Question 1

A defendant has a Sixth Amendment right to an attorney at trial if the offense carries a potential punishment of incarceration.

Accepted Answer

The answer of A defendant has a Sixth Amendment right...

Question 2

The right to confront witnesses is found in the Sixth Amendment.

Accepted Answer

The Sixth Amendment of the United States Constitution includes the right to confront witnesses.

Question 3

Jeopardy attaches in a jury trial when the first witness is sworn.

Accepted Answer

Jeopardy attaches in a jury trial when the jury is empaneled and sworn, not when the first witness is sworn.

Question 4

In a criminal proceeding,the prosecutor has a duty to disclose evidence favorable to a defendant;failure to disclose violates a defendant's constitutional right to due process.

Accepted Answer

This is known as the Brady Rule, established by the Supreme Court in Brady v. Maryland (1963). It requires prosecutors to disclose any evidence that is favorable to the defendant, even if the prosecutor does not intend to use it at trial. Failure to disclose such evidence violates the defendant's constitutional right to a fair trial and due process.

Question 5

A defendant has a Sixth Amendment right to a jury trial for all serious offenses.

Accepted Answer

The Sixth Amendment of the United States Constitution guarantees the right to a jury trial for all serious offenses.

Question 6

The responsibility of the defense attorney is to the client.

Accepted Answer

The main responsibility of a defense attorney is to advocate for the interests and rights of their client. They are obligated to provide the best possible legal defense and ensure that their client's constitutional rights are not infringed upon. Therefore, their loyalty and duty is to their client, not to the prosecutor or anyone else involved in the case.

Question 7

There is no violation of double jeopardy if a person is tried in both state and federal courts for the same conduct.

Accepted Answer

This is known as the "dual sovereignty" doctrine, which holds that state and federal governments are separate sovereigns and can each bring their own charges for the same conduct without violating the Fifth Amendment's Double Jeopardy Clause.

Question 8

There is no violation of double jeopardy if the person is tried for the same conduct in two separate states.

Accepted Answer

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution only protects an individual from being prosecuted for the same offense twice in the same jurisdiction. Therefore, a person can be tried for the same conduct in two separate states without violating double jeopardy.

Question 9

The Sixth Amendment requires jury trials in juvenile cases.

Accepted Answer

The Sixth Amendment guarantees the right to a jury trial for criminal cases, but it does not specifically require it in juvenile cases. Courts may choose to use a judge instead of a jury for juvenile cases.

Question 10

The Sixth Amendment does not require a twelve-person jury.

Accepted Answer

The Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury, but it does not specify the number of jurors, allowing for fewer than twelve in certain cases.

Question 11

The Sixth Amendment requires that state criminal trial verdicts be unanimous.

Accepted Answer

The Sixth Amendment requires unanimous verdicts in federal criminal trials, but the Supreme Court has ruled that non-unanimous verdicts are permissible in state criminal trials, except for Louisiana and Oregon, where unanimous verdicts are required following the Ramos v. Louisiana decision in 2020.

Question 12

The right to counsel is covered by the Fifth Amendment.

Accepted Answer

The right to counsel is covered by the Sixth Amendment.

Question 13

It is easy to prove ineffective assistance of counsel.

Accepted Answer

It is not easy to prove ineffective assistance of counsel. Courts generally require a high standard of proof and require the defendant to show that their attorney's performance fell below an objective standard of reasonableness and that this deficient performance prejudiced the defendant's case.

Question 14

A speedy trial is a trial free from unnecessary and unwanted delay.

Accepted Answer

A speedy trial is one that is conducted without unnecessary or unreasonable delays. This is enshrined as a constitutional right in some countries, including the United States, where the Sixth Amendment guarantees the right to a speedy trial.

Question 15

The right to protection against self-incrimination includes physical self-incrimination.

Accepted Answer

The answer of The right to protection against self-incrimination includes...

Question 16

The media have an absolute First and Sixth Amendment right to attend all portions of criminal trials and hearings.

Accepted Answer

The media do not have an absolute First and Sixth Amendment right to attend all portions of criminal trials and hearings. While the First Amendment provides significant protections for the press, courts can limit access to certain proceedings if there are overriding interests, such as protecting a defendant's right to a fair trial under the Sixth Amendment or safeguarding the privacy of victims and witnesses.

Question 17

The U.S.Supreme Court has forbidden trial court judges from issuing a gag order to control prejudicial publicity.

Accepted Answer

The U.S. Supreme Court has not forbidden trial court judges from issuing a gag order to control prejudicial publicity. Trial court judges may still issue gag orders in certain circumstances, such as to protect a defendant's right to a fair trial. However, gag orders must be narrowly tailored to address the specific concerns and must not violate the First Amendment right to free speech and the press.

Question 18

Undisclosed favorable evidence that is not material to the issue of guilt or innocence does not lead to a reversal of the conviction.

Accepted Answer

Undisclosed favorable evidence that is not material to the issue of guilt or innocence is not considered a violation of due process and will not lead to a reversal of conviction. The evidence must be both favorable and material to the case in order to be considered a constitutional violation.

Question 19

Due process means "fundamental fairness," but it has no fixed meaning that applies to all situations.

Accepted Answer

Due process is a flexible concept that can vary depending on the specific context and circumstances. It generally refers to a set of procedures and safeguards aimed at ensuring that individuals are treated fairly and have the opportunity to be heard before being deprived of life, liberty, or property. However, what constitutes "fundamental fairness" can be open to interpretation and may depend on factors such as the nature of the legal dispute, the interests and rights at stake, and the relative power of the parties involved.

Question 20

The right to compulsory process to obtain witnesses includes the power to require the appearance of witnesses.

Accepted Answer

The right to compulsory process under the Sixth Amendment to the United States Constitution includes the power to require witnesses to appear and testify in court. This is a fundamental right in criminal trials and is essential to ensure a fair trial for the defendant.

Quiz 12: Constitutional Rights of the Accused During Trial