Practice Quiz

CLEP US History II

Category - SCOTUS

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Which tenet of contemporary American criminal law was established by the U.S. Supreme Court decision in Gideon v. Wainwright (1963)?
  1. The right to a trial by a jury of one’s own peers
  2. Protection from double jeopardy
  3. The right to remain silent
  4. A citizen’s protection from being forced to testify against his or her spouse
  5. The right to legal consultation provided by the state if the accused cannot afford private counsel
Explanation
Answer: E - The Supreme Court decision in Gideon v. Wainwright (1963) established that a person accused of a crime is entitled to legal counsel, and if he or she is unable to afford private counsel, the state must appoint a public defender on his or her behalf. The court cited the Assistance of Counsel Clause in the Sixth Amendment to the U.S. Constitution, which states, “In all criminal prosecutions, the accused shall enjoy the right to... the Assistance of Counsel for his defense.”
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