Chapter 17 Flashcards
The purpose of the right to assistance of counsel as established by the Sixth Amendment to the Constitution can be best summarized as:
To assure that a defendant is entitled to a fair trial by having an effective advocate, regardless of their ability to hire counsel.
The Supreme Court standard for adequacy of representation, articulated in Strickland v. Washington, involves:
Demonstrating deficient representation and resulting prejudice to the defense.
What is the main reason the right against self-incrimination is a fundamental feature of the adversarial system?
It promotes a system where guilt must be established by evidence independently and freely secured, not through coercion
The Supreme Court case Gideon v. Wainwright (1963) was significant because:
It addressed the question of whether the right to counsel guaranteed under the Sixth Amendment applies to defendants in state court.
The Confrontation Clause of the Sixth Amendment essentially guarantees:
The right of an accused to cross-examine all accusers and witnesses, The right of an accused to face his or her accusers in court
Which of the following rights does NOT form a part of the adversary system as described in the United States’ system for the administration of justice?
The right to compulsory self-incrimination.
Which of the following statements accurately distinguishes the role of the judge in adversarial and inquisitorial systems?
In the adversarial system, the judge acts as a passive, impartial referee, whereas in the inquisitorial system, the judge conducts the trial and determines what questions to ask.
How did the adversarial trial system develop over time in England?
The adversarial trial system began to take root in England shortly after the Norman conquest of 1066, evolving over time and showing modern characteristics by the late-fifteenth century.
The impartial decision-maker in an adversarial system can be:
Both a judge and a jury
Which of the following is not a fundamental decision that a defendant has ultimate authority over, according to the Sixth Amendment’s right to counsel?
What evidentiary objections to raise.
In the context of “The American Rule”, which of the following is not true?
The rule is the same as “the English Rule”.
Which of these is not protected under the privilege against self-incrimination?
Being compelled to give samples of handwriting, fingerprints, or blood Being compelled to stand or walk in a police lineup
What is the primary role of a jury in an adversarial system?
To decide which of the competing points of view about the events in question is more plausible
