6th Am/ Pre-Trial Identification / Right to Counsel / Trials / Juries

Question 1

RULE STATEMENT:
The 6th Am, applied to the states throught the 14th Am, provides that in all ____ ___, the accused shall enjoy the righ to have ____ for his defense.

Answer 1

Criminal Prosecutions
Counsel

Question 2

When does the right to counsel attach?

Answer 2

Post-commencement of adversary judicial proceedings

Question 3

What constitutes post-commencement?

Answer 3

Arrest
Arraignment
Indictment

Question 4

TRUE/FALSE
The right to counsel stays with the client through sentencing

Answer 4

True

Question 5

A person who (is/is not)
represented by an attorney can be approached by a police officer at any time.

Answer 5

Is not

Question 6

An indigent defendant has the right to appointed counsel during his/her ____ appeal

Answer 6

First

Question 7

An indigent defendant is not entitled to appointed counsel for _____ appeals

Answer 7

discretionary

Question 8

TRUE/FALSE
Regardless if their parents have money, juevniles are considered inidgent

Answer 8

True

Question 9

How can a person waive their 6th Am right?

Answer 9

1. Not asserting it
2. Voluntarily speaking with police

Question 10

The Sixth Amendment right to counsel is violated when law enforcement
____ elicits a statement from a defendant post-commencement in the absence of counsel.

Answer 10

deliberately

Question 11

If law enforcement ___ ___ statements from a defendant post-commencement in the absence of counsel, it will violate the 6th Am.

Answer 11

Deliberately elicits

Question 12

Who has the burden of proving that a defendant waived their 6th am right?

Answer 12

Government

Question 13

TRUE/FALSE
Deliberate elicitation standard can be met even if law enforcement is not asking direct questions

Answer 13

TRUE

Question 14

TRUE/FALSE
The 6th Am. right to counsel is not offense specific

Answer 14

FALSE, the Sixth
Amendment right to counsel does not prevent the
police from questioning defendant about unrelated
crimes.

Question 15

Can the government elicit the use of informants to intercept a defendant’s conversation?

Answer 15

Yes, even he’s already been indicted.

Question 16

Under PERKINS, Mirandar warnings (are/are not) required when a suspect is ____ that he is speaking to a LE officer and gives a ____ statement

Answer 16

ARE NOT
Unaware
Voluntary

Question 17

USE OF INFORMANTS:
To prove a Sixth Amendment violation, defendant must demonstrate that the police and/or their informant took some action, ____ ___ ___, that was designed to ____ elicit incriminating remarks.

Answer 17

Beyond merely listening
Deliberately

Question 18

Under WADE, an accused has a right to counsel at all __ ___ lineups/pre trial identifications

Answer 18

Post Commencement

Question 19

Under WADE, if there is a violation at the lineup, the _____ may also be
____ unless the prosecution can show that it has an ______

Answer 19

in-court identification
suppressed
independent source

Question 20

What are the factors to be considered in showing an independent source as it related to pre-trial identifications?

Answer 20

The witness’
prior opportunity to observe the alleged criminal act

The existence of any
discrepancy between any pre-lineup description and the defendant’s actual
description

Any identification prior to the lineup

Failure to identify the
defendant on a prior occasion

Lapse of time between the alleged act and
the lineup identification.

Question 21

Under the 6th am right to counsel at post-indcitment lineups, what two things are required?

Answer 21

1. Notice should be provided to counsel
2. The lineup should not occur unless counsel is present

Question 22

A person can waive their right to counsel by:

Answer 22

1. voluntarily waiving it
2. not asserting it

Question 23

RULE STATEMENT:
The 6th Am, applicable to the states through the 14th Am. provides that the accused shall enjoy the right to ____ and ____ trial

Answer 23

Speedy
Public

Question 24

What are the BARKER factors when determining if a defendant has been deprived of his right to a speedy trial?

Answer 24

1. Length of delay
2. Reason for the delay
3. D’s assertion of right to a speedy trial (explict & doesnt agree to any continuances)
4. Prejudice to the D

Question 25

Before filing a claim for violation of a right to a fair trial, how long does a D have to wait?

Answer 25

1 year generally
9 months in NC

Question 26

What are some exceptions to the computation of a speedy trial?

Answer 26

1. Mental competency/physical capacity proceedings/examinations for the defendant
2. Trial on other charges against the D
3. Interlocutory appeals
   Pretrial motions
4. Pretrial motions

Question 27

Pre-commencment (formal proceedings) is governed by the ____ for the government to bring a charge

Answer 27

Statute of limitations

Question 28

RULE STATEMENT:
The 6th AM, imposed to the states through the 14th AM, provides that in all criminal prosecutions, the accused shall enjoy the right to a ___ by an ____ jury of the State and the district where the crime was ____. The right is not extended to certain ____

Answer 28

Trial

Impartial

Committed

Petty Crimes

Question 29

TRUE/FALSE:
All offenses are afforded he right to a jury trial

Answer 29

False, only serious offenses

Question 30

TRUE/FALSE:
The right to a jury trial cannot be waived

Answer 30

False, the right to a jury trial may be waived

Question 31

Attempting to ____ multiple maximum penalties for multiple “petty” offense does not trigger the right to ____

Answer 31

aggregate

a jury trial

Question 32

The Sixth Amendment right to a jury trial includes the requirement that a jury must reach a _____ verdict to convict a defendant of a
serious offense.

Answer 32

unanimous

Question 33

Pursuant to Federal Rule of Criminal Procedure 23(a), a jury trial waiver is conditioned upon the ___ of the ___ & ___-

Answer 33

Consent

Prosecutor

Judge/Court

Question 34

Jury selection process is called ___ ___

Answer 34

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