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Trebla unit 3: 3.8 - Due process and the rights of the accused (23)

Quiz by Carl Rudd

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23 questions
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  • Q1
    Which of the following best summarizes the debate reflected in Gideon v. Wainwright (1963)?
    Are states required to provide legal counsel for indigent criminal defendants?
    Can states erect barriers to the First Amendment right to counsel?
    Are states required to fund a public defender's office?
    Can a criminal defendant act as his own counsel and conduct his own legal defense in court?
    120s
  • Q2
    Which of the following is the most accurate description of how the Supreme Court has interpreted the Bill of Rights?
    The right to free exercise of religion is now limited to religious practices that are part of church services.
    The right to an attorney has expanded to include circumstances in which the government must provide an attorney.
    The right to bear arms includes only weapons that existed at the time that the Bill of Rights was written.
    Free speech rights under the First Amendment do not apply to speech in public schools.
    120s
  • Q3
    Which of the following most clearly states the outcome of Gideon v. Wainwright (1963)?
    State-appointed legal counsel is compulsory in capital cases alone.
    States are not required to furnish a court-appointed attorney in state court criminal proceedings.
    State-provided legal counsel is only mandatory in cases of federal jurisdiction.
    States must provide indigent criminal defendants with legal counsel regardless the nature of the charge.
    120s
  • Q4
    The concurring opinion of Gideon v. Wainwright (1963) is most closely associated with which political belief?
    The Sixth Amendment guarantees only that the government cannot prevent a defendant from having the assistance of counsel for his defense.
    The constitutional guarantee of legal counsel found in the Sixth Amendment should not be diminished by a defendant's income level.
    The Federal Government should have no jurisdiction over state court systems.
    Ineffective assistance of legal counsel in no way violates the Sixth Amendment.
    120s
  • Q5
    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?
    The Full Faith and Credit Clause of the Constitution protects the right of individuals to be protected from unlawful arrest without cause.
    The 1st Amendment's freedom of speech protects any information that could be obtained from cellphones of individuals.
    Individuals have the right to remain silent as instituted by the 5th Amendment and their location should not be forced into public information.
    The 4th Amendment protects individuals from unlawful search; this case involves a search of Carpenter's phone location without a warrant.
    120s
  • Q6
    A political scientist would most likely use Gideon v. Wainwright (1963) to illustrate which of the following?
    The Supreme Court rarely responds to societal conditions in the U.S. when it makes its rulings.
    The fact that Clarence Gideon was forced to endure a retrial of his original case is an excellent example of double jeopardy.
    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.
    The rights of the accused are less valuable in the eyes of the Supreme Court.
    120s
  • Q7
    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?.
    The challenge could be made that it violates the 4th Amendment by not notifying the owner of the warrant and search.
    It could be challenged under the 5th Amendment's right to due process.
    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.
    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.
    120s
  • Q8
    Gideon v. Wainwright (1963) impacted the American judicial system in which of the following ways?
    The amount of money spent by the states on indigent defense has risen at a consistent pace.
    Defendants are no longer capable of acting as their own legal counsel in court proceedings.
    The demand for well-trained public defenders has risen considerably.
    Defendants represented by court-appointed attorneys are less likely to plead guilty.
    120s
  • Q9
    The outcome of Gideon v. Wainwright (1963) rests most heavily on which of the following ideas reflected in the U.S. Constitution?
    The right to trial by an impartial jury found in the Sixth Amendment.
    The right to counsel in the Sixth Amendment.
    The right against self-incrimination in the Fifth Amendment.
    The right against double jeopardy in the Fifth Amendment.
    120s
  • Q10
    “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?
    Escobedo v. Illinois
    Gideon v. Wainwright
    Miranda v. Arizona
    Mapp v. Ohio
    120s
  • Q11
    “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?
    A suspect is arrested and voluntarily confesses to the crime after being read his Miranda Rights by the police.
    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.
    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.
    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.
    120s
  • Q12
    “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?
    Ex post facto
    Due process
    The Exclusionary Rule
    The Warrantless Evidence Clause
    120s
  • Q13
    Gideon v. Wainwright (1963) has the most in common with which of the following Supreme Court cases?
    Gitlow v. New York (1925)
    Miranda v. Arizona (1966)
    McDonald v. Chicago (2010)
    Engel v. Vitale (1962)
    120s
  • Q14
    Gideon v. Wainwright (1963) reflects what shift in the Supreme Court's attitude towards criminal justice in the 1950s and 1960s?
    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.
    The burden of proof regarding guilt should shift from the prosecution to the defendant.
    Judicial processes in the states should reflect the particular, historical uniqueness of each state.
    Those accused of crimes should have to forfeit some of their rights in order to safeguard the general welfare of society.
    120s
  • Q15
    Regarding Gideon v. Wainwright (1963), the case was remanded back to the Florida State Supreme Court because the U.S. Supreme Court
    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.
    needed further guidance from the lower court to limit the parameters of a possible decision.
    felt it had no jurisdiction to make a ruling.
    was deadlocked over a decision.
    120s

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