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When does the Sixth Amendment right to counsel first attach during a criminal prosecution? a. Upon the initiation of formal judicial criminal proceedings when restrictions
When does the Sixth Amendment right to counsel first attach during a criminal prosecution? a. Upon the initiation of formal judicial criminal proceedings when restrictions have been imposed on the defendant's liberty. b. Upon arrest. c. Upon custodial interrogation after arrest, but before formal charging. Please select the answer that best describes the Selective Incorporation Doctrine. a. The constitutional law concept utilized by the United States Supreme Court that refers to the manner in which selected provisions of the Bill of Rights have been applied to the States through the Due Process Clause of the Fourteenth Amendment.b. A majority view constitutional law concept of the United States Supreme Court asserting that the Fourteenth Amendment incorporated the entirety of the Bill of Rights guarantees and made them applicable to the States.c. The constitutional law concept utilized by the United States Supreme Court that refers to the manner in which selected provisions of the Bill of Rights have been applied to the States through the Equal Protection Clause of the Fourteenth Amendment. In accordance with the holding of Rothgery, when are states obligated to appoint counsel after attachment of the right?a. After a plea hearingb. When the prosecutor becomes aware of society's intent to procecutec. Within a reasonable time after a request for assistance has been made. In Strickland, Justice O'Connor articulated a two-part test to determine whether an ineffective assistance of counsel claim warranted a reversal of a trial conviction. Please select the answer that best describes the Strickland test. a. First, a defendant must demonstrate that the attorney was not his preferred option of representation. Second, the defendant must show that if he/she would have had a more skilled attorney, there is a strong likelihood that he would have not been convicted.b. First, a defendant must demonstrate that the attorney made a strategic decision that was reasonable at the time of trial, but in hindsight proved to be erroneous. Second, the defendant must show that he/she was prejudiced by the erroneous strategy under a clear and convincing standard of proof.c. First, a defendant must demonstrate that the attorney was objectively deficient through a reasonably effective assistance analysis that is guided by prevailing norms and consideration of all circumstances relevant to counsel's performance. Second, the defendant must show that he/she was actually prejudiced to the point that confidence in the fairness of the proceeding's outcome has been undermined. Please select the circumstance below that is most likely to be considered a critical stage in a criminal prosecution. a. A pre-trial status conference in which the trial judge postpones the beginning of trial a month due to a scheduling conflict.b. A post-indictment police-orchestrated clandestine recording of a defendant out on bail engaged in inculpatory conversation with a co-defendant that had secretly turned state's witness.c. A recorded police interview with a suspect in custody during a criminal investigation. Which of the following reasons was not cited by the Betts majority when it refused to recognize the indigent right to appointed counsel in non-capital felony cases? a. Principles of federalism forbid the judicial branch from imposing obligations on the states that are not rooted in constitutional fundamental fairness.b. The text of the Sixth Amendment refers to the "assistance of counsel," not the appointment of counsel.c. Pro se representation is per se constitutional. Which one of the following reasons was not offered by the unanimous Gideon Court to justify its ruling that the right to counsel is fundamental to a fair trial? a. The absolute necessity of counsel is an obvious truth evidenced by the facts that the government hires attorneys to prosecute and that defendants with means hire attorneys to defend.b. The right to counsel is one of the fundamental rights found in the first eight amendments to the Constitution that is safeguarded from state infringement by the Due Process Clause of the Fourteenth Amendment.c. The Sixth Amendment requires an attorney be provided to represent every indigent defendant who is facing a loss of liberty for any amount of time and on any charge
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