Deck 7: Assistance of Counsel

Question 1

The defendant in a misdemeanor case tried before a jury has the right:

A) not to be tried in jail clothes.
B) to standby counsel.
C) to a public defender.
D) None of the above are correct.

Answer 1

not to be tried in jail clothes.

Question 2

The Illinois v. Allen decision held that an unruly defendant could be:

A) removed from the courtroom.
B) gagged.
C) held in contempt of court.
D) Any of the above

Answer 2

Any of the above

Question 3

Once a trial has commenced and a defendant has knowingly and voluntarily absented himself or herself, the trial judge:

A) may continue with the trial.
B) must declare a mistrial.
C) must grant a continuance.
D) None of the above

Answer 3

may continue with the trial.

Question 4

The Cureton test requires:

A) the defendant to be present at all stages of the trial except the sentencing.
B) the defendant to be present during the main portion of the trial.
C) that a trial may continue without the defendant if it is shown that the defendant's absence be knowingly and voluntary.
D) that at least the prosecutor be present.

Question 5

When must the court appoint a counsel to represent the defendant?

A) In all felony cases
B) Counsel must be provided for any defendant brought to trial irrespective of the charge.
C) In all criminal cases when defendant is poor
D) In all capital cases

Question 6

In which case did the U.S. Supreme Court hold that the defendant has the right to counsel during the course of any police interrogation?

A) Douglas v. California
B) Escobedo v. Illinois
C) Powell v. Alabama
D) Faretta v. California

Question 7

The U.S. Supreme Court has held that a defendant may waive the assistance of counsel and represent him or herself:

A) if he or she is unable to afford an attorney.
B) if he or she cannot find an attorney to take his or her case.
C) if the defendant knowingly and intelligently waives counsel.
D) only in felony cases.

Question 8

The Faretta case authorized a trial judge to appoint standby counsel in which of the following situations?

A) Only with consent of the defendant
B) Even over the objection of the defendant
C) Only in capital cases
D) Only in felony cases and with the approval of defendant

Question 9

When attorneys are found to be ineffective, they are frequently:

A) fined by the state court judge.
B) sanctioned by the state bar association.
C) fined by the federal appeals court.
D) found to be in contempt of court.

Question 10

The ________ decision points out that the burden of proving ineffective assistance of counsel is on the defendant.

A) Strickland
B) Jackson
C) Johnson
D) Smith

Question 11

The test for effective assistance of counsel derived from which case below?

A) Miranda v. Arizona
B) Strickland v. Washington
C) Escobedo v. Illinois
D) Batson v. Kentucky

Question 12

Defendants who cannot afford an attorney of their own are referred to as:

A) indigent defendants.
B) opulent defendants.
C) Shay defendants.
D) prolific defendants.

Question 13

An attorney appointed by a judge to be available to consult with the defendant in cases where the defendant represents himself or herself.

A) Pro se counsel
B) Standby counsel
C) De novo counsel
D) En banc counsel

Question 14

A warrant issued by the judge during a trial.

A) Exculpatory warrant
B) Ex parte warrant
C) Habeas corpus warrant
D) Bench warrant

Question 15

A test formerly used to determine if the defense counsel adequately represented the defendant.

A) Wilson and Rogers test
B) Farce or Sham test
C) Iniquitous test
D) Smith and Rogers test

Question 16

Counsel is considered ineffective if in representing the defendant, the counsel:

A) fails to meet the standard of competence expected of criminal case attorneys.
B) loses the case.
C) shows a lack of preparation.
D) displays a general incompetence.

Question 17

A defendant may allege ineffectiveness of counsel when there may have been:

A) acts or omissions such as the failure of counsel to enter a proper plea when applicable.
B) the failure to raise the defense of diminished capacity.
C) the failure to cross-examine prosecution witnesses.
D) All of the above are correct.

Question 18

The right to confront witnesses is guaranteed in the:

A) 4th Amendment.
B) 5th Amendment.
C) 6th Amendment.
D) 8th Amendment.

Question 19

The ________ decision definitely established that a trial could take place in the absence of a defendant when he or she was so disruptive that his or her removal from the courtroom became necessary.

A) Allen
B) Johnson
C) Jackson
D) Timothy

Question 20

Conviction rates for indigent defendants and those rather than their own lawyers were ________ in Federal and States courts.

A) much higher
B) slightly higher
C) much lower
D) about the same

Question 21

To prevent a conviction in absentia from taking place in the United States, the ________ Amendment of the U.S. Constitution, as well as the laws of all the states, includes a provision entitling an accused to be confronted with the witnesses for the prosecution.

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

Question 22

John Doe, who is on trial, becomes a disruption in the court room and is removed. What takes place after his removal?

A) The trial must stop due to John Doe's Sixth Amendment right.
B) The trail can continue without him being present.
C) John Doe is denied due process of law under the 14^th Amendment and the trial must stop.
D) The trial must stop due to John Doe's Eight Amendment right.

Question 23

The Sixth Amendment gives the defendant the right to be present at his or her trial.

Question 24

The right to the assistance of counsel is embodied in the Fifth Amendment to the U.S. Constitution.

Question 25

For many years, the interpretation of the right of the accused to be present during trial was so rigid that, if a defendant was not present, a trial had to be halted until he or she was in attendance.

Question 26

Under the common law of England, one on trial for a felony was not entitled to the assistance of counsel.

Question 27

At common law in England, an accused had the right to the assistance of counsel in misdemeanor cases.

Question 28

For many years the constitutional guarantee to the assistance of counsel was interpreted to mean at trial time only and not before.

Question 29

The constitutional guarantee to the assistance of counsel is made obligatory upon the states by the Fourteenth Amendment.

Question 30

An accused does not have the right to counsel in petty cases.

Question 31

An accused has the right to waive the assistance of counsel and represent him or herself.

Question 32

Faretta v. California held that a defendant MUST be provided counsel in felony cases.

Question 33

To prevail in a claim of ineffective assistance of counsel, all a defendant must show is that he or she was convicted at the trial court.

Question 34

A defendant who represents himself or herself is referred to as "appearing in propria persona."

Question 35

In the case of Escobedo v. Illinois, the U.S. Supreme Court held that the right to the assistance of counsel begins long before the time of the trial and may occur even before an arrest is made.

Question 36

On average, sentence lengths for defendants sent to jail or prison were much longer for those with publicly financed attorneys than those who hired counsel.

Question 37

Of those found guilty in trial, those represented by publicly financed attorneys were incarcerated at a higher rate than those defendants who paid for their own legal representation.

Question 38

In some countries, an accused person may be tried and convicted of a crime without being present and without knowing that a trial has taken place. This procedure is referred to as conviction ________.

Question 39

The ________ decision points out that the burden of proving ineffective assistance of counsel is on the defendant.

Question 40

If effective counsel cannot be readily obtained, all prosecutive action must be ________.

Question 41

An unruly defendant may be ________.

Question 42

One of the earliest decisions in which the U.S. Supreme Court held that in certain instances an accused must be provided with an attorney, if he or she cannot afford one, was the case of ________.

Question 43

In the case of ________, the U.S. Supreme Court held that counsel must be provided for any defendant brought to trial irrespective of the charge.

Question 44

The Sixth Amendment, which in enumerated situations has been made applicable to the States by reason of the ________ provides specified standards for all criminal prosecutions.

Question 45

When an accused requests permission for self- representation, it is usually necessary for the trial judge to hold a(n) ________ to determine the capability of the accused to make the waiver.

Question 46

In the case ________, the U.S. Supreme Court reaffirmed the Faretta ruling that a trial judge may appoint a standby attorney over the objections of the defendant.

Question 47

A defendant is entitled not only to the assistance of counsel but also to effective ________.

Question 48

What is the significance of the Coy v. Iowa decision?

Question 49

Explain the accused's right to assistance of counsel.

Question 50

What is the significance of the Escobedo decision?

Question 51

Explain the test for effective assistance of counsel.

Question 52

Compare and contrast the conviction rates related to appointed counsel versus private attorneys.

Question 53

What action could or should a judge take when the defendant refuses to behave?

Question 54

Based on the chapter, do you feel that the United States does enough to provide the accused with counsel?