Under Model Rule 3

Under Model Rule 3.1, a lawyer must have non-frivolous basis in fact and law before bringing or defending a claim or issue. Rule 3.1, however, also states that, in a criminal case, a defendant is not prevented from ______________________.

A) Asserting the Fifth Amendment right to counsel established under Miranda.
B) Asserting the Sixth Amendment right to confront witnesses.
C) Requiring that a public defender provide effective assistance of counsel.
D) Presenting a defense that requires the prosecution to prove every element of the crime.

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