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Criminal Law
Q:
An exchange of a guilty plea for reduced charge or sentence is called a ___________________.
Q:
If a defense attorney is not sure that the client would be committing perjury, there is no legal duty to disclose his concerns.
Q:
It is permissible (and efficient) for the same attorney to represent two defendants charged with the same crime.
Q:
In the federal system, nearly half of all defendants are represented by publicly funded attorneys.
Q:
A judge may recuse himself or herself from a case for any reason.
Q:
A judge may grant permission to withdraw when the client insists on illegal or unethical actions.
Q:
The implementation of the Federal Sentencing Guidelines has eliminated much of the controversy surrounding racial bias in sentencing.
Q:
To avoid the appearance of bias, many jurisdictions have laws that forbid judges from accepting campaign contributions from attorneys that practice in their courtroom.
Q:
If a public defender is not available, the judge can appoint a local private attorney to represent the defendant.
Q:
Defense attorneys must allow their clients to commit perjury if they choose to do so.
Q:
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.
Q:
The use of jury consultants is against the rules of the courtroom.
Q:
Attorneys can reveal the confidences of their clients in order to defend themselves.
Q:
Zealous defense would allow questioning the credibility of prosecution witnesses.
Q:
The Model Rules have replaced the Model Code as a guide for ethics.
Q:
It is difficult for a lawyer to withdraw from representing a client.
Q:
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?
a. You may withdraw from the case only after you secure an adequate replacement
b. You may not withdraw from the case simply because it appears you will lose and/or may not be paid
c. You may delay the trial until payment is secured but may not withdraw
d. You may withdraw from the case at any time, for any reason
Q:
The judge rejects your motion to prevent the weapon from being used in the trial. She agreed that technically the warrant did not specifically include the area of the woodpile, but feels that the minor violation was not worth taking the chance that the prosecutor might end up losing the case. In her view, society is better served by allowing the weapon to be used as evidence than it would be if the defendant is allowed to go free. This decision represents which ethical belief?
a. Utilitarianism
b. Ethical formalism
c. Legal paternalism
d. Universality
Q:
The police had a warrant to search inside your client's house, but the weapon was found outside. You believe that the weapon was found and seized improperly, and should not be allowed to be used as evidence, so you will ask the judge to enforce the _____________________.
a. statute of limitations
b. change of venue
c. exclusionary rule
d. Brady rule
Q:
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:a. The case will be delayed indefinitelyb. The prosecution will not be permitted to refer to the weapon during the trial, since it was never locatedc. The case will be moved to a court in another locationd. The jury pool will be dismissed and a new one convened
Q:
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?
a. The defendant agrees to plead guilty, and prosecutor agrees to drop the charge to second-degree murder
b. The defendant is allowed to remain free until the trial but agrees to remain local
c. The prosecutor agrees to allow the trial to be moved to a different location
d. The defendant and the prosecutor agree to a "bench trial," meaning there will be no jury, and the judge alone will determine guilt or innocence
Q:
The police have been searching for a weapon but have been unable to find it. This weakens the prosecution's case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the Model Rules, your duty now is to:
a. withdraw from the case
b. remain on the case, but alert the judge to the location of the weapon
c. remain on the case, but require the defendant to inform the police of the weapon's location
d. remain on the case and keep the location of the weapon confidential
Q:
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:a. leading the witnessb. a Brady motionc. the halo effectd. a conflict of interest
Q:
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:
a. demonstrate the witness' knowledge, skill, and training that qualify him as an expert in his field
b. show that the expert witness personally supervised the collection of the fingerprints at the scene
c. certify that the witness is not being paid or compensated in any way for his testimony
d. obtain the defense's agreement to allow him to utilize visual aids as part of his testimony
Q:
As you review the evidence you intend to present, you notice that the crime lab was unable to identify two fingerprints found at the crime scene. They were successful in matching several other prints to those of the defendant, and you intend to present this to the jury. Which of the following statements is true, regarding the inconclusive fingerprints?
a. They are irrelevant to the case and can be disregarded
b. According to the Brady rule, you are required to provide the inconclusive report to the defense
c. According to the Brady rule you must provide the information to the defense but only if they formally request it
d. Because there were inconclusive fingerprints, you are not permitted to call the examiner as an expert witness to testify about the prints that were successfully matched
Q:
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?
a. It is common for attorneys to contribute to the campaigns of judges in whose courts they practice
b. It is illegal for the defense attorney to actually make such a donation
c. While it is technically legal, it is rare for a judge to accept a campaign donation from an attorney who practices in his court
d. The defendant must approve, on the record, any such donation
Q:
The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have:a. upheld their legalityb. denied the use of the guidelines only when based on evidence not proven in courtc. required the prosecutor to not use enhanced sentence provisionsd. ruled that judges must have the ability to use some discretion in sentencing
Q:
Which of the following is NOT a valid reason for an attorney to withdraw from a case?
a. if the legal action is for harassment or malicious purposes
b. if continued employment will result in violation of a disciplinary rule
c. if the attorney's schedule makes it difficult to attend to the details of the case
d. if discharged by the client
Q:
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
Q:
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
Q:
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
Q:
The motions demanding the prosecutor reveal exculpatory information are called?
a. Brady motions
b. Exculpatory motions
c. Garrow motions
d. MRE's
Q:
_____________________ 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
Q:
The halo effect refers to:
a. the phenomenon in which a defendant is seen as innocent and nave
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
Q:
According to the _________________ standard, evidence must be from a reliable scientific methodology.
a. Nix
b. Massey
c. Daubert
d. Brady
Q:
The ethical concern regarding expert witnesses is about whether they are really:
a. Paid
b. Expensive
c. Recognizable
d. Qualified
Q:
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
Q:
Which of the following statements about plea bargaining is correct?
a. plea bargaining generally is not accompanied by ethical concerns
b. plea bargains must be formally requested by the defense
c. plea bargaining occurs in the vast majority of criminal cases
d. plea bargaining is the prerogative of the trial judge
Q:
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
Q:
According to the text, which of the following is true, regarding the exclusionary rule?
a. The exclusionary rule has been effective in reforming police behavior
b. Police officers are generally not very well educated about the rule
c. The rule only applies to cases in those states that have enacted the rule
d. Evidence seized without a warrant but in the interest of public safety is not excluded by the rule
Q:
Which of the following is not a motivation for prosecutors to offer a plea bargain?
a. The victim's wishes
b. The strength or weakness of the evidence
c. The fact that prosecutors are paid more when they take a case through trial
d. Public interest in the case
Q:
Which ethical system would limit a defense attorney's actions to only those allowed by a strict adherence to the Model Rules?
a. Utilitarianism
b. Ethical formalism
c. Egoism
d. Ethics of care
Q:
Which of the following is not a component of due process?
a. Guaranteed appeals
b. The opportunity to present evidence and witnesses
c. The ability to cross-examine witnesses
d. Notice of charges
Q:
A Harvard study that examined the performance of private attorneys who are appointed to represent indigent clients in federal cases concluded:
a. they performed far better than full-time public defenders
b. they billed the government for more services than they actually provided
c. they treated their clients with disrespect
d. they achieved worse results than full-time public defenders
Q:
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
Q:
Aronson discusses two methods for resolving ethical dilemmas:
a. the rational model and the legal model
b. the bureaucratic model and the popular model
c. the general model and the narrow
d. the situation model and the systems model
Q:
In the __________________ model lawyers weigh the priorities and decide each case on the specific factors present.
a. situational
b. systems
c. rational
d. bureaucratic
Q:
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
Q:
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
Q:
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
Q:
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 attorney is served with a formal request for information from the media
Q:
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
Q:
A shadow jury is a:
a. panel of people selected by the press that observes the trial and provides feedback to the press
b. panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney
c. panel of people selected by the prosecutor that observes the trial and provides feedback to the prosecutor
d. panel of people selected by the judge that observes the trial and provides feedback to the judge
Q:
Which of the following statements regarding lawyers' 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
Q:
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
Q:
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
Q:
Durkheim's concept of collective conscience is referred to as ______________________.
Q:
A _______________ refers to the process of organizing knowledge; a way of seeing the world.
Q:
The term ________________________ refers to the justification for law that allows for protection and enforcement of societal morals.
Q:
_________________________ refers to laws that protect individuals from hurting themselves.
Q:
The Supreme Court has held that defendants do not have a constitutional right to post-conviction DNA testing.
Q:
Prosecutors are required to pursue a conviction above all other goals.
Q:
More than half of the Presidents of the United States have been lawyers.
Q:
The pluralist paradigm says the definition of crime may change, depending on which interest groups are in power.
Q:
The conflict paradigm states that law is NOT value-neutral; it is bent toward the interests of the powerful.
Q:
Lawyers who perceive themselves as moral agents may refuse to pursue a client's wish to pursue a particular legal tactic if they didn"t believe in it.
Q:
Lawyers who perceive themselves as legal agents would break rules for their clients.
Q:
The idea that people agree on how serious punishments should be supports the pluralist paradigm of law.
Q:
Organic solidarity has to do with the idea that everyone is similar.
Q:
Durkheim's concept of mechanical solidarity is the idea that we are all different parts that make up a whole.
Q:
Pornography must be considered harmful to individuals in order for legal moralism to be a valid justification for laws against it.
Q:
Legal paternalism is consistent with the ethical system of ethics of care.
Q:
Natural law refers to man-made law.
Q:
Jeremy Bentham and Cesare Beccaria were adherents of the conflict paradigm.
Q:
Law can be seen as a tool of behavior change.
Q:
Opponents to your bill would cite John Stuart Mill, and would say that your proposed law would violate the:
a. harm principle
b. noble cause
c. natural law
d. conflict paradigm
Q:
You try to convince opponents to support your proposed law by pointing out that injuries from car accidents are costly to society, especially when victims' insurance does not cover the medical care they require. Sometimes it is the job of government and the law to do what is best for the overall society, even if it might mean inconveniencing some individuals. Your description is an example of:
a. ethical formalism
b. utilitarianism
c. legal moralism
d. legal paternalism
Q:
You try to convince opponents to support your proposed law by pointing out that sometimes it is the job of government and the law to do what is best for people, even if they may not want to do it for themselves. Your description is an example of:
a. ethical formalism
b. utilitarianism
c. legal moralism
d. legal paternalism
Q:
Your client tells you that there really was a weapon, and that the police missed it at the crime scene. According to the ABA's Model Rules of Professional Conduct, your duty is to:a. report the information to the prosecutionb. call your defendant to the witness stand and let him decide for himself whether he will reveal the fact that there was a weaponc. maintain the confidentiality of your communications with your clientd. the Model Rules do not address this situation
Q:
Your client tells you that he has a friend that you can call as a witness. Even though this friend was not actually present at the incident, he is willing to claim that he saw the altercation and will testify that the defendant acted in self-defense, and without a weapon. You refuse to call a witness that you know will not tell the truth. This action would indicate your view that you are serving as your client's:
a. legal agent
b. moral agent
c. confidant
d. paternal guide