Critical Stage
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL2
Example wrong choices
17028_misfiled_retreat_offer · CRIMINAL · Choice AShe has no claim because effective assistance of counsel applies only at trial, not during plea discussions.
Why it's attractive
The word only shrinks effective assistance to the trial itself, but the stem is about the plea-bargaining stage.
Why it's wrong
The word only shrinks effective assistance to the trial itself, but the stem is about the plea-bargaining stage.
17028_misfiled_retreat_offer · CRIMINAL · Choice BShe is entitled to relief automatically without proving that she would have accepted the offer.
Why it's attractive
Automatically and without proving turn an ineffective-assistance claim into a no-proof result.
Why it's wrong
Automatically and without proving turn an ineffective-assistance claim into a no-proof result.
17028_misfiled_retreat_offer · CRIMINAL · Choice DShe has no claim because she received a trial after the offer expired.
Why it's attractive
The choice answers as if the later trial wipes out the lost plea offer.
Why it's wrong
The choice answers as if the later trial wipes out the lost plea offer.
18598_lampstand_bookshop_photo_array · CRIMINAL · Choice AYes, because indictment means counsel must attend every identification procedure.
Why it's attractive
Every identification procedure is too broad.
Why it's wrong
Every identification procedure is too broad.
18598_lampstand_bookshop_photo_array · CRIMINAL · Choice BNo, because the Sixth Amendment never attaches until the first witness testifies at trial.
Why it's attractive
The answer says never until trial testimony, but the stem already gives indictment.
Why it's wrong
The answer says never until trial testimony, but the stem already gives indictment.
18598_lampstand_bookshop_photo_array · CRIMINAL · Choice DYes, because photo arrays are more suggestive than lineups as a matter of law.
Why it's attractive
The stem says nonsuggestive, and the call asks Sixth Amendment counsel.
Why it's wrong
The stem says nonsuggestive, and the call asks Sixth Amendment counsel.
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