Question: Court Processing- Question 1 - In which case did the U.S. Supreme Court hold that indigent defendants charged with a felony are entitled to the

Court Processing-

Question 1 - In which case did the U.S. Supreme Court hold that indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government?

Miranda v. Arizona
Gideon v. Wainwright
Plessey v. Ferguson
U.S. v. Wade

Question 2 - Which of the following statements is true regarding the U.S. Supreme Court's decision in Gideon v. Wainwright?

The decision was highly controversial.
The Court focused on the need for a lawyer at all stages of the criminal justice system.
The Court decided that judges could not prevent a defendant from bringing a lawyer to court.
The Court declared that lawyers in criminal courts are necessities, not luxuries.

Question 3 - Which Supreme Court decision limited the right of non-felony defendants to have court-appointed counsel?

Argersinger v. Hamlin
Faretta v. California
Strickland v. Washington
Gideon v. Wainwright

Question 4 - In what decision did the Supreme Court rule that a defendant is guaranteed the right to legal counsel, paid by the state if necessary, only in cases that actually lead to imprisonment, not in all cases in which imprisonment is a potential penalty?

Faretta v. California
Strickland v. Washington
Scott v. Illinois
Gideon v. Wainwright

Question 5 - Which Amendment provides the right to counsel?

4th Amendment
5th Amendment
6th Amendment
7th Amendment

Question 6 - At which of the following stages in the criminal justice process is an indigent defendant provided counsel paid by the government?

at the time of arrest
during a preliminary hearing
during a grand jury hearing
when filing a discretionary appeal

Question 7 - At which of the following stages in the criminal justice process is an indigent defendant not guaranteed counsel paid for by the government?

plea bargaining
trial
first appearance
discretionary appeal

Question 8 - Which of the following U.S. Supreme Court decisions held that defendants have the right to court-appointed counsel during custodial interrogations?

Gideon v. Wainwright
Terry v. Ohio
Miranda v. Arizona
Plessey v. Ferguson

Question 9 - The three major ways of providing indigents with court appointed attorneys are: (1) assigned counsel, (2) contract systems, and (3) public defender. Which of the following is true about these differing ways of providing indigents with court appointed attorneys?

Studies find no major differences between these three systems in results achieved.
Studies find assigned counsel is better in results achieved.
Studies find contract systems are better in results achieved.
Studies find public defenders are better in results achieved.

Question 10 - The U.S. Supreme Court has ruled that indigent defendants

are entitled to a court-appointed attorney if facing only a suspended jail term for a minor charge.
who plead guilty are entitled to state-paid legal help on appeal.
facing felony prosecution are entitled to a court-appointed attorney.
all of these answers are correct.

Question 11 - Which U.S. Supreme Court decision acknowledged a defendant's right to self-representation?

Argersinger v. Hamlin
Strickland v. Washington
Powell v. Alabama
Faretta v. California

Question 12 - The right to self-representation is also referred to by the Latin term

pro se
mala in se
pro bono
mens rea

Question 13 - Self representation is limited to individuals who

have a law degree.
cannot afford to hire a lawyer.
want to represent themselves
show the judge they have the ability to conduct a trial.

Question 14 - The method by which defense attorneys seek to reach the best possible solution for their clients is directly related to their relationships with other members of

the prosecutor's office.
the police department.
their law office.
the courtroom work group.

Question 15 - Which of the following is/are possible tensions between lawyers and clients?

Lawyers sometimes view their clients as not telling them the whole truth about a case.
Defendants may view their attorneys as not fighting hard enough for them.
Defendants may view their attorneys as seeking to accommodate the judge and prosecutor.
All of these answers are possible tensions between lawyers and their clients.

Question 16 - Informal sanctions are used by members of the courtroom work group. Which of the following represents an improper use of sanctions?

The judge drags a trial out by continuously interrupting it for other business.
The judge disallows standby counsel for a pro se defendant, when requested to do so by the defendant.
A judge criticizes a lawyer in front of a client.
A prosecutor adopts a tougher stance during bargaining by not reducing charges.

Question 17 - Because of the numerous sanctions that may be applied to defense attorneys, they are forced to take what kind of posture?

proactive
neutral
complacent
reactive

Question 18 - Researchers find that defense attorneys who take a cooperative posture with other members of the courtroom work group

are more likely to have prosecutors disclose information helpful to the defense.
are more likely to negotiate favorable plea bargains.
function as better counselors, because they are better able to predict the reactions of the court community to individual cases.
All of these answers are correct.

Question 19 - Obtaining clients is only half of the problem facing private attorneys who represent criminal clients. The second half is

winning the case.
getting clients to cooperate.
collecting evidence.
getting paid.

Question 20 - Which of the following statements is not true about criminal defense attorneys?

Most have a regular clientele.
Some defense attorneys rely on police officers, bail agents, and court clerks to give their names to defendants who need counsel.
The private attorney's fee in a criminal case is generally a flat fee paid in advance.
Most earn a modest, middle-class living.

Question 21 - The term pro bono means that

indigent defendants are entitled to court-appointed counsel.
attorneys work free of charge.
defendants may represent themselves.
an attorney will be selected from a list of practicing attorneys in a jurisdiction.

Question 22 - A major criticism of the assigned counsel system versus the other systems is that

there is no guarantee that the selected attorney will be qualified to handle criminal law.
only public defenders should be hired to represent indigents.
many attorneys are expected to work pro bono, which pressures them to dispose cases quickly.
clients cannot be trusted.

Question 23 - An advantage to the public defender system is that

it likely provides more experienced counsel.
excellent private attorneys may be appointed.
legal fees are kept down because attorneys compete for clients.
the Due Process Model is more likely to be followed.

Question 24 - Which method of providing legal representation for indigent defendants has been found to violate the Fifth and Sixth Amendments to the U.S. Constitution by at least one state supreme court?

assigned counsel system
contract system
public defender system
pro-bono system

Question 25 - The public defender system was started where in 1914?

Chicago
Los Angeles
New York City
Seattle

Question 26 - Which method of providing legal representation for indigent defendants is the most common in large cities?

assigned counsel
contract
public defender
pro bono

Question 27 - Which of the following was not a conclusion of the study conducted by the National Center for State Courts on the effectiveness of public defenders?

Attorneys for indigent defendants resolved their cases more expeditiously than private attorneys.
Attorneys for indigent defendants gained as many favorable outcomes as privately-retained attorneys.
Attorneys for indigent defendants were as experienced as prosecuting attorneys.
Attorneys for indigent defendants gained more acquittals than privately- retained attorneys.

Question 28 - Which of the following is not an argument made by advocates of the public defender system?

A lawyer paid to represent indigents on a continuous basis will devote more attention to cases than a court-appointed attorney who receives only minimal compensation.
The public defender system provides more experienced, competent counsel.
The public defender system assures continuity and consistency in the defense of the poor.
Public defenders will dispose cases more quickly than attorneys given contracts to work with indigent defendants.

Question 29 - Television portrayals of fictional lawyers like Alan Shore and Denny Crane create

unreasonable expectations in viewers who may need to hire a lawyer. public defender.
reasonable expectations in viewers who may need to hire a lawyer.
low expectations in viewers who may need to hire a lawyer.
None of these answers is correct.

Question 30 - Public defenders in large urban jurisdictions are usually assigned to

various courtrooms and/or responsibilities (e.g., initial appearance, preliminary hearing, trial).
specific defendants whom they follow through the court process.
a specific court team.
desk work in the beginning and courtroom work as they gain experience.

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