#1
In the United States, which Amendment guarantees the right to counsel in criminal prosecutions?
Sixth Amendment
ExplanationThe Sixth Amendment guarantees the right to counsel in criminal prosecutions.
#2
Who is responsible for appointing counsel to defendants who cannot afford one?
The judge
ExplanationJudges are responsible for appointing counsel to indigent defendants.
#3
What is the term for when a defendant represents themselves in court without the assistance of an attorney?
Pro se representation
ExplanationDefendant representing themselves in court without an attorney.
#4
Which constitutional amendment prohibits the use of compelled self-incrimination?
Fifth Amendment
ExplanationFifth Amendment prohibits compelled self-incrimination.
#5
What does the term 'pro bono' mean in the context of legal representation?
Legal representation provided free of charge
Explanation'Pro bono' means legal representation provided free of charge.
#6
Which of the following statements about the right to counsel is true?
It applies at critical stages of criminal proceedings
ExplanationRight to counsel applies at critical stages of criminal proceedings.
#7
Which Supreme Court case established the right to counsel for indigent defendants in felony cases?
Gideon v. Wainwright
ExplanationLandmark case establishing right to counsel for indigent defendants in felonies.
#8
Under what circumstance can a defendant waive their right to counsel?
If they knowingly and voluntarily waive the right
ExplanationDefendants can waive right to counsel if done knowingly and voluntarily.
#9
What does the term 'effective assistance of counsel' refer to?
The quality of legal representation provided to a defendant
ExplanationRefers to the quality of legal representation provided to a defendant.
#10
Which of the following is NOT a responsibility of defense counsel?
Prosecuting the case
ExplanationDefense counsel's role does not include prosecuting the case.
#11
What landmark Supreme Court case established the requirement for police to inform suspects of their rights, including the right to counsel?
Miranda v. Arizona
ExplanationMiranda v. Arizona established rights including the right to counsel.
#12
Which U.S. Supreme Court case held that indigent defendants have a right to appointed counsel in all criminal trials?
Gideon v. Wainwright
ExplanationGideon v. Wainwright held right to appointed counsel for indigent defendants.
#13
What landmark Supreme Court case expanded the right to counsel to misdemeanor cases where incarceration is imposed?
Argersinger v. Hamlin
ExplanationCase expanding right to counsel to misdemeanor cases with incarceration.
#14
In which scenario might the right to counsel not apply?
During police interrogation
ExplanationRight to counsel might not apply during police interrogation.
#15
Which of the following is a situation where the right to counsel may be temporarily suspended?
During a lineup
ExplanationRight to counsel may be suspended during a lineup.
#16
In the context of the right to counsel, what does 'conflict of interest' refer to?
A situation where the defense attorney has a personal interest that may interfere with their representation
Explanation'Conflict of interest' refers to defense attorney's personal interest conflicting with representation.
#17
Which Supreme Court case established the principle that the right to counsel extends to critical stages of criminal proceedings?
Johnson v. Zerbst
ExplanationJohnson v. Zerbst established right to counsel at critical stages.
#18
In which situation might a defendant be entitled to a new trial due to ineffective assistance of counsel?
If their attorney did not properly investigate the case
ExplanationDefendant might get a new trial if attorney did not properly investigate.