Exam 10: Ethical Misconduct in the Courts and Responses

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E x parte conversations are a way of avoiding the perception of bias.

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False

In terms of prosecutorial misconduct, Aronson and McMurtrie discussed the presence of all of the following elements except:

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D

Believing one's original theory of the case despite evidence to the contrary is called:

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B

It is very common for attorneys to file complaints against judges that the attorneys feel had engaged in misconduct.

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Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.

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The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as:

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The ruling in the Batson case prohibits attorneys from using their peremptory challenges to exclude a juror on the basis of ___________.

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Describe the importance of judicial independence, but also explain why judicial oversight is necessary.

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You are  a judge seeking re-election to the county court. The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true?

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An approach to the Constitution that uses a looser reading of the document is called

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The most common charge leveled against prosecutors are Brady violations.

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You are  a judge seeking re-election to the county court. You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance of bias, your duty would be to:

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You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. You attempted to convince the jury that the presence of the fingerprints did not mean anything-it was his bat, after all, and he had used it in a softball game recently. You argued that the detectives investigating the murder suspected your client right away because he was the victim's ex-boyfriend, and accordingly, they automatically interpreted any evidence in a way that agreed with their suspicion. This is an example of:

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The procedure for presenting a single suspect to an eyewitness for identification is known as a:

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You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground. You have an abundance of physical evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of:

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____________________ are those freedoms that the framers would have recognized whether or not they were specifically mentioned in the Bill of Rights or Constitution.

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The Warren Court was known for its

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Review the efforts being made to reverse wrongful convictions, including private and government-driven efforts.

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According to the text, the major complaint about defense attorneys is that they do not communicate regularly with clients.

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A(n)_____________________ would utilize a looser reading of the Constitution and read into it rights that the framers might have recognized or that should be recognized due to "evolving standards."

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