WorksheetsCrim Pro2 Quiz5
Total questions: 42
Worksheet time: 36mins
a D can maintain that he is not guilty but still enter a valid not guilty plea to a charge known as an __(2 words)__
(a)
SCOTUS held that in order for a guilty plea to be voluntary it must be clear on the record that either the D understands the elements of the charge to which he is admitting guilt or that the court has adequately explained the elements to him before accepting the plea
True
False
SCOTUS held that a guilty plea may not be reversed if a lawyer fails to correctly advise a D of the deportation of a guilty plea
True
False
A guilty plea is a (a) of the D’s right to (b) the prosecution’s case, unless the D has a (c) reserving issues for (d)
A D must be mentally competent to plead guilty. The D must understand the proceedings against him and be able to consult with his lawyer with a reasonable degree of rational understanding
True
False
If a D is aware of a mistake in the plea procedures at the time they are conducted, he must object when the problem can still be fixed
True
False
Before a guilty plea is accepted by the court, the D may (a) a guilty plea for any reason. However once a D has entered his plea and the court has accepted it, a guilty plea may be withdrawn only for a “ (b) ” reason. If a D is not allowed to withdraw a (c) , his only options are to (d) the court’s decision or to raise a (e) challenge to the plea
The D counsel must (a) all plea offers to the D and to give constitutionally adequate and competent (b) . Failure to do so can create an (c) of counsel claim. Strickland is the standard where deficiency and prejudice must be shown by showing that there is a (d) that the outcome would have been different but for that error
Neil v. Biggers controls Identification (to suppress an in court identification of your client)
True
False
What are the 2 speedy trial issues?
Violation of the Speedy Trial Act under the 6th Amendment
Federal Speedy Trial Act
Act of the Speedy Trial due to legislation
The Federal Quick Trial Act
Under the Federal Speedy Trial Act from the (a) a person is (b) until the time the person goes to (c) the time period is
70 days calendar days (NOT work days) from the time of (d) to the time the case goes to trial.
Under the Federal Speedy Trial Act which item(s) do not count in the 70 calendar day time period?
when a substantive motion is filed
if the parties agree that it is a complex case with a lot of discovery where the parties cannot reasonably get ready for a trial within the 70 day period
If the accused is not available due to bail jumping (they can’t find the D)
a material W could not get to court or could not be found
If there is a violation of the speedy trial act the remedy is dismissal without prejudice
True
False
The 6th Amendment attaches to the accused when the criminal justice process begins
True
False
If you have a speedy trial violations under the 6th Amendment, the controlling case is
Barker v. Wingo
Doggett v. U.S.
Strickland v. Washington
When dealing with a speedy trial violation it is both under the 6th Amend & due process violation
True
False
To determine whether there has been a 6th Amendment speedy trial violation, courts must consider:
The length of the delay
The reason for the delay
Whether, when, and how the D asserted his 6th amendment right to a speedy trial
Whether the D was prejudiced by the delay
In Doggett v. U.S. the length of the delay was 8 1/2 years. The government was simply lazy and negligent. Was this a violation of the 6th amendment speedy trial?
Yes
No
If you are in the situation as a prosecutor or defense atty and the opposing party keeps delaying and having continuances you are going to argue _______ for 6th Amendment speedy trial violations
Barker v. Wingo
Doggett v. U.S.
Kyles v. Whitley
U.S. v. Bagley
If you are the Defendant you are going to look to the _____ case if the prosecution is lazy and negligent in moving forward with the case after indictment
Doggett v. U.S
Brady v. Maryland
Barker v. Wingo
U.S. v. Bagley
AL does not have a speedy trial act; but AL does have speedy trial in the state constitution
True
False
In Barker v. Wingo (1972) – This case established the criteria (4 factors) which the courts should assess in determining whether the D has been deprived of his speedy trial rights:
Length of delay
The reason for the delay
The D’s assertion of his right to a speedy trial
Prejudice to the D
What is the remedy for a violation of the Speedy Trial Act
dismissal without prejudice
dismissal with prejudice
overturn conviction
new trial
what is the remedy for a violation of the 6th Amendment
dismissal with prejudice
dismissal without prejudice
overturn conviciton
new trial
Of all constitutional rights the defendant’s right to counsel is the most important. Having effective counsel will help the defendant protect all of his/her other rights.
true
false
What is the controlling case for a right to counsel
Powell v. Alabama
Gideon v. Wainwright
Brewer v. Williams
Boykin v. Alabama
Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, unless he was represented by counsel at trial
True
False
A D has a 6th Amendment right to counsel in any felony or misdemeanor case if a sentence of incarceration is actually imposed (this applies to a probation violation where the court is attempting to revoke a D’s probation)
True
False
Choose all that are true about right to counsel
The right to counsel in misdemeanor cases applies only where a term of imprisonment is imposed
A D has a right to be represented by counsel (or appointed counsel) during a probation revocation
felony cases always have a right to counsel
Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, unless he was represented by counsel at trial
Which case set the standard for judging an ineffective assistance of counsel claim.
Strickland v. WA
Barker v. Wingo
Neil v. Biggers
Bruton v. U.S.
(a) refer to this case; court appointed counsel will review the record and simply make an opinion about possible issues that can be raised and the court appointed counsel will report to the court that there are no frivolous issues for appeal (2 words)
when a D asserts the right to self-representation the courts will have a (a) hearing
what is true about a right to counsel
The 6th Amendment guarantees a D the right to the assistance of counsel for his defense
That right is personal
It is the D’s prerogative, not counsel’s, to decide on the objective of his defense, to admit guilt in hope of gaining mercy at the sentencing stage, or to maintain his innocence, leaving it to the State to prove his guilt beyond a reasonable doubt
under the Strickland standard you have to show error and prejudice for aineffective counsel claim
A D's right to a trial in federal court is guaranteed for all crimes that are punishable by a sentence of 6 months or greater
True
False
In federal criminal trials federal criminal juries consist of 12 people & the verdict must be unanimous
True
False
Under Batson to establish a prima facie case of purposeful discrimination, the D must show:
He is a member of a cognizable racial group
Prosecutor (in case after case) exercised peremptory challenges to strike members of the D’s race
He can rely on the fact that peremptory challenges permit “those in discriminate who are a mind to discriminate”
Any other relevant circumstances that raise an inference of discrimination on account of race
What are the remedies for Prejudice Pretrial Publicity
Continuing the trial
Sequestering the jury
Conducting an intensive voir dire of jury
Giving cautionary jury instructions
Changing venue
Do federal courts allow cameras in the court room
No
Yes
In what ways can a court handle a disorderly and disruptive D
Bind and gag him, thereby keeping him present
Cite him for contempt
Take him out of the court until he promises to conduct himself properly
The 8th Amendment forbids a sentencing scheme that mandates LWOP for a juvenile offender. Thus, a juvenile offender cannot automatically be sentenced to LWOP even for a capital conviction
True
False
Does the 8th Amendment forbid execution whenever a prisoner shows that a mental disorder has left him without any memory of committing his crime?
Yes
No
Does the 8th Amendment apply similarly to a prisoner suffering from dementia as to one experiencing psychotic delusions?
Yes
No
