Deck 10: Ethical Issues for Criminal Defense Attorneys

Question 1

__________ refers to work done for the public good,typically without financial compensation.

A)Legal aid
B)Pro bono
C)Appointed counsel
D)Work-product

Answer 1

B

Question 2

Appointed counsel are used by the court to handle indigent cases under which of the following circumstances?

A)The region does not have a public defender office or system.
B)Both the public defender and the alternate public defender have conflicts of interest with a particular case.
C)Neither the public defender nor the alternate public defender have the expertise to handle the complexities of a particular case.
D)All of the above

Answer 2

D

Question 3

Which of the following is an example of ineffective assistance to counsel?

A)Failing to present crucial evidence
B)Failing to object to prosecutorial misconduct
C)Client abandonment
D)All of the above

Answer 3

D

Question 4

The defense has a higher evidentiary threshold and must prove innocence beyond a reasonable doubt in order to obtain an acquittal.

Question 5

Which amendment to the U.S.Constitution guarantees criminal defendants the right to legal representation?

A)6^th Amendment
B)14^th Amendment
C)15^th Amendment
D)None of the above

Question 6

The criminal defense attorney is responsible for

A)Shepherding defendants through the legal process
B)Informing the defendants of their rights and protecting them
C)Representing the defendants' will in the courtroom
D)All of the above

Question 7

Which of the following is not a type of criminal defense attorney in the United States?

A)Legal aid
B)Appointed counsel
C)Private defenders
D)Public defenders

Question 8

Which of the following is a form of criminal defense attorney misconduct in the courtroom?

A)Offering false evidence
B)Misstating the evidence
C)Improper arguments to the jury
D)All of the above

Question 9

Criminal defense attorneys serve as advocates for criminal defendants.

Question 10

The presumption of innocence places the burden of proving criminal guilt entirely on the victim.

Question 11

__________ occurs when a person or an agency has competing or incongruent loyalties,because of the need to satisfy multiple roles duties,or obligations.

A)Attorney-client privilege
B)Conflict of interest
C)Reversible error
D)The principle of confidentiality

Question 12

A criminal defense attorney should not,under any circumstances,engage in a sexual relationship with a client.

Question 13

In the criminal justice system,the burden of proof is on the __________.

A)State
B)Defense
C)All of the above
D)None of the above

Question 14

If the client asks the attorney to put him/her on the stand and makes it clear that he/she intends to lie,the attorney has an obligation to prevent it.

Question 15

Ineffective assistance of counsel refers to a trial error that is so harmful to justice that it requires some or all of the elements of a conviction to be overturned;these reversals are submitted for reconsideration by the court,if not retrial.

Question 16

Pre-trial ethical issues include which of the following?

A)Competence and qualifications
B)Reading the case file
C)Resources and caseload
D)All of the above

Question 17

The principle of confidentiality protects the confidentiality of conversations and dealings between lawyers and their clients.

Question 18

Failure to communicate a plea offer is an example of ineffective assistance of counsel.

Question 19

Criminal defendants have a constitutionally guaranteed right to legal representation.

Question 20

Attorneys are permitted,under attorney-client privilege,to instruct clients to hide or destroy evidence.

Question 21

Describe the difference between ineffective assistance of counsel and reversible error.

Question 22

Define the term conflict of interest.Provide three examples of conflicts of interest that criminal defense attorneys may encounter.

Question 23

List and briefly describe the four primary types of criminal defense attorneys in the United States.
• There are four primary types of criminal defense attorneys in the United States:
• Legal aid attorneys-Those who volunteer to represent or assist indigent criminal defendants,usually part of a non-profit organization.
• Public defenders-Attorneys funded by the county,state,or federal government to provide representation to indigent defendants,as required by the U.S.Constitution.
• Appointed counsel-Private defense attorneys appointed by the court to represent indigent defendants,often at a fixed or hourly rate.
• Private attorneys-Attorneys who represent those criminal defendants who can afford to pay for their own attorney and don't qualify as indigent.This involves a contract for a flat fee or an hourly rate.