Deck 9: Discretion and Dilemmas in the Legal Profession

Question 1

Which of the following statements about plea bargaining is correct?

A)Plea bargaining generally is not accompanied by ethical concerns.
B)Plea bargains must be formally requested by the defense.
C)Plea bargaining occurs in the vast majority of criminal cases.
D)Plea bargains must be approved by the arresting officer and victim.

Answer 1

C

Question 2

A legal tool used to confiscate property and money associated with organized criminal activity is called:

A)dispossession.
B)wealth audit.
C)asset forfeiture.
D)embezzlement.

Answer 2

C

Question 3

In ____________________, the Supreme Court held that the prosecution must disclose deals made with informants.

A)Giglio v. United States
B)Minnesota v. White
C)Brady v. Maryland
D)Nix v. New Jersey

Answer 3

A

Question 4

Pellicotti describes the passive role and the active role of an attorney with a client who commits:

A)perjury.
B)fraud.
C)violent crimes.
D)treason.

Question 5

Which of the following is not a component of due process?

A)Guaranteed appeals
B)The opportunity to present evidence and witnesses
C)The ability to cross-examine witnesses
D)Notice of charges

Question 6

The vast majority of cases in the criminal justice system are settled by:

A)a hung jury.
B)a judge.
C)a plea bargain.
D)a jury of citizens.

Question 7

According to the text, the WorldCom and Enron cases influenced a change in the Model Rules guidelines regarding

A)attorney fees.
B)confidentiality.
C)conflicts of interest.
D)education requirements for attorneys.

Question 8

Attorney-client privilege may ethically be revoked if:

A)the client admits guilt to the defense attorney.
B)the prosecution needs to include a confession as part of exculpatory evidence.
C)the defense attorney wants to prevent her client from injuring someone.
D)the judge informally asks the attorney to do so.

Question 9

Which factor would be unethical for a prosecutor to consider in making charging decisions?

A)The severity of the crime
B)The quality of evidence
C)The ability to obtain a conviction
D)Income of the victim

Question 10

A shadow jury is a:

A)panel of people selected by the press that observes the trial and provides feedback to the press.
B)panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney.
C)panel of people selected by the prosecutor that observes the trial and provides feedback to the prosecutor.
D)panel of people selected by the judge that observes the trial and provides feedback to the judge.

Question 11

A defense attorney who strictly adheres to the Model Rules is exhibiting the ethical system known as:

A)ethical formalism.
B)utilitarianism.
C)ethics of care.
D)egoism.

Question 12

The authors of the text state that in the case of Robert Garrow's attorneys, confidentiality is likely justified by:

A)religious ethics.
B)utilitarianism.
C)egoism.
D)ethics of care.

Question 13

In Nix v. Whiteside , the Supreme Court ruled that a defense attorney.

A)could rescind attorney-client privilege on any pretext.
B)could refuse to let her client commit perjury.
C)had to adhere to certain guidelines before offering a plea bargain to a client.
D)must present any evidence of guilt to the prosecution.

Question 14

Drug courts present particular ethical challenges for__________ whose role might appear redundant.

A)defense attorneys
B)prosecutors
C)judges
D)clients

Question 15

Judges are typically against a pro se defense because:

A)the client should be able to afford a better attorney.
B)the case is likely to be overturned on appeal.
C)the client-attorney relationship is a conflict of interest.
D)the likelihood of a plea is lower.

Question 16

Because plea bargaining is efficient and benefits both the state and the defendant, this process is justified by:

A)utilitarianism.
B)ethical formalism.
C)egoism.
D)ethics of care.

Question 17

Which of the following is not a motivation for prosecutors to offer a plea bargain?

A)The victim's wishes
B)The strength or weakness of the evidence
C)The fact that prosecutors are paid more when they take a case through trial
D)Public interest in the case

Question 18

Which of the following is not a valid reason for an attorney to withdraw from a case?

A)If the legal action is for harassment or malicious purposes
B)If continued employment will result in violation of a disciplinary rule
C)If the attorney's schedule makes it difficult to attend to the details of the case
D)If discharged by the client

Question 19

Which of the following is not an exception to the confidentiality rule for defense attorneys?

A)Prevention of future crime of imminent death or grievous bodily harm
B)Client consent
C)Court order
D)Knowledge of evidence of a murder that has taken place

Question 20

The attorney-client privilege relationship is legally comparable to the relationship between:

A)brother and sister.
B)husband and husband.
C)teacher and student.
D)boss and employee.

Question 21

Which Supreme Court case ruled against federal sentencing guidelines?

A)Gall v. United States
B)Minnesota v. White
C)Brady v. Maryland
D)Nix v. New Jersey

Question 22

What are the two major areas of judicial discretion?

A)Sentencing and jury selection
B)Interpretation of law and jury selection
C)Interpretation of law and jury instruction
D)Sentencing and interpretation of law

Question 23

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. As the trial date approaches, it occurs to you that there is very little chance of prevailing in court. You do not wish to be associated with a losing case, and it also occurs to you that if your client is convicted, you may never be paid. According to the Model Rules, your option is limited to which of the following?

A)You may withdraw from the case only after you secure an adequate replacement.
B)You may not withdraw from the case simply because it appears you will lose and/or may not be paid.
C)You may delay the trial until payment is secured but may not withdraw.
D)You may withdraw from the case at any time, for any reason.

Question 24

According to the text, which of the following is true, regarding the exclusionary rule?

A)Data show that police misconduct has subsided as a result of the exclusionary rule.
B)Police officers are generally not very well educated about the rule.
C)The rule only applies to cases in those states that have enacted the rule.
D)Evidence seized without a warrant but in the interest of public safety is not excluded by the rule.

Question 25

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. The police have been searching for a weapon but have been unable to find it. This weakens the prosecution's case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the Model Rules, your duty now is to:

A)withdraw from the case.
B)remain on the case, but alert the judge to the location of the weapon.
C)remain on the case, but require the defendant to inform the police of the weapon's location.
D)remain on the case and keep the location of the weapon confidential.

Question 26

_____________ from a case is necessary when a judge has a financial interest in the case or has some other perceived bias or relationship that might give the appearance of impropriety.

A)Reassignment
B)Withdrawal
C)Resignation
D)Recusal

Question 27

You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. As you review the evidence you intend to present, you notice that the crime lab was unable to identify two fingerprints found at the crime scene. They were successful in matching several other prints to those of the defendants, and you intend to present this to the jury. Which of the following statements is true, regarding the inconclusive fingerprints?

A)They are irrelevant to the case and can be disregarded.
B)According to the Brady rule, you are required to provide the inconclusive report to the defense.
C)According to the Brady rule, you must provide the information to the defense but only if they formally request it.
D)Because there were inconclusive fingerprints, you are not permitted to call the examiner as an expert witness to testify about the prints that were successfully matched.

Question 28

You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. After asking the examiner the questions you prepared about the fingerprints, you ask him questions about the shoeprints found outside the crime scene. This witness is only trained as a fingerprint examiner but you hope that the jury will consider his opinion about the shoeprints to be that of an expert. If they do consider his shoeprint comments to be knowledgeable and reliable, this would be an example of:

A)leading the witness.
B)a Brady motion.
C)the halo effect.
D)a conflict of interest.

Question 29

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. The police had a warrant to search inside your client's house, but the weapon was found outside. You believe that the weapon was found and seized improperly, and should not be allowed to be used as evidence, so you will ask the judge to enforce the

A)statute of limitations.
B)change of venue.
C)exclusionary rule.
D)Brady rule.

Question 30

What are the motions demanding the prosecutor reveal exculpatory information called?

A)Brady motions
B)Exculpatory motions
C)Garrow motions
D)Evidentiary motions

Question 31

You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. The crime lab examiner who matched the fingerprints to the defendant is an important witness. The fingerprints represent a significant part of your case. According to the "Daubert standard," you will be required to

A)demonstrate that the witness utilized reliable scientific methods.
B)show that the expert witness personally supervised the collection of the fingerprints at the scene.
C)certify that the witness is not being paid or compensated in any way for his testimony.
D)obtain the defense's agreement to allow him to utilize visual aids as part of his testimony.

Question 32

The ethical concern regarding expert witnesses is about whether they are really

A)paid.
B)expensive.
C)recognizable.
D)reliable.

Question 33

The "halo effect" refers to:

A)the phenomenon in which a defendant is seen as innocent and naïve.
B)the phenomenon in which a person with expertise or status in one area is given deference in all areas.
C)the phenomenon in which the defense attorney is given deference even when he is clearly stretching the truth.
D)the phenomenon in which the witness is a member of the clergy.

Question 34

Which of the following areas of criminalistics is the least reliable?

A)Hair analysis
B)DNA testing
C)Ballistics testing
D)Fingerprint analysis

Question 35

____________________ is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings.

A)Criminal investigative science
B)Criminalistics
C)Criminal technologist
D)Crime scene technician

Question 36

You are a prosecutor preparing for a case that has garnered significant media attention. As the trial date approaches, you have several important matters to attend to. The judge assigned to the case is facing re-election in a few months. You have been informed that the defense attorney is planning to make a contribution to the judge's campaign fund, so you make a motion for recusal. The judge denies your motion. Which of the following is correct about this situation?

A)It is up to the judge to decide whether to recuse himself or herself.
B)The recusal motion will be heard by a separate judge, usually the supervisor of the judge in question.
C)In this situation, you have no power to make a recusal motion.
D)Both attorneys must agree to submit a recusal motion before any action will be taken on it.

Question 37

The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have:

A)upheld their legality.
B)denied the use of the guidelines only when based on evidence not proven in court.
C)required the prosecutor to not use enhanced sentence provisions.
D)ruled that judges must have the ability to use some discretion in sentencing.

Question 38

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:

A)the case will be delayed indefinitely.
B)the prosecution will not be permitted to refer to the weapon during the trial, since it was never located.
C)the case will be moved to a court in another location.
D)the jury pool will be dismissed and a new one convened.

Question 39

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?

A)Utilitarianism
B)Ethical formalism
C)Legal paternalism
D)Universality

Question 40

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?

A)The defendant agrees to plead guilty, and prosecutor agrees to drop the charge to second-degree murder.
B)The defendant is allowed to remain free until the trial but agrees to remain local.
C)The prosecutor agrees to allow the trial to be moved to a different location.
D)The defendant and the prosecutor agree to a "bench trial," meaning there will be no jury, and the judge alone will determine guilt or innocence.

Question 41

Nix v. Whiteside ruled that defense attorneys can refuse to allow their clients to commit perjury.

Question 42

It is difficult for a lawyer to withdraw from representing a client.

Question 43

Attorneys can reveal the confidences of their clients in order to defend themselves.

Question 44

Federal sentencing guidelines have generally been upheld by the Supreme Court.

Question 45

Jury consultants are never used by defense attorneys.

Question 46

The Latin term _____________ means "for one's self;" in legal terms it means to serve as your own attorney.

Question 47

When an expert witness' opinions are given great weight-even in areas not within his area of expertise-this is known as the ___________________.

Question 48

A judge may grant permission to withdraw when the client insists on illegal or unethical actions.

Question 49

If a defense attorney is not sure that the client would be committing perjury, there is no legal duty to disclose his concerns.

Question 50

A defense attorney that knew of the location of the murder weapon that his client used is required to turn that weapon in as part of discovery.

Question 51

Prosecutors may not take on a case based on a "gut" feeling the defendant is innocent.

Question 52

Shadow juries are a panel of people selected by the ________.

Question 53

More chief prosecutors work part time now than they did twenty years ago.

Question 54

Prosecutors are required to pursue criminal charges regardless of the wishes of the victim.

Question 55

If a public defender is not available, the judge can appoint a local private attorney to represent the defendant.

Question 56

Judges have discretion in appointing guardian ad litem or indigent cases to attorneys.

Question 57

An exchange of a guilty plea for reduced charge or sentence is called a(n)_____________________.

Question 58

Ethical defense does not allow the defense attorney to question the credibility of prosecution witnesses.

Question 59

In __________ , the Supreme Court held that it did not violate the defendant's Sixth Amendment right to counsel for the attorney to refuse to help the defendant commit perjury.

Question 60

The Model Rules have replaced the Model Code as a guide for ethics.

Question 61

____________________ is a profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings.

Question 62

Analyze the discretion judges have in sentencing, and how it has been limited or expanded.

Question 63

The controversial criminalistics approach to evidence that involves dogs is ___________.

Question 64

Describe and evaluate the ways under which an attorney may withdraw from providing legal assistance to a client.

Question 65

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.

Question 66

Explain why the attorney-client privilege is critical to the integrity of the judicial process.

Question 67

If the defense believes that local news coverage of the case has created a biased jury pool, the defense attorney may file a motion seeking a(n)____________________.

Question 68

Filing unwarranted charges against someone for the purpose of revenge or harassment is known as _____________ prosecution.

Question 69

___________ is a type of discredited criminalistics which is outlawed in Illinois and Michigan courtrooms.

Question 70

Compare the potential conflicts of interest for defense attorney and those of prosecutors.

Question 71

Discuss what jury consultants do and why they have been criticized.

Question 72

"Public integrity" units prosecute wrongdoing on the part of _____________________.

Question 73

Explain the confidentiality rules of defense attorneys and explain some situations where they may be able to disclose confidential information.

Question 74

Evaluate the ethical and legal questions that arise from the use of jailhouse informants.

Question 75

Discuss the ethical issues that arise when a political action committee raises money to fund a judge's election campaign.

Question 76

The Daubert standard refers to the standards for expert testimony, which must be based on ___________ methodology.

Question 77

One of the clearest examples of judicial discretion is in the application of the ____________________, which basically states that when the evidence has been obtained improperly, it cannot be used against the defendant at trial.

Question 78

____________________ is a legal procedure to confiscate property and money associated with organized criminal activity.

Question 79

Using data to support your response, compare the experience that a defendant will have with a private attorney and the experience that an indigent defendant will have with a public defender.

Question 80

A(n)______________________ offers testimony derived from his/her expertise rather than his/her knowledge of the specific facts of the crime.