1) Please select the answer that best describes the Total Incorporation Doctrine.

Group of answer choices below

A) The constitutional law concept utilized by the United States Supreme Court that refers to the manner in which selected provisions of the Bill of Rights have been applied to the states through the Due Process Clause of the Fourteenth Amendment.

B) The constitutional law concept utilized by the United States Supreme Court that refers to the manner in which selected provisions of the Bill of Rights have been applied to the states through the Privileges orImmunities Clause of the Fourteenth Amendment.

C) A minority constitutional law conceptof the United States Supreme Courtassertingthat the Fourteenth Amendment incorporated the entirety of the Bill of Rights guarantees and made them applicable to the States.

D) A majority constitutional law concept of the United States SupremeCourtassertingthat the Fourteenth Amendment incorporated the entirety of the Bill of Rights guarantees and made them applicable to the States.

2) Please select the answer that bestdescribes the Selective Incorporation Doctrine.

Group of answer choices

A) A minority view constitutional law concept of the United States Supreme Court asserting that the Fourteenth Amendment incorporated the entirety of the Bill of Rights guarantees and made them applicable to the States.

B) The constitutional law concept utilized by the United States Supreme Court that refers to the manner in which selected provisions of the Bill of Rights have been applied to the States through the Due Process Clause of the Fourteenth Amendment.

C) A majority view constitutional law concept of the United States Supreme Court asserting that the Fourteenth Amendment incorporated the entirety of the Bill of Rights guarantees and made them applicable to the States.

D) The constitutional law concept utilized by the United States Supreme Court that refers to the manner in which selected provisions of the Bill of Rights have been applied to the States through the Equal Protection Clause of the Fourteenth Amendment.

3) In Strickland,Justice O'Connor articulated a two-part test to determine whether an ineffective assistance of counsel claim warranted a reversal of a trial conviction.Please select the answer that best describes the Strickland test.

Group of answer choices

A) First,a defendant must demonstrate that the attorney's performance was deficient as evidenced bya violation of specific guidelines governing the function of defense representation.Second,the defendant must illustrate that the circumstancessurrounding the trial support a presumption that counsel was ineffective.

B) First,a defendant must demonstrate that the attorney made a strategic decision that was reasonable at the time of trial,but in hindsight proved to be erroneous.Second,the defendant must show thathe/she was prejudiced by the erroneous strategy under a clear and convincing standard of proof.

C) First, a defendant must demonstrate that the attorney was objectively deficient through a reasonably effective assistance analysis that is guided by prevailing norms and consideration of all circumstances relevantto counsel's performance. Second, the defendant must show that he/she was actually prejudiced to the point that confidence in the fairness of the proceeding's outcome has been undermined.

D) First, a defendant mustdemonstrate that the attorney was not his preferred option of representation.Second,the defendant must show that if he/she would have had a more skilled attorney, there is a strong likelihood that he would have not been convicted.

4) The Supreme Court of the United States (SCOTUS) has never provided a ubiquitous one-line definition for what constitutes a "critical stage" during a prosecution necessitating the presence of counsel. However, it has described a "critical stage" in numerous ways depending on the circumstances of a case. Which of the followingdescriptions has notbeen used by SCOTUS to describe a "critical stage."

Group of answer choices

A) Counsel's assistance is guaranteed "whenever necessary to mount a meaningful defense."

B) A critical stage presents a moment when "available defenses may be irretrievably lost,if not then and there asserted."

C) "A critical stage holds significant consequences for the accused."

D) A critical stage "is any pre-trial hearing that presents minimal risk that counsel's absence might derogate from a defendant's right to a fair trial."

5) Which of the following phrases has not been used by the Supreme Court of the United States to describe due process rights?

A) Rights that guarantee equal protection of the law.

B) Rights so rooted in the traditions and conscience of our people as to be ranked fundamental

C) Rights implicit in the ordered standard of liberty.

D) Rights that lie at the base of all our civil and political institutions.

6) Please select the answer that best capturesthe nature of the Gideonruling.

Group of answer choices

A) Gideon looked to pre-Betts case precedent to restore constitutional principles established to achieve a fair system of justice in state courts across the country.

B) Gideon obligated federal courts to appoint counsel to indigent defendants in all consequential felony cases.

C) Gideon obligated states court courts to appoint counsel to indigent capitaldefendants under specialcircumstances.

D) Gideon overruled the Johnson v.Zerbstdecision to reestablish the right to counsel as a fundamental right in federal felony cases.

7) Which of the following reasons was not cited by the Betts majority when it refused to recognize the indigent right to appointed counsel in non-capital felony cases?

Group of answer choices

A) Prior Supreme Court precedent has never stated that the right to counsel is constitutionally required in all state felony criminal cases.

B) Pro serepresentation isper seconstitutional.

C) Principles of federalism forbid the judicial branch from imposing obligations on the states that are not rooted in constitutional fundamental fairness.

D) The text of the Sixth Amendment refers to the "assistance of counsel,"not the appointment of counsel.

8) Which of the following answers is not applicable to the characterization of the Fundamental Fairness Doctrine?

Group of answer choices

A) There are no bright line rules to determine if a due process procedure has adhered to principles of fundamental fairness in any given situation.

B) Fundamental fairness also has a substantive grounding, and is not satisfied by defaultsimply because a deprivation of life, liberty, or property is achieved through a fair procedure.

C) Due Process Fundamental Fairness continues to be viable in cases not associated with specific Bill of Rights guarantees that have been incorporated against the States.

D) Due process is rigid and concrete in nature,and its guarantees only encompass the specific rights and protections enumerated in the first eight amendments of the Bill of Rights.

9) Which one of the following reasons was not offered by the unanimousGideon Court tojustify its ruling that the right to counsel is fundamental to a fair trial?

Group of answer choices

A) The rejection of the fundamental fairness application in regard to the right to counsel in felony cases was necessary to clarify lower court appreciation of the actual state of the law.

B) The absolute necessity of counsel is an obvious truth evidenced by the facts that the government hires attorneys to prosecute and that defendants with means hire attorneys to defend.

C) The Sixth Amendment requires an attorney be provided to represent every indigent defendant who is facing a loss of liberty for any amount of time and on any charge.

D)The right to counselis one of the fundamental rights found in the first eight amendments to the Constitution that is safeguarded from state infringement by the Due Process Clause of the Fourteenth Amendment.

10) In the Douglas v.California,the Supreme Court of the United States held that there is a constitutional right to appellate counsel once the right to appeal has been conferred by the laws of the relevant jurisdiction. Which oneof the following constitutional provisions or combination of provisionsprotectsuch a right to appellate counsel?

Group of answer choices

A) The Sixth Amendment right to counsel.

B) The Due Process andPrivileges or Immunities Clauses of the Fourteenth Amendment.

C) The Thirteenth Amendment Right to Appeal and the Fourteenth Amendment Equal Protection Clause.

D) The Due Process and Equal ProtectionClauses of the Fourteenth Amendment.