Deck 9: Discretion and Dilemmas in the Legal Profession

Question 1

In _______________________,the Supreme Court held that the prosecution must share any exculpatory information with the defense that is material to the case.

A) Bartley v. Montana
B) Brown v. Mississippi
C) Brady v. Maryland
D) Nix v. New Jersey

Answer 1

C

Question 2

The only situations wherein a lawyer can ethically reveal confidences of a client include all of the following except:

A) when the client consents
B) when disclosure is required by law or court order
C) when one needs to defend oneself or employees against an accusation of wrongful conduct
D) when the client is a minor and cannot give consent

Answer 2

D

Question 3

In a pro se defense:

A) the defendant defends him or herself
B) the defendant is represented by one attorney only
C) the defendant does not enter a plea
D) the defendant is not able to stand trial

Answer 3

A

Question 4

System efficiency is an office policy:

A) that weeds out those cases in which the evidence is not strong enough to support further action
B) with goals of efficiency and accountability; all decisions are made with these goals in mind, so many cases result in dismissals
C) that emphasizes diversion and other rehabilitation tools rather than punitive goals
D) that encourages a charge that can be sustained through trial

Question 5

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.

A) Bartley v. Montana
B) Brown v. Mississippi
C) Miranda v. Connecticut
D) Nix v. Whiteside

Question 6

Aronson discusses two methods for resolving ethical dilemmas,the situation model and the:

A) rational model
B) bureaucratic model
C) general model
D) systems model

Question 7

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

Question 8

Which of the following statements about plea bargaining is correct?

A) plea bargaining generally is not accompanied by major ethical concerns
B) arguments given against the use of plea bargaining include limited resources and legislative over-criminalization
C) plea bargaining continues to be prevalent across the United States
D) plea bargaining is the prerogative of the trail judge

Question 9

Which of the following statements regarding lawyer's actions is false?

A) The lawyer may not engage in motions or actions to intentionally and maliciously harm others.
B) The lawyer may not knowingly advance unwarranted claims or defenses.
C) The lawyer may not knowingly make a false statement of law or fact.
D) The lawyer may not directly communicate with opposing attorneys

Question 10

Defendant rehabilitation is an office policy:

A) that weeds out those cases in which the evidence is not strong enough to support further action
B) with goals of efficiency and accountability; all decisions are made with these goals in mind, so many cases result in dismissals
C) that emphasizes diversion and other rehabilitation tools rather than punitive goals
D) that encourages a charge that can be sustained through trial

Question 11

Jacoby,Mellon,and Smith discuss various office policies that influence the prosecutors' decision making including all of the following except:

A) legal sufficiency
B) system efficiency
C) trial sufficiency
D) defendant sufficiency

Question 12

Trial sufficiency is an office policy:

A) that weeds out those cases in which the evidence is not strong enough to support further action
B) with goals of efficiency and accountability; all decisions are made with these goals in mind, so many cases result in dismissals
C) that emphasizes diversion and other rehabilitation tools rather than punitive goals
D) that encourages a charge that can be sustained through trial

Question 13

The __________________ model utilizes a more absolute or legalistic model in that behavior would always be considered wrong or right depending on the ethical rule guiding the definition.

A) situational
B) systems
C) rational
D) bureaucratic

Question 14

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

A) asset seizure
B) wealth audit
C) asset forfeiture
D) embezzlement

Question 15

A shadow jury is a:

A) panel of people selected by the press to represent the actual jury that sits through the trial and provides feedback to the press
B) panel of people selected by the defense attorney to represent the actual jury that sits through the trial and provides feedback to the attorney
C) panel of people selected by the prosecutor to represent the actual jury that sits through the trial and provides feedback to the prosecutor
D) panel of people selected by the judge to represent the actual jury that sits through the trial and provides feedback to the judge

Question 16

Legal sufficiency is an office policy:

A) that weeds out those cases in which the evidence is not strong enough to support further action
B) with goals of efficiency and accountability; all decisions are made with these goals in mind, so many cases result in dismissals
C) that emphasizes diversion and other rehabilitation tools rather than punitive goals
D) that encourages a charge that can be sustained through trial

Question 17

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 18

The inability of authorities to compel an attorney to disclose confidential information regarding his or her client is called:

A) fiduciary privilege
B) anti-incriminatory privilege
C) attorney-client privilege
D) theological privilege

Question 19

In the __________________ model lawyers weigh the priorities and decide each case on the specific factors present.

A) situational
B) systems
C) rational
D) bureaucratic

Question 20

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 21

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

Question 22

The motions demanding the prosecutor reveal exculpatory information are called?

A) Brady motions
B) Exculpatory motions
C) Garrow motions
D) MRE's

Question 23

The implementation of the Federal Sentencing Guidelines has eliminated much of the controversy surrounding racial bias in sentencing.

Question 24

Which of the following is not a valid exception to the exclusionary rule?

A) good faith
B) judicial discretion
C) inevitable discovery
D) public safety

Question 25

Defense attorneys cannot do anything when their client commits perjury.

Question 26

In jurisdictions where judges are elected,campaign donations from practicing attorneys are:

A) strictly forbidden by law
B) discouraged, but permitted
C) encouraged
D) generally routine

Question 27

One method of prosecutorial discretion to charge or not is "defendant rehabilitation."

Question 28

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 29

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

Question 30

Federal Sentencing Guidelines involve:

A) mandated sentences created by Congress for use by judges when imposing sentence
B) mandated sentences created by the individual states for use by judges when imposing sentence
C) mandated sentences created by the executive branch for use by judges when imposing sentence
D) mandated sentences created by the Bureau of Justice for use by judges when imposing sentence

Question 31

_____________________ 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 32

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

Question 33

An 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 34

The use of jury consultants is against the rules of the courtroom.

Question 35

The halo effect refers to:

A) the phenomenon in which a defendant is seen as innocent and naive
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 36

According to the _________________ standard,evidence must be from a reliable scientific methodology.

A) Nix
B) Massey
C) Daubert
D) Brady

Question 37

To avoid the appearance of bias,many jurisdictions have laws that forbid judges from accepting campaign contributions from attorneys that practice in their courtroom.

Question 38

Zealous defense would allow besmirching the character of prosecution witnesses.

Question 39

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

A) paid
B) expensive
C) recognizable
D) qualified

Question 40

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 could use their discretion in sentencing

Question 41

An ______________________ offers testimony derived from their expertise rather than their knowledge of the specific facts of the crime.

Question 42

The ________________________ is an absolute or legalistic model in that attorney's behavior would always be considered wrong or right depending on the ethical rule guiding the definition.

Question 43

Discuss how the ethics of virtue,according to Cassidy,can help determine ethical decisions for prosecutors.

Question 44

What are the two areas of judicial discretion described in the text? Give examples.

Question 45

__________________________ is a profession involved in the "scientific discipline directed to the recognition,identification,individualization,and evaluation of physical evidence by the application of the natural sciences to law-science matters."

Question 46

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

Question 47

Describe and discuss the significance of the relationship between the prosecutor and the press.Provide examples.

Question 48

The _________________________ or judge-created rule bars illegally obtained evidence except in certain excepted instances,such as "good faith," "public safety," and "inevitable discovery".

Question 49

Describe and discuss the major ethical issues for judges as presented in your text.

Question 50

The responsibility of _________________ is to look into allegations of wrongdoing by public servants.

Question 51

The panel of people selected by the defense attorney to represent the actual jury that sits through the trial and provides feedback to the attorney on the evidence being presented during the trial are called the ______________________.

Question 52

The _________________________ is a legal rule by which an attorney cannot (even through subpoena or threat of contempt)disclose confidential information regarding his or her client

Question 53

An exchange of a guilty plea for reduced charge or sentence is called a ___________________.

Question 54

Lawyers weigh the priorities in each case and decide each case on the particular factors present,this is called the ______________________.

Question 55

Discuss the various forms of forensic testimony and why they have been criticized.

Question 56

_________________________ prohibit testimony that involves prior sexual history of rape victims unless it is crucial to some factual element of the case.

Question 57

List and discuss the four types of office policy that influence prosecutors' decision making according to discussion by Jacoby,Mellon,and Smith.

Question 58

Compare the potential zealous defense issues for defense attorneys and those of prosecutors.

Question 59

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

Question 60

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