_____ is known as provides for the assistance of counsel, the right to confront witnesses, a public and speedy trial that will be held in the venue where the crime was committed, and provides for compulsory process (subpoenas) for obtaining witnesses in the defendant’s favor
Answer
Correct Answer:
Sixth Amendment
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_____ is defined as recognized, although not explicitly stated, in the Sixth Amendment to the U.S. Constitution
Answer
Correct Answer:
Right to self-representation
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_____ is under the standard announced by Strickland v. Washington (1984), counsel’s performance must fall below that expected of a reasonable attorney and such deficient performance must have affected the outcome of the case against the defendant
Answer
Correct Answer:
Ineffective assistance of counsel
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Is first appeal of right all convicted offenders have a right to one appeal under state or federal law; counsel appointed for mandatory appeals?
Answer
Correct Answer:
True
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_____ is known as unlawful when the government places an informant near a suspect represented by counsel to “deliberately elicit” incriminating statements, such as asking “Why did you do it?”
Answer
Correct Answer:
Deliberate elicitation
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_____ is defined as the Sixth Amendment of the Constitution, which gives defendants the right to see, hear, and confront (cross-examine) all witnesses against them in open court
Answer
Correct Answer:
Confrontation Clause
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The Sixth Amendment grants the right to counsel and counsel protects all due process rights to a fair trial, from investigation to execution.
Answer
Correct Answer:
True
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To prove a successful ineffective assistance of counsel claim, the defendant must prove counsel’s performance was deficient and counsel’s deficient performance did not change the outcome of the case.
Answer
Correct Answer:
False
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When the defendant has counsel, the government cannot use an undercover informant to trick the defendant into making incriminating statements.
Answer
Correct Answer:
True
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Court-appointed counsel is not required beyond the first appeal of right because the first appeal is examining______.
Answer
Correct Answer:
The sufficiency of evidence supporting the conviction
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Laboratory reports documenting the results of tests performed on drugs to be introduced against the defendant at trial cannot be admitted without a supporting witness pursuant to the Sixth Amendment’s Confrontation Clause because______.
Answer
Correct Answer:
Lab results are considered “testimony”
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The U.S. Supreme Court held in the McCoy v. Louisiana (2018) case that the Sixth Amendment guarantees for a criminal defendant______.
Answer
Correct Answer:
The assistance of counsel
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Prior to granting a defendant his right to represent himself at trial, the court engages in a colloquy with the defendant to establish that he knows what he is doing and______.
Answer
Correct Answer:
The rights he is giving up by representing himself
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The venue rule was incorporated into the Sixth Amendment as a result of the early American colonists who were accused of treason and had to be______.
Answer
Correct Answer:
Brought back to England for trial
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Both the waiver of the right to counsel pursuant to Miranda v. Arizona (1966), and the Sixth Amendment, must be______.
Answer
Correct Answer:
Voluntary, intelligent, and knowing
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In the development of Sixth Amendment case law, the case where mental hospital escapee Robert Williams disclosed the location of his 10-year-old victim because of police officers talking between themselves in violation of Williams’s right to counsel, Detective Leaming gave what is known as ______.
Answer
Correct Answer:
The “Christian Burial Speech”
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The case Gideon v. Wainwright (1963) established______.
Answer
Correct Answer:
The right to counsel regardless of ability to pay
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The appointment of counsel for indigent defendants is by all of the following procedures EXCEPT______.
Answer
Correct Answer:
Hiring their own counsel
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In the Powell v. Alabama (1932) case, the U.S. Supreme Court held that the nine defendants were not______.
Answer
Correct Answer:
Accorded the right of counsel in any substantial sense
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When the government seeks to deprive a person of life, liberty, or property, to fight back, which of the following will help the person throughout the justice process?
Answer
Correct Answer:
A lawyer
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The Sixth Amendment says the accused shall . . . have the assistance of counsel. Generally, “the accused” means______.
Answer
Correct Answer:
Formal charges have been filed
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