Courts: Defense Attorneys Quiz 7

At the high end, what is the average number of active cases lawyers have?

120 cases

More than________ percent of defendants are described by their attorneys as passive participants in the overall defense.

50

Public defenders represent approximately_______ percent of all indigents nationwide.

70

Which of the following is a serious problem that public attorneys face in dealing with their clients?

All of these are serious problems public attorneys face in dealing with their clients. (dishonesty, deception, refusal to cooperate)

Which US Supreme court decision limited the right of non-felony defendants to have court-appointed counsel.

Argersinger v. Hamlin

IN which of the following cases was it decided that indigent defendants in a noncapital case state court have the right to appointed counsel?

Betts v. Brady

In regard to inflective assistance of counsel, appellate courts must reverse only if the proceedings were fundamentally unfair and the outcome would have been_________ if counsel has not been ineffective.

Different

______________ percent of felony defendants cannot afford to hire their own lawyer.

Eighty-two

Which US Supreme court decision acknowledged a defendant's right to self-representation?

Faretta v. California

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

Gideon v. Wainwright

____________ states have a state public defender program that oversees the policies and practices of the 427 public defender offices located in these states.

Twenty-two

In which of the following cases was it decided that juveniles are covered by the Sixth Amendment's right to counsel?

In re Gault

In which of the following cases was it decided that indigent felony defendants in federal court are entitled to court-appointed counsel?

Johnson v. Zerbst

The public defender system was started where in 1914.

Los Angeles

Which of the following US Supreme Court decisions held that defendants have the right to court-appointed counsel during custodial interrogations?

Miranda v. Arizona

Which of the following statements is FALSE about criminal defense attorneys?

Most have a regular clientele.

In what decision did the US Supreme court rule that the defendant in a non-felony case is guaranteed the right to a legal counsel, paid by the state if necessary, only in cases in which imprisonment is a potential penalty?

Scott v. Illinois

Which Amendment provides the right to counsel?

Sixth amendment

CASE 7.2 Is it enough to have a lawyer? Must the lawyer also be competent and effective? The US Supreme Court has recognized the effective assistance of counsel as essential to the Sixth amendment guarantee(McMann v. Richardson 1970) The Court's most significant holding regarding the effective assistance of counsel came in 1984 in which case?

Strickland v. Washington

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

Studies find no major differences between these three systems in results achieved.

__________ percent of defendants are described by their attorneys as recalcitrant.

Ten

Which of the following statements is true regarding the US Supreme Court's decision in Gideon v. Wainwright?

The Court declared that lawyers in criminal courts are necessities, not luxuries.

Which type of law do most lawyers practice?

civil law

Which method of providing legal representation for indigent defendants has been found to violate the Fifth and Sixth amendments to the US Constitution by at least one state supreme court?

contract system

What is one of the most important tasks of defense attorneys?

counseling

Many defendants view the public defender as similar to what other courtroom actor?

defendant

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

discretionary appeal

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

during the preliminary hearing

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

getting paid

Like many other provisions of the US Constitution, the Sixth amendment has a different meaning today than it did when it was first ratifies. In a landmark decision, the US Supreme Court held that, based on the Sixth Amendment's provision of right to counsel, indigent defendants charged with a felony are entitled to services of a lawyer paid for by the government (Gideon v. Wainwright, 1963). Later, the sixth amendment right to counsel was extended to juvenile court proceedings as well. (In re Gault, 1967. But as so often happens, answering one question raised several new ones. Which of the following issues did the court wrestle with following Gideon decision?

he court wrestled with all of these issues following the Gideon decision.

Which issue related to the right to counsel did Padilla v. Kentucky involve?

ineffective assistance of counsel

An advantage of the public defender system is that:

it likely provides more experienced counsel.

Which factor(s) affect the availability of lawyers to represent defendants in major cities?

low status

Argersinger v. Hamlin (1972) affected what kind of criminal defendents?

non-felony defendants

What is the term for protected statements between an attorney and client?

privileged communication

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

pro se

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

public defender

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

reactive

The method by which defense attorneys work to reach the best possible solution for their clients directly related to their relationships with other members of:

the courtroom work group

Which standard was applied to the Court's most significant holding in 1984 as the proper criterion to be applied in making a determination of the ineffectiveness of counsel?

an "objective standard of reasonableness"

The term pro bono means that:

attorneys work free of charge