Explain how it is that two defendants in the same courtroom, with the same judge, may be charged with the same offense yet one will be entitled to counsel and one may not.
What will be an ideal response?
The primary reason is if one is considered indigent and the other is not considered indigent. The
Sixth Amendment right to counsel only applies to indigent defendants which are defined as defendants
who cannot afford their own attorney. As discussed in the textbook, about 90% of criminal defendants are
classified as indigent. Another aspect could be which stage of the court proceedings each defendant is in.
The right to counsel only applies during the “critical stages” so one may be present for an initial
appearance (no right to counsel) and the other may be present for a preliminary hearing (right to counsel).
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The dual court system of the United States consists of:
a. State Courts and Courts of Appeals. b. Federal and State Courts. c. Federal and District Courts. d. Federal and State Courts of Appeal.
All of the following were identified as criticisms of the USA PATRIOT Act EXCEPT ______.
a. the legislation was too intrusive b. sharing information could increase the efficacy of agencies c. it gave too many freedoms to investigative and police agencies d. the act could threat civil liberties protected under the Constitution
Some states grant the juvenile court judge discretion to substitute a status offense for a delinquency charge
a. True b. False Indicate whether the statement is true or false
Which of the following is a requirement of an arrest warrant?
A) Any magistrate with the authority to sign B) A magistrate already involved in the case in some way C) A magistrate heavily involved in prosecuting that type of offense D) A neutral and detached magistrate