Question 1

Which of the following best summarizes the debate reflected in Gideon v. Wainwright (1963)?

Accepted Answer

Are states required to provide legal counsel for indigent criminal defendants?

Answer

Can states erect barriers to the First Amendment right to counsel?

Answer

Are states required to fund a public defender's office?

Answer

Can a criminal defendant act as his own counsel and conduct his own legal defense in court?

Question 2

Which of the following is the most accurate description of how the Supreme Court has interpreted the Bill of Rights?

Accepted Answer

The right to an attorney has expanded to include circumstances in which the government must provide an attorney.

Answer

The right to free exercise of religion is now limited to religious practices that are part of church services.

Answer

The right to bear arms includes only weapons that existed at the time that the Bill of Rights was written.

Answer

Free speech rights under the First Amendment do not apply to speech in public schools.

Question 3

Which of the following most clearly states the outcome of Gideon v. Wainwright (1963)?

Accepted Answer

States must provide indigent criminal defendants with legal counsel regardless the nature of the charge.

Answer

State-appointed legal counsel is compulsory in capital cases alone.

Answer

States are not required to furnish a court-appointed attorney in state court criminal proceedings.

Answer

State-provided legal counsel is only mandatory in cases of federal jurisdiction.

Question 4

The concurring opinion of Gideon v. Wainwright (1963) is most closely associated with which political belief?

Accepted Answer

The constitutional guarantee of legal counsel found in the Sixth Amendment should not be diminished by a defendant's income level.

Answer

The Sixth Amendment guarantees only that the government cannot prevent a defendant from having the assistance of counsel for his defense.

Answer

The Federal Government should have no jurisdiction over state court systems.

Answer

Ineffective assistance of legal counsel in no way violates the Sixth Amendment.

Question 5

Timothy Carpenter was suspected of being involved with a series of armed robberies. The FBI used federal law to access the location of Timothy Carpenter on the day of each of those robberies without any warrant. In the case of Carpenter v. US (2017), the Supreme Court ruled that police cannot access the location of individuals historical location without a warrant for that information. Which of the following was most likely the argument made by the victorious party?

Accepted Answer

The 4th Amendment protects individuals from unlawful search; this case involves a search of Carpenter's phone location without a warrant.

Answer

The Full Faith and Credit Clause of the Constitution protects the right of individuals to be protected from unlawful arrest without cause.

Answer

The 1st Amendment's freedom of speech protects any information that could be obtained from cellphones of individuals.

Answer

Individuals have the right to remain silent as instituted by the 5th Amendment and their location should not be forced into public information.

Question 6

A political scientist would most likely use Gideon v. Wainwright (1963) to illustrate which of the following?

Accepted Answer

The right to counsel guaranteed by the Sixth Amendment is so crucial to the U.S. criminal justice system that states are required to provide defense counsel to indigent defendants.

Answer

The Supreme Court rarely responds to societal conditions in the U.S. when it makes its rulings.

Answer

The fact that Clarence Gideon was forced to endure a retrial of his original case is an excellent example of double jeopardy.

Answer

The rights of the accused are less valuable in the eyes of the Supreme Court.

Question 7

The PATRIOT Act authorizes the use of sneak-and-peek warrants in which law enforcement personnel are able to search a property without the owner's knowledge in order to find illegal activity. This has led to some breaking and entering by law enforcement agents and a negative reaction by some wrongfully searched. Which of the following provides the best legal challenge to these types of searches?.

Accepted Answer

The challenge could be made that it violates the 4th Amendment by not notifying the owner of the warrant and search.

Answer

It could be challenged under the 5th Amendment's right to due process.

Answer

It could be challenged under the 10 Amendment as searches of this type should be left to the state as they are left with the ability to enforce laws.

Answer

The challenge could be made under the 14th Amendment's right to equality under the law and that all searches must be treated equally and be notified.

Question 8

Gideon v. Wainwright (1963) impacted the American judicial system in which of the following ways?

Accepted Answer

The demand for well-trained public defenders has risen considerably.

Answer

The amount of money spent by the states on indigent defense has risen at a consistent pace.

Answer

Defendants are no longer capable of acting as their own legal counsel in court proceedings.

Answer

Defendants represented by court-appointed attorneys are less likely to plead guilty.

Question 9

The outcome of Gideon v. Wainwright (1963) rests most heavily on which of the following ideas reflected in the U.S. Constitution?

Accepted Answer

The right to counsel in the Sixth Amendment.

Answer

The right to trial by an impartial jury found in the Sixth Amendment.

Answer

The right against self-incrimination in the Fifth Amendment.

Answer

The right against double jeopardy in the Fifth Amendment.

Question 10

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Amendment IV United States Constitution
Which of the following Supreme Court decisions below most directly represents the protections listed in the excerpt above?

Accepted Answer

Mapp v. Ohio

Answer

Escobedo v. Illinois

Answer

Gideon v. Wainwright

Answer

Miranda v. Arizona

Question 11

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

-Amendment IV the United States Constitution
Which of the following would represent a “reasonable search” that would not violate the rights protected by the 4th Amendment above?

Accepted Answer

A teenager is pulled over for speeding and the officer detects a strong smell of marijuana emanating from the car and searches the car without a warrant.

Answer

A suspect is arrested and voluntarily confesses to the crime after being read his Miranda Rights by the police.

Answer

The police set up a random roadblock for DUI checks, suspect you of driving under the influence, and make you do a field sobriety test to help you prove you are not inebriated.

Answer

Police have a warrant to search your home because they believe your cousin has robbed a bank and is hiding in your house. As part of their search they look in your bread drawer and find a bag of cocaine and arrest you for possession of an illegal substance.

Question 12

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Amendment IV United States Constitution
In the event a court rules that police have gathered evidence against you illegally based on the 4th Amendment protections listed above, that evidence can not be used to convict you. What is this principle known as?

Accepted Answer

The Exclusionary Rule

Answer

Ex post facto

Answer

Due process

Answer

The Warrantless Evidence Clause

Question 13

Gideon v. Wainwright (1963) has the most in common with which of the following Supreme Court cases?

Accepted Answer

Miranda v. Arizona (1966)

Answer

Gitlow v. New York (1925)

Answer

McDonald v. Chicago (2010)

Answer

Engel v. Vitale (1962)

Question 14

Gideon v. Wainwright (1963) reflects what shift in the Supreme Court's attitude towards criminal justice in the 1950s and 1960s?

Accepted Answer

Since the U.S. utilizes an adversarial criminal justice system in a social environment of profoundly unequal resources, an array of rights must be extended to criminal defendants to guarantee fairness.

Answer

The burden of proof regarding guilt should shift from the prosecution to the defendant.

Answer

Judicial processes in the states should reflect the particular, historical uniqueness of each state.

Answer

Those accused of crimes should have to forfeit some of their rights in order to safeguard the general welfare of society.

Question 15

Regarding Gideon v. Wainwright (1963), the case was remanded back to the Florida State Supreme Court because the U.S. Supreme Court

Accepted Answer

believed that the lower court's initial verdict was flawed due to a misinterpretation of the Right to Counsel Clause found in the Sixth Amendment.

Answer

needed further guidance from the lower court to limit the parameters of a possible decision.

Answer

felt it had no jurisdiction to make a ruling.

Answer

was deadlocked over a decision.

Question 16

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, .. nor shall be compelled in any criminal case to be a witness against himself, ..”

-Amendment V the U.S. Constitution
Which of the following landmark Supreme Court cases was most directly linked to the excerpt above?

Accepted Answer

Miranda v. Arizona (1966)

Answer

Escobedo v. Illinois (1964)

Answer

Gideon v. Wainwright (1963)

Answer

Mapp v. Ohio (1961)

Question 17

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, .. nor shall be compelled in any criminal case to be a witness against himself, ..”

-Amendment 5 U.S. Constitution
Which part of the warning read to criminals suspects is based on the Fifth Amendment excerpt above?

Accepted Answer

You have the right to remain silent. Anything you say can and will be used against you in a court of law.

Answer

Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

Answer

You have the right to an attorney.

Answer

If you cannot afford an attorney, one will be provided for you.

Question 18

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney. If you cannot afford one, one will be appointed to you by the court. With these rights in mind, are you still willing to talk with me about the charges against you?”

-The Miranda Warning
Based on previous court rulings, which of the following scenarios would most likely violate the purpose of the excerpt above?

Accepted Answer

Continuing to question a witness after they have clearly told the arresting officers they wish to invoke their right not to speak to them unless there is an attorney present.

Answer

Applying a sliding scale to pay for an attorney based on your income level.

Answer

Making a defendant wait 24 hours to speak to an attorney.

Answer

Modifying the warning for a minor accused of a crime to make it easier to understand.

Question 19

While police officers need to have probable cause to search a person’s home without a warrant, in schools they need reasonable suspicion. What part of the Constitution makes this possible?

Accepted Answer

4th Amendment

Answer

1st Amendment

Answer

2nd Amendment

Answer

8th Amendment

Question 20

Which of the following groups would most likely disagree with the Gideon v. Wainwright (1963) decision?

Accepted Answer

The Federalist Society.

Answer

The National Trial Lawyers.

Answer

The American Association for Justice.

Answer

The American Civil Liberties Union.

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