Exam 9: Discretion and Dilemmas in the Legal Profession

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:

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

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.

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

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

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.

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

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

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.

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

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

Attorney-client privilege may ethically be revoked if:

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

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?

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

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

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

The "wedding cake" model of criminal justice can give lawyers the status of celebrities. You have been a public prosecutor for years, and are looking to make a move into the private sector. You have been assigned a high-profile case: the quarterback of your city's professional hockey team has been accused of murdering his girlfriend. You already have a book offer, and know the media pressure will be high to take the case through a trial. The defense attorney is signaling her client may want to plea bargain. How will you decide how to proceed?

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

Judges' use of discretion is perhaps nowhere as clear as in their application of the exclusionary rule. Supreme Court decisions such as New York v. Quarles and Nix v. Williams have made it easier to admit evidence that was illegally obtained. As a judge who frequently tries drug cases, the presentation of physical evidence is a crucial part of your decision-making process. What does settled law say about your responsibilities to the collection and use of evidence, and how closely do your own ethics align with those decisions?