7.10. Courtroom Workgroup: Defense Attorneys
50 questions available
Questions
What fundamental right is provided by the Sixth Amendment to the U.S. Constitution regarding legal representation in criminal proceedings?
View answer and explanationHistorically, what was the initial interpretation of the Sixth Amendment's right to counsel?
View answer and explanationIn the 1932 case of Powell v. Alabama, how did the Supreme Court expand the understanding of the right to counsel?
View answer and explanationWhat landmark decision in 1963 held that states must provide counsel to indigent defendants in all state felony prosecutions?
View answer and explanationAccording to the Supreme Court cases Argersinger v. Hamlin and Scott v. Illinois, when is the right to counsel in misdemeanor cases triggered?
View answer and explanationWhat is meant by a 'critical stage' of a criminal proceeding where a defendant has a right to counsel?
View answer and explanationWhich of the following is listed in the text as a court procedure considered to be a 'critical stage'?
View answer and explanationWhat did the Supreme Court hold in Mempa v. Rhay (1967) regarding the right to counsel?
View answer and explanationHow did the Supreme Court's decision in Gagnon v. Scarpelli (1973) modify the right to counsel at probation and parole revocation hearings?
View answer and explanationWhat distinction did the Supreme Court make between mandatory and discretionary appeals regarding the right to appointed counsel?
View answer and explanationWhat was the Supreme Court's reasoning in Ross v. Moffitt for not requiring appointed counsel for discretionary appeals?
View answer and explanationAccording to the Supreme Court's ruling in Bounds v. Smith (1977), what must prison authorities provide to inmates to ensure their constitutional right of access to the courts?
View answer and explanationWhat is a 'conflict case' in the context of a public defender's office?
View answer and explanationWhat constitutional standard for evaluating ineffective assistance of counsel was established in Strickland v. Washington (1984)?
View answer and explanationIn the context of the Strickland test, what does 'prejudice' mean?
View answer and explanationWhat right for defendants was established by the Supreme Court in Faretta v. California (1975)?
View answer and explanationWhat did the Court stress was important for a trial court to do when a defendant wishes to waive counsel, as per the Faretta decision?
View answer and explanationWhat is the role of a 'standby counsel'?
View answer and explanationAccording to the text, which of the following is a decision that must be made by the defendant, not the defense attorney?
View answer and explanationWhat did the Supreme Court rule in Wheat v. United States (1988) regarding a defendant's choice of counsel?
View answer and explanationIn contrast to the Wheat case, what was the ruling in United States v. Gonzalez-Lopez (2008)?
View answer and explanationWhat primary duty does the ABA Standard 4-1.2 state that defense counsel owes to the administration of justice?
View answer and explanationWhat did the Court hold in Johnson v. Zerbst (1938) regarding the right to counsel in federal trials?
View answer and explanationHow did the Zerbst case define a constitutional waiver of the right to counsel?
View answer and explanationWhat national system did the Criminal Justice Act of 1964 establish?
View answer and explanationAccording to the text, in which situation did the court in Estelle v. Smith (1981) find a defendant was entitled to consult with counsel?
View answer and explanationWhat is the primary reason that there is no purely public defender system, requiring the use of assigned or contract attorneys?
View answer and explanationWhen determining if a person is indigent for the purpose of appointing counsel, what have lower courts generally held regarding the financial resources of family members?
View answer and explanationUnder what circumstance must a defense attorney withdraw from a case, even if it creates an ethical dilemma in explaining the reason to the court?
View answer and explanationWhich 1945 congressional action requires defendants in federal cases to have counsel, or affirmatively waive it, from initial appearance through appeal?
View answer and explanationWhat did the Court find in Satterwhite v. Texas (1988)?
View answer and explanationWhen an indigent defendant is convicted, what often happens regarding the cost of their court-appointed attorney?
View answer and explanationWhat did the Court hold in McKaskle v. Wiggins (1984) regarding the duties of a trial judge towards a pro se defendant?
View answer and explanationWhat is the key difference between the right to counsel in a civil commitment proceeding and a criminal trial?
View answer and explanationAccording to ABA Standard 4-1.2(c), how should defense counsel approach a capital case differently from other criminal cases?
View answer and explanationWhat does the text suggest about a defendant's ability to repeatedly 'fire' their appointed counsel?
View answer and explanationIn the case Wiggins v. Smith, why did the Court find the defense attorneys provided ineffective assistance during the sentencing portion of a death penalty trial?
View answer and explanationAccording to the ruling in Wiggins v. Smith, when are 'strategic choices made after less than complete investigation' considered reasonable?
View answer and explanationWhat is the primary reason the right to counsel has been extended to various stages of the criminal process?
View answer and explanationThe right to counsel means the right to be represented by an attorney who is...
View answer and explanationWhich statement best describes the Supreme Court's stance on the effectiveness of counsel as first articulated in McMann v. Richardson (1970)?
View answer and explanationWhat obligation does ABA Standard 4-1.2(g) place on defense counsel regarding legal authority?
View answer and explanationWhich case extended the right to counsel to juvenile delinquency proceedings?
View answer and explanationWhat is the consequence if a defendant is acquitted after being represented by a court-appointed attorney?
View answer and explanationAccording to the text, why might it be difficult to predict when a judge will incarcerate a person for a misdemeanor, making the right-to-counsel rule hard to implement?
View answer and explanationWhy does the text state that the right to be heard would be 'of little avail' without the right to be heard by counsel?
View answer and explanationThe period between the 1932 Powell case and the 1963 Gideon case was characterized by what approach to appointing counsel in state prosecutions?
View answer and explanationWhat does the text identify as a primary duty of a defense lawyer in fulfilling their obligations to a client?
View answer and explanationThe text states that in practice, most states now have what kind of offices to handle the majority of indigent defense cases?
View answer and explanationWhat is a 'mixed system' for providing indigent defense?
View answer and explanation