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Exam 11: The Sixth Amendment: Right to Counsel and a Fair Trial

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Question 1

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Eyewitness testimony is the leading cause of wrongful convictions, with more than 75 percent of all convictions that are overturned by DNA testing having been originally obtained, in part, through eyewitness testimony.

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Question 2

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Both the prosecution and the defense seek out the most neutral jury during the process of _____________, in which potential jurors are questioned by both sides to determine their impartiality.

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After the establishment of the jury panel, referred to as a(n) _________________, individual jurors must be selected, adhering to the "impartial" and "representative" parameters set forth in the Sixth Amendment.

Even when statements regarding the charged offense are not admissible because the person's Sixth Amendment rights were violated, they are still admissible to impeach the witness (to prove perjury).

A potential juror who is deemed to be biased may be removed for cause, and there is no limit under the Sixth Amendment to the number of potential jurors who may be removed by this method.

Witness identification of a suspect is very important to investigations and is compelling evidence in a criminal trial. We have all seen the police lineups in movies, in which individuals are led into a room to stand facing a two-way mirror, allowing a victim or a witness to pick out the individual he or she saw at the scene of the crime. The people in the lineup are selected to closely match the physical characteristics of the suspect, and the procedure must not be unduly suggestive as to which individual is the suspect. However, sometimes the police take a suspect to a victim's hospital room or bring a suspect to a crime scene, and show the suspect to witnesses. This show-up usually occurs immediately or shortly after a crime has occurred. This procedure is certainly more suggestive than a lineup, since there is only one person being brought before the witness or victim. Why do you think the courts allow show-ups, but will review lineups to make sure they are not too suggestive? Is this really fair?

Usually the first court appearance by a defendant, the procedure during which the accused is advised of his or her rights, advised of the charges, and given the opportunity to enter a plea is referred to as a(n) _________________.

______________ comprises out-of-court statements used to prove the truth of the matter asserted, and can include statements made, before taking the stand, by the person actually testifying.

A defendant may seek a change of venue for several reasons, most often because of publicity or emotion in the community that may affect the trial.

This rule established that, once the accused has invoked the right to counsel, police may not question the accused without an attorney present, even if the accused waives the right to have the attorney present during that particular session of questioning.

In Brewer v. Williams, the Supreme Court determined that there was:

Although the Sixth Amendment guarantees the right to a jury trial for serious crimes, there is no requirement that a person must have a trial by jury.

A __________________ is an identification technique in which several people, including the suspect, are shown to the victim or a witness.

The Sixth Amendment is triggered not by judicial proceeding but by prosecutorial action.

List the rights guaranteed by the Sixth Amendment.

The Court held, in Massiah v. United States (1964) , that a critical stage, requiring a lawyer, is reached when the defendant is:

The Supreme Court has held that a jury trial is not guaranteed if the maximum possible jail time is less than:

A sequential lineup requires that the individuals (or the photos) be viewed one at a time rather than side by side, with the witness required to make a decision about each one before viewing the next.

The Fifth and Sixth Amendments are the two most often cited in prisoner rights claims.

A two-prong test to establish a claim of ineffective counsel was established in which court case?