Week 10

Question 1

how should a lawyer interact with a client that is doing something illegal?

Answer 1

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent

Question 2

if a client is discussing doing an illegal act, what CAN the attorney do?

Answer 2

May discuss the legal consequences of any proposed course of conduct with a client

may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law

Question 3

when exercising discretion, what duty of a prosecutor should guide his course of action?

Answer 3

duty to seek justice

social justice ≠ criminal justice

Question 4

is discretion a good thing, bad thing, or both?

Answer 4

both.

discretion allows for prosecutors to be lenient and effectively disagree with laws but is also ripe for abuse

Question 5

TRUE/FALSE

Sentencing guidelines help to ensure that like cases are treated alike

Answer 5

True, but this comes at the expense of discretion (which can be a good or bad thing)

Question 6

how should prosecutors, in carrying out their duty to seek justice, treat defendants?

Answer 6

with fairness and honesty