Deck 8: Right to Counsel

Question 1

Showup identification is used:

A) to narrow the focus of an investigation in cases in which the witnesses and police are uncertain of the offender's identity
B) when swift action is not necessary to confirm that police have apprehended the right person
C) when swift action is necessary to confirm that police have apprehended the right person
D) none of the above

Answer 1

C

Question 2

Under the Sixth Amendment, lawyers can do the following during interrogations:

A) limit the subjects that can be covered
B) consult with the accused in private
C) instruct clients not to answer questions
D) all of the above

Answer 2

D

Question 3

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

Answer 3

False

Question 4

Provisions stemming from the following govern pretrial identification:

A) Fourth Amendment
B) Sixth Amendment
C) due process
D) all of the above

Question 5

The Sixth Amendment protection for photographic identification:

A) applies only after the initiation of prosecution
B) requires the presence of counsel or a valid waiver
C) both a & b
D) none of the above

Question 6

This case extended the right of the indigent person's right to appointed counsel to the states:

A) Powell v. Alabama
B) Gideon v. Wainwright
C) Faretta v. California
D) Cayler v. Sullivan

Question 7

Police may not require the presence of the accused at a lineup or showup without a valid waiver or presence of counsel upon the initiation of prosecution.

Question 8

The following is permissible under a Terry stop:

A) showups
B) lineups
C) both a & b
D) none of the above

Question 9

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

A) recognize an obligation on the part of the government to provide counsel for indigent criminal defendants.
B) articulate the "critical stage" concept.
C) hold that the Sixth Amendment requires states to appoint counsel for indigent defendants facing felony charges.
D) hold that indigent defendants have a right to counsel during lineups.

Question 10

The Sixth Amendment has been interpreted to grant indigent defendants the right to have counsel appointed to represent them:

A) in all criminal prosecutions, both state and federal.
B) in all situations in which non-indigent defendants have the right to be assisted by retained counsel.
C) during the first appeal of a conviction.
D) before being compelled to participate in any witness identification proceedings.

Question 11

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

Question 12

Defendants wishing to represent themselves must:

A) be advised of the dangers and disadvantages of self-representation
B) prove that they are mentally competent to make the decision
C) be advised of their Sixth Amendment rights
D) all of the above

Question 13

Fillers (non-suspects) for use in photographic identification procedures do not need to match the witness's description of the suspect.

Question 14

This case was the first to recognize the indigent person's right to appointed counsel:

A) Powell v. Alabama
B) Gideon v. Wainwright
C) Faretta v. California
D) Cayler v. Sullivan

Question 15

In order for an event to be considered confrontation, the following parties must be present:

A) government and witnesses
B) witnesses, the accused, and counsel
C) government and the accused
D) crime lab staff and the government representative

Question 16

The following proceedings have been recognized as critical stages, entitled to Sixth Amendment protection, except for:

A) arraignments
B) bail hearings
C) custodial arrests
D) preliminary hearings

Question 17

Sixth Amendment protection stems from English Common Law.