GA Bar Criminal Procedure 4

Question 1

Under Strickland v. Washington, a defendant alleging ineffective assistance of counsel must prove:

Accepted Answer

That counsel's performance was deficient and the deficiency prejudiced the outcome

Answer

Strickland requires proof that (1) counsel's performance fell below an objective standard of reasonableness, and (2) there is a reasonable probability the outcome would have differed but for those errors.

Question 2

Under the Barker v. Wingo balancing test for Sixth Amendment speedy trial claims, courts weigh all of the following EXCEPT:

Accepted Answer

Whether the defendant had retained or appointed counsel

Answer

Barker v. Wingo's four-factor balancing test considers: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant—not the type of counsel.

Question 3

The Confrontation Clause of the Sixth Amendment primarily guarantees a criminal defendant the right to:

Accepted Answer

Cross-examine witnesses who testify against them

Answer

As refined in Crawford v. Washington, the Confrontation Clause ensures a defendant's right to confront and cross-examine adverse witnesses.

Question 4

The Sixth Amendment right to a jury trial attaches to criminal offenses punishable by:

Accepted Answer

More than six months' imprisonment

Answer

The right to jury trial applies to 'serious' offenses—those carrying a potential sentence of more than six months' imprisonment; petty offenses do not trigger this right.

Question 5

The Sixth Amendment right to counsel attaches:

Accepted Answer

At the initiation of formal criminal proceedings such as indictment or arraignment

Answer

The Sixth Amendment right to counsel attaches at the commencement of formal adversarial proceedings—indictment, information, arraignment, or preliminary hearing—not merely upon arrest.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Criminal Procedure 4