Question 1

In 2011,the Innocence Project reported that failing to disclose evidence to the defense had contributed to convictions in ______% of the first 100 cases of exoneration revealed by the Project.

Accepted Answer

The question states that the Innocence Project reported that failing to disclose evidence contributed to convictions in a certain percentage of the first 100 cases of exoneration revealed by the project. According to the given answer choices, 45% aligns with this statement and is therefore the correct answer.

Question 2

Research suggests that offenders who kill ______ victims are significantly more likely to be charged with a capital crime.

Accepted Answer

Research has shown that offenders who kill white victims are more likely to be charged with a capital crime than those who kill victims of other races. This has been attributed to various factors such as societal perceptions of the value of white lives and the racial biases of the criminal justice system.

Question 3

Both due process and ethical rules require that prosecutor's ______.

Accepted Answer

Both due process and ethical rules require that prosecutors disclose any evidence that is favorable to the defendant, including evidence that tends to undermine the guilt of the defendant. This is known as the Brady rule, named after the Supreme Court case Brady v. Maryland. Therefore, the best answer is A, which states that prosecutors must reveal evidence to the defense if that evidence tends to negate guilt. The other choices are incorrect: B and D are not required by due process or ethical rules, and C is not prohibited but is generally discouraged as it may lead to unjust outcomes.

Question 4

Which of the following have some said undermines the system of justice?

Accepted Answer

Unrestrained zeal can lead to unethical behavior or actions that prioritize winning over justice, potentially undermining the justice system.

Question 5

The contest between prosecution and defense ______ the rights of the individual to the power of the state.

Accepted Answer

The correct choice is "counterbalance" because it implies that the contest between prosecution and defense acts to offset or equalize the power dynamics between individual rights and state power, maintaining a form of equilibrium.

Question 6

The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted ______.

Accepted Answer

The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted that courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation.

Question 7

The ABA suggests that in deciding whether to bring charges,criteria to be considered should include ______.

Accepted Answer

The ABA suggests that criteria to be considered in deciding whether to bring charges should include all of the options listed, including the harm caused by the offense, the possibility of improper motives for a complaint, and the reluctance of the victim to testify.

Question 8

In which of the following cases did the court rule that a lawyer was entitled to withdraw from a case in which their client admitted perjury and would be subject to disciplinary action only if he continued the case without reporting the matter to the court?

Accepted Answer

The answer of In which of the following cases did...

Question 9

Prosecutors act in an adversarial capacity,which requires ______ advocacy.

Accepted Answer

Prosecutors are expected to act as zealous advocates for the state and present their case in a forceful and passionate manner. "Extraordinary" and "representative" do not accurately capture the nature of a prosecutor's role, and "balanced" suggests a neutral stance which is not appropriate for an adversarial system.

Question 10

A prosecutor who is under a duty to keep the public informed about pending cases has a corresponding duty not to make statements out of court that might prejudice the right to a fair trial is in reference to Model Rule ______.

Accepted Answer

Model Rule 6.2 addresses the responsibilities of a prosecutor in making public statements. It emphasizes the balance between keeping the public informed and avoiding prejudicial comments that could affect the fairness of a trial.

Question 11

According to Model Rule 1.3,______.

Accepted Answer

Model Rule 1.3 states that a lawyer shall act with reasonable diligence and promptness when representing a client. Option A is related to Model Rule 6.1, which encourages lawyers to provide pro bono legal services. Option B is related to Model Rule 1.16, which deals with declining or terminating representation. Option D is related to Model Rule 3.3, which deals with candor toward the tribunal.

Question 12

Prosecutors have almost ______ immunity in so far as their decisions to bring charges.

Accepted Answer

Absolute immunity means that prosecutors cannot be held liable for their decisions to bring charges, even if their decision was based on improper motives or inadequate evidence. This immunity is meant to protect prosecutors from frivolous lawsuits and allows them to exercise their discretion without fear of retribution.

Question 13

According to the U.S.Supreme Court and many ethics codes,the primary duty of the criminal prosecutor is to ______.

Accepted Answer

The primary duty of the criminal prosecutor is to see that justice is done, not simply to secure convictions or punishment of the guilty. A prosecutor must act in the interest of justice, which means ensuring that the rights of the accused are protected and that the evidence is presented fairly. The prosecutor's ultimate goal should be to achieve a just result, whether that means a conviction or an acquittal. This is in line with the ethical standards set by many organizations, including the American Bar Association and the National District Attorneys Association.

Question 14

Model Rule 3.3 ______.

Accepted Answer

Model Rule 3.3 prohibits lawyers from assisting a client in committing perjury, which is the act of lying under oath in a legal proceeding. This rule is important in upholding the integrity of the legal system and ensuring that justice is served.

Question 15

In which court case did the United States Supreme Court rule that exculpatory evidence not made available to the accused could result in denial of the constitutional right to a fair trial?

Accepted Answer

The answer of In which court case did the United...

Question 16

If the lawyer has accepted a criminal case but then finds out that the client is clearly guilty but wants to fight the charges,the lawyer ______.

Accepted Answer

A lawyer's duty is to provide the best defense possible within the bounds of the law, regardless of personal beliefs about the client's guilt. The lawyer can continue to represent the client and require the prosecution to prove its case beyond a reasonable doubt, as this is a fundamental principle of the criminal justice system.

Question 17

Michael Nifong,the district attorney for Durham County,N.C.,was disbarred because ______.

Accepted Answer

Michael Nifong was disbarred because he failed to disclose to the defendants that their DNA samples did not match any of the DNA from unidentified males found on the alleged victim's body and clothing during the investigation of the Duke Lacrosse case. This was a violation of the rules of professional conduct.

Question 18

Prosecutors have wide ______.

Accepted Answer

Prosecutors have broad discretion in deciding whether to bring criminal charges, what charges to bring, which plea bargains to offer, and whether to recommend a particular sentence to the court.

Question 19

In regards to the timing of prosecution's pretrial disclosure of evidence to the defense ______.

Accepted Answer

While there are general guidelines for pretrial disclosure of evidence, such as the Brady rule, there is no precise standard for the timing of disclosure. The courts have not reached a consensus on when exactly the prosecution must disclose evidence to the defense, leading to differing practices and interpretations across jurisdictions.

Question 20

Plea bargaining occurs in what percentage of all criminal cases?

Accepted Answer

Plea bargaining occurs in 95% of all criminal cases. This means that only 5% of criminal cases go to trial, as the majority of cases are resolved through plea bargaining.

Quiz 5: Judges,lawyers,and Ethics