GA Bar Constitutional Rights and Liberties 5

Question 1

Under Gideon v. Wainwright, the Sixth Amendment right to appointed counsel applies to indigent defendants in:

Accepted Answer

Felony prosecutions and misdemeanor prosecutions where actual imprisonment results

Answer

Gideon (1963) established the right for felonies; Argersinger v. Hamlin (1972) extended it to any case where actual imprisonment is imposed.

Question 2

The Sixth Amendment guarantees a speedy trial. Courts use the Barker v. Wingo balancing test, weighing four factors. Which of the following is NOT one of those factors?

Accepted Answer

Severity of the underlying offense

Answer

Barker v. Wingo (1972) weighs length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant — offense severity is not a factor.

Question 3

The Eighth Amendment's prohibition on cruel and unusual punishment has been interpreted to ban the death penalty for:

Accepted Answer

Offenders who were under 18 at the time of the offense, and those with intellectual disabilities

Answer

Roper v. Simmons (2005) barred execution of juvenile offenders, and Atkins v. Virginia (2002) barred execution of intellectually disabled offenders, both under the Eighth Amendment.

Question 4

In Griswold v. Connecticut, the Court struck down a ban on contraceptive use by married couples, finding a constitutional right to privacy grounded in:

Accepted Answer

Penumbras and emanations from several Bill of Rights guarantees

Answer

Griswold (1965) located the right to marital privacy in the penumbras and emanations of the First, Third, Fourth, Fifth, and Ninth Amendments, forming zones of privacy.

Question 5

The doctrine of incorporation makes most Bill of Rights protections applicable to the states through the Fourteenth Amendment. Which of the following rights has NOT been incorporated against the states?

Accepted Answer

The Fifth Amendment right to grand jury indictment in felony cases

Answer

The Fifth Amendment grand jury indictment right is one of the few Bill of Rights provisions that has not been incorporated against the states via the Fourteenth Amendment.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Constitutional Rights and Liberties 5