All Counsel Limits Are Sixth Amendment Errors
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Criminal Law1
Example wrong choices
14610_timothy_grand_jury · CRIMINAL_LAW · Choice AYes, because Timothy was denied his constitutional right to advice of counsel.
Why it's attractive
Counsel language feels constitutionally powerful.
Why it's wrong
No constitutional right to counsel physically present inside the grand jury room.
Spot it next time
Ask whether the counsel right includes physical presence inside the grand jury room.
14610_timothy_grand_jury · CRIMINAL_LAW · Choice BYes, because the indictment was based upon illegally seized evidence.
Why it's attractive
Illegal search usually triggers exclusionary-rule instincts.
Why it's wrong
Illegally seized evidence points to suppression, not dismissal of the indictment.
Spot it next time
Restate the call: dismiss indictment, not suppress trial evidence.
14610_timothy_grand_jury · CRIMINAL_LAW · Choice CNo, because Timothy waived his constitutional rights by testifying.
Why it's attractive
It has the right bottom-line 'No' and familiar waiver facts.
Why it's wrong
Waiver is not the dispositive reason and does not address both dismissal theories.
Spot it next time
Test whether the reason answers both alleged defects in the stem.
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