Ethics Ch.9 Quiz & EC

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. Nix v. New Jersey C. Brown v. Mississippi D. Brady v. Maryland

Brady v. Maryland

The ethical concern regarding expert witnesses is about whether they are really: A. Qualified B. Recognizable C. Paid D. Expensive

Qualified

A legal tool used to confiscate property and money associated with organized criminal activity is called: A. embezzlement B. asset forfeiture C. wealth audit D. asset seizure

asset forfeiture

The inability of authorities to compel an attorney to disclose confidential information regarding his or her client is called: A. anti-incriminatory privilege B. theological privilege C. attorney-client privilege D. fiduciary privilege

attorney-client privilege

EC- 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. certify that the witness is not being paid or compensated in any way for his testimony C. show that the expert witness personally supervised the collection of the fingerprints at the scene D. obtain the defense's agreement to allow him to utilize visual aids as part of his testimony

demonstrate the witness' knowledge, skill, and training that qualify him as an expert in his field

EC- The case you were preparing for (Extra Credit Question 3) is still moving forward. At this point, the police have located the weapon, which the defendant had hidden in the wood pile. 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. change of venue B. statute of limitations C. exclusionary rule D. Brady rule

exclusionary rule

Which factor would be unethical for a prosecutor to consider in making charging decisions? A. the quality of evidence B. the severity of the crime C. the ability to obtain a conviction D. income of the victim

income of the victim

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

judiciary discretion

Which of the following statements about plea bargaining is correct? A. plea bargaining is the prerogative of the trial judge B. plea bargaining occurs in the vast majority of criminal cases C. plea bargains must be formally requested by the defense D. plea bargaining generally is not accompanied by ethical concerns

plea bargaining occurs in the vast majority of criminal cases

EC- 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: A. withdraw from the case B. remain on the case and keep the location of the weapon confidential C. remain on the case, but alert the judge to the location of the weapon D. remain on the case, but require the defendant to inform the police of the weapon's location

remain on the case and keep the location of the weapon confidential

What are the two major areas of judicial discretion? A. interpretation of law and jury instruction B. interpretation of law and jury selection C. sentencing and jury selection D. sentencing and interpretation of law

sentencing and interpretation of law

In the __________________ model lawyers weigh the priorities and decide each case on the specific factors present. A. rational B. systems C. situational D. bureaucratic

situational

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. systems B. rational C. situational D. bureaucratic

systems

Which of the following is not a motivation for prosecutors to offer a plea bargain? A. the strength or weaknesses of the evidence B. the victims wishes C. the fact that prosecutors are paid more when they take a case through trial D. Public interest in the case

the fact that prosecutors are paid more when they take a case through trial

EC- 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. a Brady motion B. leading the witness C. the halo effect D. a conflict of interest

the halo effect

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 make a false statement of law or fact. C. The lawyer may not knowingly advance unwarranted claims or defenses. D. The lawyer may not directly communicate with opposing attorneys

the lawyer may not directly communicate with the opposing attorneys

The halo effect refers to: A. the phenomenon in which the defense attorney is given deference even when he is clearly stretching the truth B. the phenomenon in which the witness is a member of the clergy C. the phenomenon in which a defendant is seen as innocent and naïve D. the phenomenon in which a person with expertise or status in one area is given deference in all areas

the phenomenon in which a person with expertise or status in one area is given deference in all areas

A Harvard study that examined the performance of private attorneys who are appointed to represent indigent clients in federal cases concluded: A. they achieved worse results 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 performed far better than full-time public defenders

they achieved worse results than full-time public defenders

The only situations wherein a lawyer can ethically reveal confidences of a client include all of the following except: A. when the attorney is served with a formal request for information from the media B. when disclosure is required by law or court order C. when the client consents D. when one needs to defend oneself or employees against an accusation of wrongful conduct

when the attorney is served with a formal request for information from the media