Exam 9: Discretion and Dilemmas in the Legal Profession
____________________ is a profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings.
Criminalistics
Most criminal cases are settled by plea bargain. As a public defender with an extraordinary workload, you feel the pressure to move as many cases through the system as possible so that the time spent awaiting trial, dismissal, or plea -often behind bars-is reduced as much as possible. Yet, this means you often discourage a trial for your clients. What guides your decision-making process for advising which clients should go to trial?
As a public defender with a heavy workload, the decision-making process for advising which clients should go to trial is guided by a number of factors. First and foremost, I prioritize the best interests of my clients. I carefully assess the strength of the evidence against them and weigh the potential consequences of going to trial versus accepting a plea bargain.
I also consider the individual circumstances of each client, including their criminal history, the severity of the charges they are facing, and their willingness to take the risk of going to trial. I take into account their personal preferences and goals, as well as their ability to withstand the stress and uncertainty of a trial.
Additionally, I consult with my clients to ensure they fully understand the potential outcomes of both options and provide them with the information and support they need to make an informed decision. I also consider the resources available to me, including the time and manpower required for a trial, and the potential impact on my other clients.
Ultimately, my goal is to provide the best possible representation for each client and to advocate for their rights and interests to the best of my ability. This may mean advising some clients to pursue a trial, while for others, a plea bargain may be the most favorable option. Each case is unique, and I strive to approach each decision with careful consideration and a commitment to achieving the best possible outcome for my clients.
Which of the following is not an exception to the confidentiality rule for defense attorneys?
D
Explain the confidentiality rules of defense attorneys and explain some situations where they may be able to disclose confidential information.
You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. The judge rejects your motion to prevent the weapon from being used in the trial. She agreed that technically the warrant did not specifically include the area of the woodpile, but feels that the minor violation was not worth taking the chance that the prosecutor might end up losing the case. In her view, society is better served by allowing the weapon to be used as evidence than it would be if the defendant is allowed to go free. This decision represents which ethical belief?
Attorneys can reveal the confidences of their clients in order to defend themselves.
Evaluate the ethical and legal questions that arise from the use of jailhouse informants.
Which factor would be unethical for a prosecutor to consider in making charging decisions?
A(n)______________________ offers testimony derived from his/her expertise rather than his/her knowledge of the specific facts of the crime.
A judge may grant permission to withdraw when the client insists on illegal or unethical actions.
Compare the potential conflicts of interest for defense attorney and those of prosecutors.
According to the text, which of the following is true, regarding the exclusionary rule?
The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have:
Which of the following is not a motivation for prosecutors to offer a plea bargain?
Prosecutors may not take on a case based on a "gut" feeling the defendant is innocent.
The authors of the text state that in the case of Robert Garrow's attorneys, confidentiality is likely justified by:
____________________ is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings.
The Daubert standard refers to the standards for expert testimony, which must be based on ___________ methodology.
The ethical concern regarding expert witnesses is about whether they are really
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