Guilt Determination Test Error
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
- CRIMINAL1
Example wrong choices
17286_vineyard-wire-fraud · CRIMINAL · Choice ANo, because a preliminary hearing addresses probable cause rather than a determination of guilt.
Why it's attractive
Choice A is factually true (preliminary hearings address probable cause) but the critical-stage test does not require guilt determination — it requires that significant rights can be forfeited. Anchor needed to know the correct test.
Why it's wrong
Choice A is factually true (preliminary hearings address probable cause) but the critical-stage test does not require guilt determination — it requires that significant rights can be forfeited. Anchor needed to know the correct test.
17286_vineyard-wire-fraud · CRIMINAL · Choice CYes, but only because Hannah expressly requested counsel at the hearing.
Why it's attractive
Choice C says the right exists only because Hannah asked. This invents a request-trigger the Sixth Amendment does not impose. The right follows attachment and critical stage — not the defendant's demand.
Why it's wrong
Choice C says the right exists only because Hannah asked. This invents a request-trigger the Sixth Amendment does not impose. The right follows attachment and critical stage — not the defendant's demand.
17286_vineyard-wire-fraud · CRIMINAL · Choice DNo, because the Sixth Amendment applies only during the jury trial itself.
Why it's attractive
Choice D restricts the right to trial. This is an absolute restriction where doctrine clearly extends the right to critical pretrial stages. Cut immediately.
Why it's wrong
Choice D restricts the right to trial. This is an absolute restriction where doctrine clearly extends the right to critical pretrial stages. Cut immediately.
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