Deck 7: Defense Attorneys

Question 1

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.

Answer 1

D

Question 2

What is the term for protected statements between an attorney and client?

A)pro bono
B)pro se
C)assigned counsel
D)privileged communication

Answer 2

D

Question 3

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
B)during a preliminary hearing
C)during a grand jury hearing
D)when filing a discretionary appeal

Answer 3

B

Question 4

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
B)trial
C)first appearance
D)discretionary appeal

Question 5

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

Question 6

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.
B)the police department.
C)their law office.
D)the courtroom work group.

Question 7

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

Question 8

Because of the numerous sanctions that may be applied to defense attorneys, they are forced to take what kind of posture?

A)Proactive
B)Neutral
C)complacent
D)reactive

Question 9

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

Question 10

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.

Question 11

Which Amendment provides the right to counsel?

A)4th Amendment
B)5th Amendment
C)6th Amendment
D)7th Amendment

Question 12

What type of law do most lawyers practice?

A)environmental law
B)civil law
C)criminal law
D)non-profit law

Question 13

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.

Question 14

The right to self-representation is also referred to by the Latin term

A)pro se
B)mala in se
C)pro bono
D)mens rea

Question 15

Obtaining clients is only half of the problem facing private attorneys who represent criminal clients. The second half is

A)winning the case.
B)getting clients to cooperate.
C)collecting evidence.
D)getting paid.

Question 16

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
B)Terry v.Ohio
C)Miranda v.Arizona
D)Plessey v.Ferguson

Question 17

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
B)Gideon v.Wainwright
C)Plessey v.Ferguson
D)U.S.v.Wade

Question 18

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
B)Strickland v.Washington
C)Scott v.Illinois
D)Gideon v.Wainwright

Question 19

Which Supreme Court decision limited the right of non-felony defendants to have court-appointed counsel?

A)Argersinger v.Hamlin
B)Faretta v.California
C)Strickland v.Washington
D)Gideon v.Wainwright

Question 20

Which U.S.Supreme Court decision acknowledged a defendant's right to self-representation?

A)Argersinger v.Hamlin
B)Strickland v.Washington
C)Powell v.Alabama
D)Faretta v.California

Question 21

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
B)contract system
C)public defender system
D)pro-bono system

Question 22

When in the criminal process does the right to counsel begin?

A)initial appearance
B)arrest
C)charging
D)grand jury

Question 23

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.

Question 24

The public defender system was started where in 1914?

A)Chicago
B)Los Angeles
C)New York City
D)Seattle

Question 25

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

Question 26

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

Question 27

Which of the following is not one of the three major ways of providing indigents with court appointed attorneys?

A)assigned counsel system
B)contract system
C)public defender system
D)pro-bono system

Question 28

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.

Question 29

Argersinger v.Hamlin (1972) affected what kind of criminal defendants?

A)nonfelony defendants.
B)capital punishment defendants.
C)juveniles.
D)statutory defendants.

Question 30

How many systems are there for providing indigents with court-appointed attorneys?

A)one
B)two
C)four
D)three

Question 31

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.

Question 32

What is the criminal lawyer's most important commodity in securing clients?

A)fee
B)legal background
C)appearance
D)reputation

Question 33

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.

Question 34

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

Question 35

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.

Question 36

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.

Question 37

Which method of providing legal representation for indigent defendants is the most common in large cities?

A)assigned counsel
B)contract
C)public defender
D)pro bono

Question 38

Why do most lawyers practice civil law?

A)it is more lucrative
B)they have higher prestige
C)they have fewer problems dealing with clients
D)all of these answers are correct

Question 39

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

Question 40

Most lawyers practice civil law because it is more

A)lucrative.
B)expensive.
C)time-consuming.
D)problematic.

Question 41

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.

Question 42

Legal ethics seek to ensure that lawyers will zealously advocate for their clients.

Question 43

The Sixth Amendment provides for the right to counsel in "all criminal prosecutions," so it is not limited to the trial itself.

Question 44

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
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

Question 45

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."

Question 46

Getting along with clients is one of the easiest parts of being a public defender.

Question 47

Legal ethics place no limits on attorneys in defense of clients.

Question 48

Defense attorneys are not allowed to be present during grand jury hearings.

Question 49

Defendants may view their public defender as similar to the prosecutor.

Question 50

To defense attorneys, winning a case rarely means an acquittal.

Question 51

Defense attorneys are the most powerful members of the courtroom work group.

Question 52

Prosecutors prefer to deal with inexperienced defense attorneys.

Question 53

Indigent defendants sentenced to death must rely on voluntary counsel in pursuing post-conviction discretionary appeals, including appeals to the U.S.Supreme Court.

Question 54

A mentally ill defendant may never represent himself in criminal court.

Question 55

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.

Question 56

Lawyers must always do what their clients ask them to do.

Question 57

Self-representation is a rare occurrence.

Question 58

There are few appellate court reversals on the grounds of ineffective assistance of counsel.

Question 59

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.

Question 60

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.

Question 61

In criminal cases, the relationship between lawyer and client is more likely to be marked by distrust and hostility.

Question 62

Legal ethics places professional limits on how far _____ may go, including not using perjured or misleading testimony.

Question 63

Defendants do not have a constitutional right to self-representation.

Question 64

Despite the legal presumption of innocence, once defendants are arrested, the public assumes they are guilty.

Question 65

Most lawyers practice civil law because it is more _____.

Question 66

Indigents are defendants who cannot afford to pay a lawyer.

Question 67

Public clients are skeptical about the skills of their lawyers.

Question 68

The U.S.Supreme Court has ruled that the effective assistance of counsel is a right protected by the _____ Amendment.

Question 69

Lawyers must assert valid defense and ensure _____.

Question 70

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.

Question 71

One of the most important tasks of defense attorneys is ____.

Question 72

Gideon v.Wainwright established a right to counsel for indigent _____defendants.

Question 73

The public defender is a 20ᵗʰ-century response to the problem of providing legal representation for the _____.

Question 74

The features of various defense systems for indigent representation are nearly identical and uniform across jurisdictions.

Question 75

Lawyers who work within the parameters of the courtroom work group receive _____for their clients.

Question 76

The _____ Amendment states that "in all criminal prosecutions the accused shall enjoy the right… to have assistance of counsel for his defense."

Question 77

Like prosecutors, defense attorneys are _____ of the court, who must fulfill their responsibilities within the framework established by legal ethics.

Question 78

The criminal lawyer's most important commodity in securing clients is his or her reputation.

Question 79

Public defenders find that defendants more readily accept their advice than the advice of private attorneys.

Question 80

More than half of defendants are described by their attorneys as passive participants in their overall defense.