Exam 9: Discretion and Dilemmas in the Legal Profession

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

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?

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

What are the two major areas of judicial discretion?

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

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

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

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?

The "halo effect" refers to:

_____________ 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.

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:

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

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

Prosecutors must seek justice, and not simply a conviction. However, once a case goes to trial, the subculture of winning is a difficult pressure to ignore. You are a prosecuting attorney in a rural county in Wyoming, trying a murder case. You know that most of the jurors that you will seat have no real scientific sense of what kinds of physical evidence are more valid than others. Are there kinds of physical evidence that you will not introduce into court, because they are too unreliable, even though the jurors will not know the difference? If so, why? If not, why not?

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

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

Which Supreme Court case ruled against federal sentencing guidelines?

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

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

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