ADJ 133 Study Guide 3

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

perjury.

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

utilitarianism.

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

utilitarianism.

Which of the following is cited in the text as being more influential to juries than exculpatory DNA evidence?

False confessions

Which Supreme Court case ruled against federal sentencing guidelines?

Gall v. United States

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

Knowledge of evidence of a murder that has taken place

Which of the following is not a true statement about the pluralism paradigm?

Law is representative of the ruling classes only.

Which of the following is not consistent with the consensus paradigm

Law is representative of the ruling classes only.

Which of the following is not a rule of legal paternalism?

Laws should allow private individuals to make decisions about private matters.

Which of the following is not a criticism of how the Bar handles complaints of ethical violations?

Lawyers can often easily pay a fine to have the charges dismissed without an investigation

Operation Greylord was corruption investigation which took place in

Lucerne County, Pennsylvania.

According to a 2016 Gallup Poll measuring trust, which of the following were rated by those questioned to have the highest standards of honesty and ethics?

Police

_____________ 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.

Recusal

What are the two major areas of judicial discretion?

Sentencing and interpretation of law

Cohen suggests some principles attorneys must follow to be considered moral. Which of the following is not one of these principles?

Share your clients' information with your associates so they can help you make decisions

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. 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 defendants, and you intend to present this to the jury. Which of the following statements is true, regarding the inconclusive fingerprints?

According to the Brady rule, you are required to provide the inconclusive report to the defense.

Which Supreme Court Justice did not recuse himself from Hamdan v. Rumsfeld, despite having said publicly that giving due-process rights to detainees in Guantanamo was "crazy."

Antonin Scalia

Which Supreme Court Justice did not recuse himself from Hamdan v. Rumsfeld, despite having said publicly that giving due-process rights to detainees in Guantanamo was "crazy."

Antonin Scalia.

According to the text, which of the following statements about judicial misconduct is false?

Attorneys often file complaints against judges when misconduct is suspected

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

Brady motions

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

Brady v. Maryland

Which paradigm of law highlights the inequity of a capitalist system?

Conflict paradigm

. ____________________ is the profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings.

Criminalistics

According to the text, which of the following is true, regarding the exclusionary rule?

Evidence seized without a warrant but in the interest of public safety is not excluded by the rule.

Which of the following would be least receptive to the concept of natural rights?

Strict constructionists

The first "conviction integrity unit" was established in which state?

Texas

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. Still convinced your client is innocent, you look for outside help. Where might you go to seek assistance in getting your client a new trial?

The Innocence Project

In Shaffer and Cochran's typology, what type of lawyer engages the client in moral dialogue and tries to convince the client of a moral action and only refuses if the client insists?

The friend

In Shaffer and Cochran's typology, what type of lawyer promotes clients' interests above all others?

The godfather

In Shaffer and Cochran's typology, what type of lawyer controls the client with his own moral compass

The guru

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. 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?

Utilitarianism

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial.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?

Utilitarianism

You are a judge seeking re-election to the county court. The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true?

You are free to appear and speak however you wish.

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?

You may not withdraw from the case simply because it appears you will lose and/or may not be paid.

The Model Code of Judicial Conduct is organized into four canons including all of the following except:

a judge or candidate for judicial shall engage in political or campaign activity that is consistent with his/her personal views

The Innocence Project is:

a loose affiliation of lawyers who identify cases where a prisoner may be innocent.

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

a plea bargain

The conflict paradigm reflects the idea that

a. most people have similar beliefs, values, and goals and that societal laws reflect the majority view.

The approach in which each case is treated as one of many is called:

bureaucratic justice

A shadow jury is a:

panel of people selected by the defense attorney that observes the trial and provides feedback to the attorney.

The Warren Court was known for its

activism.

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

asset forfeiture

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. Despite your client's insistence that he is innocent, you urge him to accept a plea bargain. You are motivated largely by a desire to dispose of the case as quickly and efficiently as possible. Your actions embody the notion of:

bureaucratic justice

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. A month after the conviction, you discover that a DNA sample was found at the crime scene and was never tested. You believe that it might exonerate your client. Unfortunately, the appellate court rejects your petition, citing the case of District Attorney v. Osborne. The decision in this case held that

defendants do not have a constitutional right to DNA testing.

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

defense attorneys

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

demonstrate that the witness utilized reliable scientific methods.

In terms of prosecutorial misconduct, Aronson and McMurtrie discussed the presence of all of the following elements except:

emotional concord.

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. 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

exclusionary rule.

Brady violations relate to:

exculpatory evidence.

According to the text, the most common charge leveled against prosecutors is

failure to disclose evidence

The pluralist paradigm reflects the idea that

groups in society have fundamental differences and that those in power control societal elements, including law.

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

had to adhere to certain guidelines before offering a plea bargain to a client.

Opponents to your bill would cite John Stuart Mill and would say that your proposed law is a bad idea since violators aren't actually harming anyone. Your proposed law would violate Mill's:

harm principle

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

husband and husband.

Interpretationists argue that the Constitution:

is meant to be a living document that evolves with the times.

Legal paternalism refers to:

laws that protect individual from hurting themselves.

Legal moralism refers to:

laws that protect societal morals.

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. It occurs to you that the victim will not be able to testify if the trial takes place quickly, due to his injuries. Accordingly, you do not agree to waive your client's "speedy trial" rights. This action would indicate your view that you are serving as your client's:

legal agent.

You are a state legislator and you have sponsored a bill requiring that all passengers in cars must wear seat belts at all times, even in a rear seat. Opponents feel that this proposed law is over-reaching and is too restrictive of personal freedom. 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:

legal paternalism

You are an attorney, and the local court has appointed you to represent a defendant who has been charged with aggravated assault and battery. The prosecutor originally intended to charge attempted murder. The victim suffered serious injury, and the police suspected that a weapon of some type was used, but never was able to find one. The defendant has maintained that there was no weapon. 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:

moral agent.

The consensus paradigm reflects the idea that

most people have similar beliefs, values, and goals and that societal laws reflect the majority view.

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. The witness who the prosecution called to testify about supposedly overhearing your client pray is an example of a jailhouse informant. The prosecutor had doubts about the veracity of this testimony, especially considering that the witness demanded that his own charge be dropped in return for his testimony. The prosecutor decided to present the witness anyway, figuring that it might not be totally proper, but that since he was convinced your client was guilty, it was ok to bend the rules in order to secure the conviction. This is an example of:

noble-cause corruption

Natural rights refer to the concept that

one has certain rights just by virtue of being born.

You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground. Initially, you charged the defendant with attempted murder, since there was reason to believe the barn might have been occupied at the time. In reality, you knew that you would not be able to prove this charge in court. You thought that adding this serious charge might lead the defendant to plead guilty to the arson charge if you agreed to drop the attempted murder charge. This arrangement would be a:

plea bargain.

Barry Scheck of the Innocence Project asserts that many of the Brady violations occurring in prosecutors' offices are due to:

prosecutors being overworked and careless.

You are a judge seeking re-election to the county court. You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance of bias, your duty would be to:

recuse yourself from the case.

The ethical concern regarding expert witnesses is about whether they are really

reliable

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. 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:

remain on the case, but require the defendant to inform the police of the weapon's location.

The Federal Sentencing Guidelines have been the subject of recent Supreme Court rulings, which have:

ruled that judges must have the ability to use some discretion in sentencing.

Obergefell v. Hodges held that

same-sex marriage must be recognized by all states.

Only recognizing evidence to fit one's theory is the definition of:

selective information processing.

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted. You attempted to convince the jury that the presence of the fingerprints did not mean anything—it was his bat, after all, and he had used it in a softball game recently. You argued that the detectives investigating the murder suspected your client right away because he was the victim's ex-boyfriend, and accordingly, they automatically interpreted any evidence in a way that agreed with their suspicion. This is an example of:

selective information processing.

The procedure for presenting a single suspect to an eyewitness for identification is known as a:

show-up.

In District Attorney v. Osborne, the Supreme Court ruled

that defendants had no constitutional right to DNA evidence

Garcetti v. Ceballos was a Supreme Court decision which dealt with:

the First Amendment rights of public servants.

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country's laws. Instead of the above scenario, the new leadership re-writes the rules so that the ethnic minorities in the country no longer have the right to vote. They also remove any restrictions against discriminatory practices, which will allow employers and landlords to refuse jobs and housing to members of minorities. This scenario describes:

the conflict paradigm

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country's laws. Instead of the above scenarios, the new government institutes a policy that allows all adult citizens to vote for representatives who will make new laws and serve in government. This describes:

the consensus paradigm.

Attorney-client privilege may ethically be revoked if

the defense attorney wants to prevent her client from injuring someone

Natural law refers to:

the idea that principles of morals and rights are inherent in nature

An approach to the Constitution that uses a looser reading of the document is called

the interpretationist philosophy.

The dictator of a small country has been removed and a new government is forming. Among the first task for the new country is the creation of the country's laws. The country's main industries are tourism and petroleum. A group representing the hospitality industry is participating in the law review process, as are groups representing the oil companies and military. The result of the process is that new laws allow the country's hotels to add casinos (but only to be patronized by foreign visitors). Other new laws remove workplace restrictions for the oil companies and impose a requirement for all able-bodies males to serve in the military for two years. This scenario describes:

the pluralist paradigm

The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as:

the strict constructionist philosophy.

There are two basic philosophies regarding how to apply constitutional principles:

the strict constructionists and the interpretationists.

According to the conflict paradigm:

those who control major social institutions determine how crime is defined.

The model of justice in which the largest portion of criminal cases forms the bottom layers and the few serious cases form the top layer is called:

wedding-cake illustration justice.

Confirmatory bias refers to:

when a specific suspect has been fixated upon and investigators ignore other possibilities.

Brady violations refer to:

withholding exculpatory evidence

The consensus paradigm is most closely related with:

Émile Durkheim