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Question 1
Northstate has divided felonies into several classes. A "Class A" felony is the most serious, "Class B" is less serious, and "Class C" even less so. In an effort to cut costs, Northstate legislature has passed a law stating that attorneys will be provided at trial for the indigent only if they are accused of a Class A or Class B felony. Is the law unconstitutional?
Correct
Incorrect!
Correct The Sixth Amendment right to effective counsel applies to all felonies, even if a state has different classes of felonies. Remember that the Fifth Amendment right to counsel is only triggered by a custodial interrogation, and whether the crime charged is a felony or not is irrelevant to a Fifth Amendment analysis.
Incorrect! The Sixth Amendment right to effective counsel applies to all felonies, even if a state has different classes of felonies. Remember that the Fifth Amendment right to counsel is only triggered by a custodial interrogation, and whether the crime charged is a felony or not is irrelevant to a Fifth Amendment analysis.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Which of the following statements is TRUE?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Once the accused asserts her Fifth Amendment right to counsel ALL questioning must stop until counsel arrives. The Sixth Amendment, however, permits questioning on an unrelated matter even after an attorney is requested.
Incorrect! Once the accused asserts her Fifth Amendment right to counsel ALL questioning must stop until counsel arrives. The Sixth Amendment, however, permits questioning on an unrelated matter even after an attorney is requested.
Question 3
Massahampshire defines larceny as "taking and carrying away the tangible personal property of another by trespass with the intent to permanently deprive that person of his interest in the property," and grand larceny as "a larceny which involves the taking of a sum of $1000 or more, or the taking of property with a value of $1000 or more." Frieda is arrested for stealing a new plasma TV from a local shop. She is charged with larceny. Freida is properly Mirandized and demands to see a lawyer before answering any questions. After an hour or so an officer comes back into the room, Mirandizes her again, and informs her that they just discovered the value of the TV is $3000 and that they are adding grand larceny to her charges. May the officer question her about the grand larceny without raising a Sixth Amendment issue?
Correct
Incorrect!
Correct
Incorrect!
Correct For Sixth Amendment purposes, two offenses are separate offenses only if each crime requires proving an element that is not required to make out the other crime. While grand larceny requires an additional element that larceny does not require, i.e., the value of the goods, the lesser-included offense of larceny does not require any elements not required to prove grand larceny. (B) and (D) both center on the same concept of new information coming to light while a suspect is in custody. There is nothing preventing the addition of charges to an in-custody suspect based on new evidence.
Incorrect! For Sixth Amendment purposes, two offenses are separate offenses only if each crime requires proving an element that is not required to make out the other crime. While grand larceny requires an additional element that larceny does not require, i.e., the value of the goods, the lesser-included offense of larceny does not require any elements not required to prove grand larceny. (B) and (D) both center on the same concept of new information coming to light while a suspect is in custody. There is nothing preventing the addition of charges to an in-custody suspect based on new evidence.
Correct
Incorrect!
Question 4
Hobie is indigent and is assigned Warren as his attorney by the court for his felony murder case. Hobie continuously tells Warren to tell the judge about the religious tattoo he has on his chest and to point out that a man with such a tattoo couldn't possibly commit murder. Warren refuses to argue the point and Hobie is convicted. On appeal, Hobie claims that Warren's representation was ineffective. Is Hobie likely to win his appeal?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The attorney can use, or not use, whatever trial tactics he sees fit at his sole discretion. The mere fact that Warren refused to argue Hobie's point and that Hobie lost does not constitute ineffective assistance of counsel.
Incorrect! The attorney can use, or not use, whatever trial tactics he sees fit at his sole discretion. The mere fact that Warren refused to argue Hobie's point and that Hobie lost does not constitute ineffective assistance of counsel.
Question 5
Hobie is indigent and is assigned Warren as his attorney by the court for his felony murder case. Hobie continuously tells Warren to tell the judge about the religious tattoo he has on his chest and to point out that a man with such a tattoo couldn't possibly commit murder. Warren refuses to argue the point and Hobie is convicted. On appeal, Hobie claims that Warren's representation was ineffective. Following Hobie's appeal, Warren is shaken and has lost all self-confident. The next indigent client appointed to him by the court, Ben, is accused of vehicular homicide. The minimum penalty for this crime is 10 years in prison, the maximum if 35 years. While passing through a toll plaza Ben apparently passed out drunk and ran into the toll booth, killing the attendant inside. The entire episode is caught on tape, as is Ben's post-Miranda confession at the police station the following morning once he sobered up. Ben has been arrested for driving while intoxicated in the past and has served time for the crime. Warren's performance in court is lackluster to say the least. He mumbles so badly that the jury can hardly hear him. He often seems lost in a daze and fails to object to questions from the prosecution which any first-year law student would know are impermissible. His closing argument is only ten words - "Please don't lock this boy up. He's a good kid." Ben is convicted and sentenced to 15 years in prison. He appeals arguing ineffective assistance of counsel. Is Ben likely to win his appeal?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Despite Warren's egregious behavior, Ben is not likely to make out a claim of ineffective assistance of counsel. In order for counsel to be found ineffective, the representation must have been deficient, which it clearly was here, AND Ben must show that but for the deficiency there would have been a different outcome. Given the overwhelming evidence against Ben and his apparent proclivity for driving drunk it is unlikely that he would have avoided a guilty verdict or been given a sentence closer to the minimum 10 years.
Incorrect! Despite Warren's egregious behavior, Ben is not likely to make out a claim of ineffective assistance of counsel. In order for counsel to be found ineffective, the representation must have been deficient, which it clearly was here, AND Ben must show that but for the deficiency there would have been a different outcome. Given the overwhelming evidence against Ben and his apparent proclivity for driving drunk it is unlikely that he would have avoided a guilty verdict or been given a sentence closer to the minimum 10 years.