Reference no: EM133812778

Questions

Constitutional Law

1. The first prong of the two-pronged test to establish a claim of ineffective counsel requires the defendant to show:

representation falling below an objective standard of reasonableness.
representation whose incompetence "shocks the conscience."
representation falling below community standards of excellence.
representation that resulted in an unfavorable outcome.

2. Escobedo v. Illinois (1964) held that:

no Miranda warning is required during a stop and frisk.
Miranda does not need to be given by private police.
an individual being investigated by police may not be denied counsel.
indigent defendants are entitled to a lawyer when seeking an appeal.

3. The Star Chamber was:

the old Supreme Court chamber located in the U.S. Capitol.
an English court that tried people in secret with no regard to due process.
a group of highly revered lawyers who drafted the Sixth Amendment.
an 1880s theatrical group that taught the public the true meaning of "due process."

4. Massiah v. United States (1964), held that a critical stage requiring a lawyer includes when a defendant is:

made aware a crime has been committed.
approached by the police.
determined to be indigent.
charged with a crime.

5. A statement obtained in violation of a person's constitutional rights will only be permitted in court to:

corroborate the defendant's protestations of innocence.
impeach the defendant's perjured testimony at trial.
impeach defense witnesses during cross-examination.
provide aggravating factors in the sentencing phase.

6. In Brewer v. Williams, the Christian Burial Speech case (involving the search for the body of a missing girl), the Supreme Court determined there was:

an inevitable articulation exception to the Sixth Amendment.
a deliberate elicitation of an incriminating statement.
the functional equivalent of interrogation.
intimidation resulting in an involuntary statement.

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

every critical stage during a criminal proceeding.
any critical stage, excluding post-trial appeals.
every critical stage after arraignment.
any stage in the criminal investigation.

8. Mempa v. Rhay held that a convicted offender has the right to assistance of counsel at ____________in which the sentence has been deferred.

inmate disciplinary hearings
probation revocation hearings
hearings before a parole board
inmate grievance boards

9. A waiver of one's Sixth Amendment right to counsel must be all of the following, except:

in writing.
knowing.
voluntary.
intelligent.

10. Ineffective assistance of counsel claims can be based on the:

gravity of the offense charged.
accessibility of witnesses for the defense.
failure to take normal and routine steps before trial.
counsel's inexperience compared to the complexity of the case.

11. Whether a trial is sufficiently speedy is determined by the length of the delay, the reason for the delay, ______________and the harm caused.

court review of the facts
the prosecution's waiver of the right
the relevance of the delay
the defendant's assertion of this right

12. One Sixth Amendment guarantee is:

the defendant's right to confront adverse witnesses.
having all court proceedings on the record.
having an independent investigation.
indictment by a grand jury.

13. The case establishing that indigent defendants accused of a felony must be provided a lawyer was:

Barker v. Wingo.
Powell v. Alabama.
Gideon v. Wainwright.
Argensinger v. Hamlin.

14. Which is not one of the reasons the Sixth Amendment requires a speedy trial:

uncertainty about the outcome causes undue stress.
some defendants remain in jail because they cannot afford or have been denied bail.
the government incurs additional expenses.
cases generally improve with more time.

15. The test used by courts when determining whether pretrial identification procedures were constitutional is the:

harmless error test
totality of the circumstances test
preponderance of the evidence test
undue influence test

16. The Sixth Amendment guarantees a right to counsel during:

civil proceedings.
hostile contractual negotiations.
criminal proceedings.
any and all court proceedings

17. The Supreme Court has never incorporated this segment of the Sixth Amendment to apply to the states, although it does fall within the due process clause of the Fourteenth Amendment.

Being informed of the accusation.
Right to a jury trial.
Right to compulsory process
Confrontation rights.

18. The case establishing that indigents must be provided an attorney if they have been accused of misdemeanor offenses and the penalty could include incarceration is:

Barker v. Wingo.
Powell v. Alabama.
Gideon v. Wainwright.
Argensinger v. Hamlin.

19. Gideon v. Wainright established that indigent defendants are to be provided lawyers when faced with a(n):

custodial interrogation
deprivation of liberty
period of incarceration exceeding one year
adversary criminal proceeding

20. The Supreme Court held that denying legal counsel for a defendant at trial in a capital case was a denial of due process in:

Barker v. Wingo
Powell v. Alabama.
Gideon v. Wainwright.
Argensinger v. Hamlin.

21. Which of the following is not a "critical stage" requiring the Sixth Amendment right to counsel?

At sentencing.
At the arraignment.
During post-indictment identifications.
Investigation prior to suspect being charged.

22. Potential jurors are questioned by both sides to determine impartiality in a process called:

peremptory challenging
jury nullification
voir dire
habeus juris

23. A peremptory challenge seeks to remove a potential juror for:

lack of knowledge or intelligence
bias for the defendant.
bias against the defendant
any reason whatsoever.

24. In Douglas v. California the Court held that the right to counsel extends to:

the first appeal at all levels.
the first appeal at the state level only.
the first appeal at the federal level only.
all appeals.

25. Which is not one of the factors a court would use in determining witness reliability in show-up identifications?

Opportunity to view defendant during crime.
Level of attention witness was paying.
Level of intelligence the witness demonstrates.
The witness' level of certainty in his or her identification.