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Exam 11: The Sixth Amendment: Right to Counsel and a Fair Trial

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Question 21

Multiple Choice

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What was the significance of Townsend v. Burke (1948) in relation to the Sixth Amendment?

A) The deliberate use of perjured testimony violates due process laws.
B) Police may not question the accused without the attorney present.
C) A convicted offender has a right to counsel at the time of sentencing.
D) Even when statements regarding the charged offense are not admissible because the person's Sixth Amendment rights were violated, they are still admissible to impeach the witness.

E) All of the above
F) None of the above

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Question 22

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The right to a speedy trial does not attach until the defendant is arrested or indicted, and then it remains in effect through conviction.

A) True
B) False

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Question 23

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Discuss the evolution of the right to be represented by an attorney during a criminal trial.

___________________ refer to a specific number of allowances that are given to each side in a case, which they may assert to remove potential jurors, for any reason whatsoever.

According to the text, what percentage of defendants are unable to pay for their attorneys?

A __________________ is "a solemn declaration or affirmation made for the purpose of establishing or proving some fact."

A ______________ requires an individual to appear in court to testify or to bring physical evidence to court.

The geographic area in which a specific case may come to trial, and the area from which the jury is selected, is referred to as the ___________.

How does the Sixth Amendment interact with the First Amendment?

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

The 1967 case of In re Gault depicted a landmark shift for juveniles away from the ______________ model toward a more "due process" model, which guaranteed juveniles constitutional rights.

The United States Justice System is best referred to as an:

The waiver of a person's Sixth Amendment right to counsel must be voluntary, knowing, and _______________.

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

What was the significance of Mooney v. Holohan (1935) ?

In reference to the Massiah standard, ________________________ violates the Sixth Amendment by purposefully, yet covertly, drawing out incriminating statements from a suspect whose Sixth Amendment right to counsel has attached, but who has not waived the right.

The _____________ holds that the suppression by the prosecution of evidence favorable to an accused, upon request, violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.

The Star Chamber was:

Federal courts and state courts have a system in place to enable them to randomly compile lists of potential jurors.

Public defenders are employed by the government to ensure that everyone's Sixth Amendment right to counsel is met, particularly those who cannot afford their own lawyer. You have just graduated from law school and are a brand-new public defender. Your first client is charged with armed robbery and, during your first meeting with her, she says, "I thought I was entitled to the best attorney available?" Explain to your client her entitlement in terms of effective assistance in her criminal trial.