Chapter 9 Flashcards

1
Q

Judges are typically against a pro se defense because…?

A

the case is likely to be overturned on appeal.

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2
Q

Most cases in the criminal justice system are settled by…?

A

plea bargains.

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3
Q

Drug courts present ethical challenges for who?

A

defense attorneys whose role might appear redundant.

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4
Q

What is a shadow jury?

A

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

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5
Q

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

A

husband and husband.

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6
Q

Attorney-client privilege may ethically be revoked if…?

A

the defense attorney wants to prevent her client from injuring someone.

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7
Q

What is NOT an exception to the confidentiality rule for defense attorneys?

A

Knowledge of evidence of a murder that has taken place.

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8
Q

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

A

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

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9
Q

A defense attorney who strictly adheres to the Model Rules is exhibiting the ethical system known as…?

A

ethical formalism.

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10
Q

According to the text, the WorldCom and Enron cases influenced a change in the Model Rules guidelines regarding…?

A

confidentiality.

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11
Q

The authors of the text state that in the case of Robert Garrow’s attorneys, confidentiality is likely justified by…?

A

utilitarianism.

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12
Q

What is considered NOT a component of due process?

A

Guaranteed appeals.

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13
Q

What is considered NOT a valid reason for an attorney to withdraw from a case?

A

If the attorney’s schedule makes it difficult to attend to the details of the case.

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14
Q

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

A

perjury.

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15
Q

Which factor would be unethical for a prosecutor to consider in making charging decisions?

A

Income of the victim.

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16
Q

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

A

utilitarianism.

17
Q

What is considered NOT a motivation for prosecutors to offer a plea bargain?

A

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

18
Q

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

A

asset forfeiture.

19
Q

What is a true statement about plea bargaining?

A

Plea bargaining occurs in most criminal cases.

20
Q

What Supreme Court case held that the prosecution must disclose deals made with informants?

A

Giglio v. United States