon
B) Massiah v. United States
C) Michigan v. Bryant
D) Gideon v. Wainwright

Question 5

In Escobedo v. Illinois, the Court ruled that a suspect in a ________ is entitled to a lawyer during interrogation at a police station.

A) Minor offense
B) Serious offense
C) Personal offense
D) Property offense

Question 6

In United States v. Henry, the Court held that a defendant's ________ is violated if the police intentionally create a situation that is likely to elicit incriminating statements.

A) Right against self-incrimination
B) Right to remain silent
C) Right to speedy trial
D) Right to counsel

Question 7

A valid waiver after the Miranda warnings constitutes a waiver to:

A) The right of counsel
B) The privilege against self-incrimination
C) The right to due process
D) All of the above
E) Both A and B, but not C

Question 8

An informant's testimony is admissible to ________ a defendant's statements, even if elicited in violation of the Sixth Amendment protection right to counsel.

A) Impeach
B) Convict
C) Indict
D) Corroborate

Question 9

Evidence in the form of incriminating statements is ________ in court if the defendant was questioned without an attorney by police agents after the defendant was charged and had obtained a lawyer.

A) Useful
B) Admissible
C) Not admissible
D) Important

Question 10

When officers are acting in their first responder role and attempting to resolve an emergency situation, statements made by those involved may be considered ________ for the purposes of the Sixth Amendment confrontation clause.

A) Testimonial
B) Nontestimonial
C) Illegal
D) Reasonable

Question 11

In which of the following cases did the Court recognize the dual role of police as first responders and as criminal investigators?

A) Escobedo v. Illinois
B) Michigan v. Bryant
C) Gideon v. Wainwright
D) Mapp v. Ohio

Question 12

The right to counsel is a basic and fundamental right under the Constitution and must be respected by the police.

Question 13

The Gideon case required the appointment of counsel for indigents in both felony and misdemeanor cases.

Question 14

The Miranda decision only brought the right to counsel to the police station, whereas Escobedo took it out into the streets.

Question 15

Questioning during stops or while issuing traffic citations do not trigger the right to counsel because they are not critical stages in a criminal prosecution.

Question 16

According to the text, it is important for police officers to be careful when interviewing or interrogating a suspect who has retained a lawyer.