7.10. Courtroom Workgroup: Defense Attorneys

50 questions available

Summary unavailable.

Questions

Question 1

What fundamental right is provided by the Sixth Amendment to the U.S. Constitution regarding legal representation in criminal proceedings?

View answer and explanation
Question 2

Historically, what was the initial interpretation of the Sixth Amendment's right to counsel?

View answer and explanation
Question 3

In the 1932 case of Powell v. Alabama, how did the Supreme Court expand the understanding of the right to counsel?

View answer and explanation
Question 4

What landmark decision in 1963 held that states must provide counsel to indigent defendants in all state felony prosecutions?

View answer and explanation
Question 5

According 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 explanation
Question 6

What is meant by a 'critical stage' of a criminal proceeding where a defendant has a right to counsel?

View answer and explanation
Question 7

Which of the following is listed in the text as a court procedure considered to be a 'critical stage'?

View answer and explanation
Question 8

What did the Supreme Court hold in Mempa v. Rhay (1967) regarding the right to counsel?

View answer and explanation
Question 9

How 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 explanation
Question 10

What distinction did the Supreme Court make between mandatory and discretionary appeals regarding the right to appointed counsel?

View answer and explanation
Question 11

What was the Supreme Court's reasoning in Ross v. Moffitt for not requiring appointed counsel for discretionary appeals?

View answer and explanation
Question 12

According 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 explanation
Question 13

What is a 'conflict case' in the context of a public defender's office?

View answer and explanation
Question 14

What constitutional standard for evaluating ineffective assistance of counsel was established in Strickland v. Washington (1984)?

View answer and explanation
Question 15

In the context of the Strickland test, what does 'prejudice' mean?

View answer and explanation
Question 16

What right for defendants was established by the Supreme Court in Faretta v. California (1975)?

View answer and explanation
Question 17

What 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 explanation
Question 18

What is the role of a 'standby counsel'?

View answer and explanation
Question 19

According to the text, which of the following is a decision that must be made by the defendant, not the defense attorney?

View answer and explanation
Question 20

What did the Supreme Court rule in Wheat v. United States (1988) regarding a defendant's choice of counsel?

View answer and explanation
Question 21

In contrast to the Wheat case, what was the ruling in United States v. Gonzalez-Lopez (2008)?

View answer and explanation
Question 22

What primary duty does the ABA Standard 4-1.2 state that defense counsel owes to the administration of justice?

View answer and explanation
Question 23

What did the Court hold in Johnson v. Zerbst (1938) regarding the right to counsel in federal trials?

View answer and explanation
Question 24

How did the Zerbst case define a constitutional waiver of the right to counsel?

View answer and explanation
Question 25

What national system did the Criminal Justice Act of 1964 establish?

View answer and explanation
Question 26

According 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 explanation
Question 27

What is the primary reason that there is no purely public defender system, requiring the use of assigned or contract attorneys?

View answer and explanation
Question 28

When 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 explanation
Question 29

Under 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 explanation
Question 30

Which 1945 congressional action requires defendants in federal cases to have counsel, or affirmatively waive it, from initial appearance through appeal?

View answer and explanation
Question 31

What did the Court find in Satterwhite v. Texas (1988)?

View answer and explanation
Question 32

When an indigent defendant is convicted, what often happens regarding the cost of their court-appointed attorney?

View answer and explanation
Question 33

What did the Court hold in McKaskle v. Wiggins (1984) regarding the duties of a trial judge towards a pro se defendant?

View answer and explanation
Question 34

What is the key difference between the right to counsel in a civil commitment proceeding and a criminal trial?

View answer and explanation
Question 35

According to ABA Standard 4-1.2(c), how should defense counsel approach a capital case differently from other criminal cases?

View answer and explanation
Question 36

What does the text suggest about a defendant's ability to repeatedly 'fire' their appointed counsel?

View answer and explanation
Question 37

In 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 explanation
Question 38

According to the ruling in Wiggins v. Smith, when are 'strategic choices made after less than complete investigation' considered reasonable?

View answer and explanation
Question 39

What is the primary reason the right to counsel has been extended to various stages of the criminal process?

View answer and explanation
Question 40

The right to counsel means the right to be represented by an attorney who is...

View answer and explanation
Question 41

Which statement best describes the Supreme Court's stance on the effectiveness of counsel as first articulated in McMann v. Richardson (1970)?

View answer and explanation
Question 42

What obligation does ABA Standard 4-1.2(g) place on defense counsel regarding legal authority?

View answer and explanation
Question 43

Which case extended the right to counsel to juvenile delinquency proceedings?

View answer and explanation
Question 44

What is the consequence if a defendant is acquitted after being represented by a court-appointed attorney?

View answer and explanation
Question 45

According 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 explanation
Question 46

Why 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 explanation
Question 47

The 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 explanation
Question 48

What does the text identify as a primary duty of a defense lawyer in fulfilling their obligations to a client?

View answer and explanation
Question 49

The text states that in practice, most states now have what kind of offices to handle the majority of indigent defense cases?

View answer and explanation
Question 50

What is a 'mixed system' for providing indigent defense?

View answer and explanation

Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary