Chapter 8 Quiz

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Gideon v. Wainwright was a milestone in American constitutional jurisprudence because it was the first case to:

recognize an obligation on the part of the government to provide counsel for indigent criminal defendants

articulate the “critical stage” concept

hold that the Sixth Amendment requires states to appoint counsel for indigent defendants facing felony charges

hold that indigent defendants have a right to trial by jury

None

Sam was placed on trial for shoplifting, a misdemeanor with a penalty of up to one year in jail and/or a $500 fine. Before the trial began, he told the judge, “I want a lawyer but I can’t afford one. The judge replied, “Things are bad everywhere, Sam. The city can’t afford to provide you with one either.” Sam was tried without a lawyer, convicted, and fined $300. Which of the following accurately states the right of indigent defendants to appointed counsel in misdemeanor trials?

counsel must be made available in all misdemeanor trials

counsel must be made available only for misdemeanors that carry jail time

indigent criminal defendants may be tried for a misdemeanor without counsel so long as they are not sentenced to incarceration

indigent criminal defendants facing misdemeanor charges may not be sentenced to serve more than 30 days in jail unless counsel is appointed to represent them

None

George was indicted for child molestation and retained an attorney to represent him. A week before the trial, George decided that he wanted to represent himself, fired his attorney, and made his desires known to the trial judge. The trial judge should:

permit George to represent himself if he is mentally competent and made the decision after being advised of his Sixth Amendment rights and warned of the dangers of proceeding without counsel

advise George that the only right the Sixth Amendment grants him is the right to counsel; he has no right to represent himself

allow George to start the trial, but replace him with appointed counsel if he demonstrates that he is not capable of effectively representing himself

allow George to make opening and closing arguments, but appoint an attorney to conduct the rest of the trial

None

Which of the following is NOT one of the events that signal the initiation of a criminal prosecution?

issuance of an arrest warrant by a magistrate

return of an indictment by a grand jury

filing of information by the prosecutor

an arraignment during which the defendant is read the charges and asked to enter a plea

None

To be considered a critical stage in which the accused has a Sixth Amendment right to counsel, the proceedings must:

involve a courtroom confrontation between the government and the accused

occur before the trial

be one for which the right to counsel was recognized at common law

none of the above

None

Which of the following is NOT considered a “critical stage” during which the defendant has a Sixth Amendment right to counsel?

a bail hearing

a photographic identification

a post-indictment lineup

a preliminary hearing

None

Pretrial identification testimony may be challenged as violating the:

Fourth Amendment

Sixth Amendment right to counsel

Due Process clause of the Fifth Amendment

all of the above

None

Which of the following correctly describes the Sixth Amendment’s protection during photographic identification proceedings?

The Sixth Amendment does not apply to photographic identification.

The Sixth Amendment applies to photographic identification proceedings conducted after initiation of prosecution.

The Sixth Amendment requires police to avoid saying or doing anything that might influence the witness’s decision about whose photograph to select.

The Sixth Amendment is violated if the identification is made from a mug shot that derived from an illegal arrest.

None

Lineups are:

the most suggestive of the three witness identification procedures

used to narrow the focus of an investigation in cases where the witness and the police are uncertain of the offender’s identity

not permitted after the accused has been indicted

none of the above

None

10.

Use of a showup identification is appropriate when:

the suspect is apprehended near the scene of the crime shortly after its commission and police have a strong need for a quick confirmation that they have apprehended the right person

police do not have a recent photograph

police are unable to find enough volunteers who bear a close resemblance to suspect to assemble a lineup

all of the above

None

11.

The due process clause requires exclusion of testimony that an eyewitness identified the accused if the identification:

occurred after an illegal arrest

resulted from unnecessarily suggestive procedures that created a substantial risk of a mistaken identification

is made without counsel or a valid waiver

all of the abov

None

12.

The Sixth Amendment guarantees indigent criminal defendants the right to be represented by appointed counsel in any situation in which persons who are not indigent have the right to representation by retained counsel.

TRUE

FALSE

None

13.

A witness who makes a pretrial identification that is inadmissible on Sixth Amendment grounds will not be permitted to make an identification in the courtroom during the trial unless the judge determines that the witness has an independent basis that derived from recollection of the perpetrator acquired at the time of the crime

TRUE

FALSE

None

14.

The Sixth Amendment right to appointed counsel extends to the appeals process and habeas corpus hearings.

TRUE

FALSE

None

15.

Sixth Amendment protection attaches only after criminal prosecution has been initiated.

TRUE

FALSE

None

16.

Non-suspects selected for use in lineups should resemble the person the witness described as the perpetrator, not the person the police suspect.

TRUE

FALSE

None

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