Question 1

Which of the following statements about plea bargaining is correct?

Accepted Answer

Plea bargaining is a common practice in the criminal justice system, where it occurs in the vast majority of criminal cases. This process involves negotiations between the defendant and the prosecutor, where the defendant agrees to plead guilty to a lesser charge or to only one of several charges in exchange for a lighter sentence or other benefits. This practice helps to manage caseloads and can be beneficial for both the defense and prosecution, but it also raises concerns about fairness and the possibility of innocent people being coerced into pleading guilty.

Question 2

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

Accepted Answer

Asset forfeiture is a legal process used by law enforcement agencies to seize assets and property that are found to be related to criminal activity, particularly organized crime. This tool is used to disrupt and dismantle criminal organizations by depriving them of their resources.

Question 3

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

Accepted Answer

In Giglio v. United States, the Supreme Court ruled that the prosecution must disclose any deals made with witnesses or informants that could influence their testimony, as part of the broader requirement to share exculpatory evidence under Brady v. Maryland.

Question 4

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

Accepted Answer

An attorney has a passive role when a client commits perjury, as they cannot knowingly allow false testimony, but they also have an active role in advising the client to rectify the perjury.

Question 5

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

Accepted Answer

Guaranteed appeals are not a fundamental component of due process. Due process primarily ensures fair treatment through the normal judicial system, especially as a citizen's entitlement. It typically includes the right to be heard, the right to notice of charges, the opportunity to present evidence and witnesses, and the ability to cross-examine witnesses. However, while appeals can be part of a broader justice system, they are not a guaranteed component of due process itself.

Question 6

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

Accepted Answer

The vast majority of cases in the criminal justice system are settled through plea bargains, where the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence, avoiding the need for a trial.

Question 7

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

Accepted Answer

The WorldCom and Enron cases influenced a change in the Model Rules guidelines regarding confidentiality, highlighting the need for attorneys to be able to break confidentiality under certain circumstances to prevent fraud or financial harm.

Question 8

Attorney-client privilege may ethically be revoked if:

Accepted Answer

Attorney-client privilege is designed to protect the confidentiality of communications between a client and their attorney. However, it can be ethically revoked if the attorney believes that disclosing certain information is necessary to prevent a client from committing a future crime or to prevent harm to others, such as in scenario C where the defense attorney wants to prevent her client from injuring someone.

Question 9

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

Accepted Answer

Considering the income of the victim in making charging decisions is unethical because it introduces bias and inequality into the legal process, potentially leading to decisions that are not based on the merits of the case but on socioeconomic status.

Question 10

A shadow jury is a:

Accepted Answer

A shadow jury is selected by a party's legal team (often the defense) to observe a trial and provide feedback on various aspects of the case, including reactions to arguments and evidence, to help the legal team assess how the real jury might be perceiving the case.

Question 11

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

Accepted Answer

Ethical formalism focuses on the duty to adhere to moral or legal codes, rather than the consequences of actions. A defense attorney following the Model Rules is prioritizing adherence to these established ethical codes, which aligns with ethical formalism.

Question 12

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

Accepted Answer

Utilitarianism justifies confidentiality in Robert Garrow's case because it focuses on the greatest good for the greatest number, suggesting that maintaining confidentiality could prevent further harm and uphold the integrity of the legal system.

Question 13

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

Accepted Answer

The answer of In Nix v. Whiteside , the Supreme...

Question 14

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

Accepted Answer

Defense attorneys face ethical challenges in drug courts because their traditional role of advocating for the client's interests might seem redundant in a system focused on treatment and rehabilitation rather than adversarial legal proceedings.

Question 15

Judges are typically against a pro se defense because:

Accepted Answer

Judges often disfavor pro se defenses (representing oneself) because such cases are more prone to errors in procedure or law, which can lead to appeals. This can make the initial trial less efficient and increase the likelihood of the case being revisited.

Question 16

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

Accepted Answer

Utilitarianism justifies plea bargaining by emphasizing its efficiency and mutual benefits, aligning with the principle of the greatest good for the greatest number.

Question 17

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

Accepted Answer

Prosecutors are not paid more for taking cases through trial; their salaries are not typically influenced by whether a case goes to trial or is resolved through a plea bargain. The other options (A, B, and D) can influence the decision to offer a plea bargain.

Question 18

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

Accepted Answer

Attorneys are expected to manage their schedules to fulfill their obligations to their clients. Difficulty in managing time or attending to case details does not constitute a valid reason for withdrawal, unlike the other options which are considered valid reasons under professional conduct rules.

Question 19

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

Accepted Answer

The confidentiality rule for defense attorneys allows for exceptions in cases such as prevention of future crime, client consent, and court orders. However, knowledge of evidence of a past crime, such as a murder that has already taken place, does not itself constitute an exception to the confidentiality obligation. Defense attorneys are generally required to maintain confidentiality about information related to past crimes unless another exception applies.

Question 20

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

Accepted Answer

The attorney-client privilege relationship is legally comparable to the relationship between husband and husband (or any married couple), as it is a legally recognized confidential relationship where communications are protected from disclosure in many legal contexts.

Quiz 9: Discretion and Dilemmas in the Legal Profession