Exam 9: Discretion and Dilemmas in the Legal Profession
Which of the following is not a valid exception to the exclusionary rule?
B
Discuss the potential ethical issues that defense attorneys must contend with when presenting a zealous defense .
Defense attorneys often face potential ethical issues when presenting a zealous defense for their clients. One of the main ethical dilemmas is the conflict between their duty to vigorously defend their client and their obligation to uphold the law and ethical standards. This can be particularly challenging when defending clients who are clearly guilty or have committed heinous crimes.
Another ethical issue is the potential for defense attorneys to use tactics that may be considered unethical or dishonest in order to secure an acquittal for their client. This could include presenting false evidence, misleading the jury, or attacking the character of the victim or witnesses.
Additionally, defense attorneys may also face ethical challenges when dealing with clients who may not fully understand the legal process or their own rights. It is the attorney's responsibility to ensure that their client is fully informed and able to make decisions about their defense, even if it means advising them to accept a plea deal or admit guilt.
Furthermore, defense attorneys must also consider the impact of their defense strategy on the victims and their families. While it is their duty to provide a zealous defense for their client, they must also be mindful of the potential harm their actions may cause to others.
Overall, defense attorneys must navigate these potential ethical issues with careful consideration and adherence to their professional responsibilities. It is essential for them to balance their duty to provide a zealous defense with their ethical obligations to the legal system and the well-being of all parties involved.
According to the Model Rules, a prosecutor should seek or file charges only if he or she reasonably believes charges are supported by probable cause and:
D
Discuss the various forms of forensic testimony and why they have been criticized.
The protection that prevents authorities from compelling an attorney to disclose confidential information regarding his or her client is called:
Ethical defense does not allow the defense attorney to question the credibility of prosecution witnesses.
According to the text, the WorldCom and Enron cases influenced a change in the Model Rules guidelines regarding:
Because plea bargaining is efficient and benefits both the state and the defendant, this process is justified by:
Which of the following statements regarding lawyers' actions is false ?
____________________ is a profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings.
You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial.
Upon reviewing the facts of the case, it occurs to you that there is a very good chance that the defendant will be convicted if the case goes to trial. Your client indicates that he would be willing to accept a plea bargain. Which of the following would be an example of a plea bargain?
Judges have discretion in appointing guardian ad litem or indigent cases to attorneys.
The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have:
According to the __________________ standard, evidence must be from a reliable scientific methodology.
The Latin term _____________ means "for one's self;" in legal terms it means to serve as your own attorney.
In the case known as Nix v. Whiteside , the Supreme Court held that it did not violate the defendant's ___________ Amendment right to counsel for the attorney to refuse to help the defendant commit perjury.
You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial.
You have decided that a "change of venue" motion would be in your client's best interest. If the judge grants your motion, this means:
Discuss the ethical conflicts that exist for attorneys who must simultaneously act as the advocate for their case as well as an officer of the court .
Attorneys can reveal the confidences of their clients in order to defend themselves.
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