Deck 10: Ethical Misconduct in the Courts and Responses

Question 1

Confirmatory bias refers to:

A)when a specific suspect has been fixated upon and investigators ignore other possibilities.
B)when it is confirmed that the prosecution is biased against the suspect.
C)when a confirmation of racial bias is pending.
D)none of these describe the concept.

Answer 1

A

Question 2

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

A)cognitive dissonance.
B)belief perseverance.
C)selective information processing.
D)confirmatory bias.

Answer 2

C

Question 3

Cummings used Bandura's moral disentanglement theory to explain:

A)intentional prosecutorial misconduct.
B)intentional judicial misconduct.
C)intentional misconduct of defense attorneys.
D)the presence of confirmatory biases in juries.

Answer 3

A

Question 4

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

A)misusing pretrial publicity.
B)failure to disclose evidence.
C)supporting perjury.
D)using false evidence in court.

Question 5

Brady violations relate to:

A)exculpatory evidence.
B)racial bias in jury selection.
C)improper relationships.
D)suborning perjury.

Question 6

Believing one's original theory of the case despite evidence to the contrary is called:

A)cognitive dissonance.
B)belief perseverance.
C)selective information processing.
D)confirmatory bias.

Question 7

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

A)cognitive dissonance.
B)belief perseverance.
C)selective information processing.
D)emotional concord.

Question 8

Operation Greylord was corruption investigation which took place in:

A)Lucerne County, Pennsylvania.
B)Chicago, Illinois.
C)New York City.
D)Guantanamo, Cuba.

Question 9

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

A)Very few sanctions result from investigations.
B)The investigative bodies are secretive and informal.
C)Lawyers can often easily pay a fine to have the charges dismissed without an investigation.
D)Charges of incompetence are rarely investigated.

Question 10

The Innocence Project is:

A)a loose affiliation of lawyers who identify cases where a prisoner may be innocent.
B)an attempt to educate judges and lawyers about the problems of unfair jury selection practices.
C)a project started in Dallas by county prosecutors in which all felony convictions are reviewed for accuracy.
D)an investigation that targeted corrupt judges.

Question 11

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

A)police officers withholding evidence.
B)poor training.
C)prosecutors deliberately cheating in an effort to win cases.
D)prosecutors being overworked and careless.

Question 12

In which case did the Supreme Court reject the argument that judicial review of eyewitness testimony was necessary?

A)Perry v. New Hampshire
B)Batson v. Kentucky
C)Hamdan v. Rumsfeld
D)Imbler v. Pachtman

Question 13

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

A)show-up.
B)lineup.
C)field identification.
D)photo array.

Question 14

Brady violations refer to:

A)withholding exculpatory evidence.
B)using racial bias in jury selection.
C)having improper relationships with witnesses.
D)suborning perjury.

Question 15

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

A)False confessions
B)Racial bias
C)Confirmatory bias
D)Mistaken eyewitness testimony

Question 16

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

A)Public exposés of judicial misconduct are fairly rare.
B)There is a concern that judges and lawyers play to the camera when these are permitted in court.
C)In general, judges who are primarily concerned with their public image may make biased decisions.
D)Attorneys often file complaints against judges when misconduct is suspected.

Question 17

A study of exonerees found that _______ percent were minorities.

A)20
B)40
C)70
D)90

Question 18

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."

A)Ruth Bader Ginsburg
B)Antonin Scalia.
C)Neil Gorsuch
D)Anthony Kennedy

Question 19

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

A)Interpretationists
B)Strict constructionists
C)Liberals
D)Activists

Question 20

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

A)Utah
B)Florida
C)Arizona
D)Texas

Question 21

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:

A)the strict constructionist philosophy.
B)the interpretationist philosophy.
C)the activists philosophy.
D)the federalist philosophy.

Question 22

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. You have an abundance of physical evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of:

A)exculpatory evidence.
B)confirmatory evidence.
C)inconclusive evidence.
D)optional evidence.

Question 23

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:

A)delay the case until after the election.
B)dismiss the case.
C)recuse yourself from the case.
D)videotape all proceedings for later review, if needed.

Question 24

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

A)convictions must be immediately appealed in order to be considered.
B)the prosecution is not required to share evidence that might point to innocence.
C)DNA evidence is not admissible.
D)defendants do not have a constitutional right to DNA testing.

Question 25

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?

A)The American Bar Association
B)The Innocence Project
C)The prosecutor's conviction-review team
D)The legal assistance team at the prison where your client is incarcerated

Question 26

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?

A)You are free to appear and speak however you wish.
B)Since you are currently a judge, you are not permitted to make political speeches.
C)You may make a speech but it cannot be broadcast.
D)You can make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court.

Question 27

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. According to the Brady decision, what are you obligated to do with the shoeprint information?

A)Brady did not relate to this question.
B)You are required to share the evidence with the defense.
C)You are required to alert the judge.
D)You do not need to provide it to anyone but you may not use it in the trial.

Question 28

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

A)the strict constructionist philosophy.
B)the interpretationist philosophy.
C)the libertarian philosophy.
D)the federalist philosophy.

Question 29

Natural rights refer to the concept that

A)one has certain obligations to nature.
B)one has certain biological requirements.
C)one has certain rights just by virtue of being born.
D)one has no rights, all rights belong to the mother earth.

Question 30

You are  a judge seeking re-election to the county court. The Supreme Court case that decided the issue described in the above question was:

A)Brady v. Maryland .
B)Batson v. Kentucky .
C)Minnesota v. White .
D)District Attorney v. Osborne .

Question 31

The Warren Court was known for its

A)conservatism.
B)constructionism.
C)activism.
D)restrictions of Miranda .

Question 32

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:

A)summary judgment.
B)"harmless error."
C)Brady motion.
D)plea bargain.

Question 33

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

A)the interpretationists and activists.
B)the activists and federalists.
C)the federalists and strict constructionists.
D)the strict constructionists and the interpretationists.

Question 34

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:

A)cognitive dissonance.
B)selective information processing.
C)noble-cause corruption.
D)harmless error.

Question 35

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

A)the due process rights of detainees at Guantanamo.
B)the First Amendment rights of public servants.
C)exculpatory evidence.
D)witness tampering.

Question 36

Interpretationists argue that the Constitution:

A)should be implemented exactly as written.
B)should be abolished altogether.
C)is meant to be a living document that evolves with the times.
D)is meant to only apply to citizens.

Question 37

In District Attorney v. Osborne, the Supreme Court ruled:

A)that defendants had no constitutional right to DNA evidence.
B)the First Amendment does not apply to public servants.
C)the First Amendment may be applied to public servants under subpoena.
D)exculpatory evidence must be shared with the defense.

Question 38

Miranda warnings have been restricted by all of the following except:

A)Samuel Alito.
B)Antonin Scalia.
C)John Roberts.
D)Sonia Sotomayor.

Question 39

Strict constructionists argue that the Constitution:

A)should be implemented exactly as written.
B)should be abolished altogether.
C)is meant to be a living document that evolves with the times.
D)is meant to only apply to citizens.

Question 40

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:

A)cognitive dissonance.
B)selective information processing.
C)noble cause.
D)harmless error.

Question 41

Antonin Scalia was among the foremost defenders of natural law.

Question 42

Prosecutors are completely protected against any liability that might arise as a result of such misconduct as lying on a warrant petition or coercing a confession.

Question 43

It is very common for attorneys to file complaints against judges that the attorneys feel had engaged in misconduct.

Question 44

The Supreme Court has ruled that prosecutors cannot be subject to ___________against them, even in the case of egregious rule breaking.

Question 45

The most common charge leveled against prosecutors are Brady violations.

Question 46

A prosecutor's legal duty is to win a conviction.

Question 47

The Batson v. Kentucky decision prohibited the use of race as a reason for dismissing potential jurors.

Question 48

Some Supreme Court justices have indicated that reducing the ___________ of prosecutors might make them more hesitant to aggressively prosecute certain cases, for fear of being sued or prosecuted themselves.

Question 49

E x parte conversations are a way of avoiding the perception of bias.

Question 50

According to the text, only approximately 1 percent of investigations into attorney misconduct result in disbarment.

Question 51

The Minnesota v. White decision states that judges may not make political speeches since they are supposed to remain completely neutral.

Question 52

A Batson motion requests all evidence that is "likely to lead to a different outcome."

Question 53

Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.

Question 54

It is called confirmatory bias when a judge decides a case ahead of time.

Question 55

Cummings used Bandura's __________ theory to explain intentional prosecutorial misconduct.

Question 56

The ruling in the Batson case prohibits attorneys from using their peremptory challenges to exclude a juror on the basis of ___________.

Question 57

One of the most cited reasons for false convictions is ineffective counsel.

Question 58

Strict constructionists believe that any new rights should be created through the political process.

Question 59

According to the text, the major complaint about defense attorneys is that they do not communicate regularly with clients.

Question 60

The corruption investigation known as Operation Greylord involved the bribery of several judges in __________.

Question 61

A(n)_____________________ would utilize a looser reading of the Constitution and read into it rights that the framers might have recognized or that should be recognized due to "evolving standards."

Question 62

Explain the significance of the Brady v. Maryland and Batson v. Kentucky cases, as they relate to prosecutors' misconduct.

Question 63

Describe the importance of judicial independence, but also explain why judicial oversight is necessary.

Question 64

Where do the Model Rules of ethical behavior for attorneys come from, and how are they enforced?

Question 65

Rights that are basic and not dependent on humans to provide are known as ________________.

Question 66

What are some of the reasons that people distrust the justice system? Are these criticisms valid? Why or why not?

Question 67

Compare and contrast the interpretationist and strict constructionist relationship to freedom.

Question 68

Discuss the concept of "noble¬cause" corruption as it applies to prosecutors. In what specific ways can prosecutors engage in this type of behavior?

Question 69

Even if a prosecutor or judge makes a mistake or acts improperly in a case, an appellate court might decide that it was a(n)____________________; it did not affect the outcome of the case.

Question 70

Compare and contrast racial and confirmatory biases.

Question 71

Even when there is evidence indicating innocence, juries have shown a willingness to convict based on false ____________________.

Question 72

Discuss the number of innocents who may be imprisoned and explain the most common reasons for wrongful convictions.

Question 73

Some locales have either eliminated or dramatically constrained the use of ___________ because of the high probability that they are lying in order to gain some benefit.

Question 74

The _____________________ believes that an individual has no rights unless they are specified in the Constitution or are present in some other legal source.

Question 75

Review the efforts being made to reverse wrongful convictions, including private and government-driven efforts.

Question 76

Describe and discuss the power of false confessions and their relationship to wrongful convictions.

Question 77

____________________ are those freedoms that the framers would have recognized whether or not they were specifically mentioned in the Bill of Rights or Constitution.

Question 78

According to Model Rule 1.1, all attorneys must display an appropriate level of ___________ .

Question 79

The Supreme Court, led by Chief Justice ___________ made several landmark decisions in the 1960s that expanded civil liberties and protections.

Question 80

The term ___________ refers to a situation when a specific suspect has been fixated upon and, therefore, police and prosecutors ignore evidence that refutes their theory.