Criminal Justice Ethics Theory and Practice 4th Edition by Banks – Test Bank

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Sample Questions Posted Below

 

 

 

 

Chapter 5 Test Bank

 

MULTIPLE CHOICE

 

  1. Legal ethics codes were a direct product of: (p. 127)
    1. The emergence of the organized bar*
    2. The dissatisfaction with lawyers
    3. The competition with non-lawyers
    4. The Progressive Era

 

  1. The work lawyers performed during  varied according to location, but criminal law remained a staple along with debt collection. (p. 127)
    1. 1865-1915*
    2. 1870-1922
    3. 1889-1954
    4. 1890-1915

 

  1. In the mid-19th century Wood (1854) argued that the ethical issue of ________________________ led to the corruption and degradation of the legal profession, nevertheless the Supreme Court ruled the practice valid in 1877. (p. 127)
    1. attorney-client privilege
    2. the duty of zealous representation
    3. solicitation
    4. contingent fees*

 

  1. By 1914,  of all state bar associations had adopted the Cannons of Professional Ethics accepted by the ABA. (p. 127)
    1. 10%
    2. 25%
    3. 50%
    4. 75%*

 

  1. Which of the following is an expression that has a multitude of possible meanings and is frequently used to signify rules governing professions? (p. 127)
    1. Personal ethics
    2. Professional ethics*
    3. Primal ethics
    4. Educational ethics

 

  1. In the adversarial system the trial judge: (p. 128)
    1. Is an active participant in presentation of the case
    2. Can control lawyer strategy
    3. Is basically a passive umpire or referee*
    4. Has the final say on ethical issues

 

  1. The principle difference between the adversarial and inquisitorial systems of justice is the: (p. 128)
    1. quality of their judiciary
    2. roles of judges and lawyers*
    3. rules of evidence
    4. procedural safeguards

 

  1. Ethical standards for lawyers are built on the principle of: (p. 128)
    1. neutrality
    2. adversality
    3. discussion
    4. partisanship*

 

  1. The principle of ______________ justifies a lawyer taking a case that might be morally repugnant. (p. 128)
    1. neutrality*
    2. honesty
    3. trust
    4. reliance

 

  1. The primary obligation of the lawyer is to: (p. 128)
    1. See that justice is done
    2. See that the Constitution is always respected
    3. Try to work out a solution that is fair to all parties involved
    4. Vigorously serve the client’s interest within the legal and ethical rules*

 

  1. According to Simon (1994), a lawyers basic job is to: (p. 129)
    1. See that justice is done
    2. Introduce accurate evidence*
    3. See that the Constitution is always respected
    4. Concern themselves with the punishment of their client

 

  1. Conscientious objection: (p. 129)
    1. Argues that law in itself is a public good
    2. Argues that lawyers must represent their clients with zealousness
    3. Argues that there may be circumstances that are so offensive to the lawyer’s sense of morality that the lawyer may decline to represent the client*
    4. Argues that the main focus of the attorney should be to stay neutral in all elements of the case, and represent all clients who come to them

 

  1. The view that lawyers have superior knowledge, skills, and experience and therefore must know what is best is known as the: (p. 129)
    1. Superiority view
    2. Paternalistic view*
    3. Modern view
    4. Historic view

 

  1. According to ABA Model Rule 1.16, this rule: (p. 130)
    1. States that legal representation should not be denied to those who are unable to afford legal services
    2. Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
    3. Allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent*
    4. Even in a serious criminal case, a defendant cannot be forced to be represented by counsel

 

  1. The Supreme Court in the case of Faretta v. California (1975), held that: (p. 130)
    1. States that legal representation should not be denied to those who are unable to afford legal services
    2. Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
    3. Allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent
    4. Even in a serious criminal case, a defendant cannot be forced to be represented by counsel*

 

  1. Which philosopher strongly attacked the notion of confidentiality that protected a lawyer from testifying when client had admitted guilt? (p. 130)
    1. Cesare Beccaria
    2. Jeremy Bentham*
    3. John Rawls
    4. St Thomas Aquinas

 

  1. Lawyer-client confidentially is waived or negated if the client: (p. 131)
    1. Refuses to pay the agreed-upon fee
    2. Is actually guilty of the crime charged
    3. Fires the attorney
    4. Consults the attorney in furtherance of crime or fraud*

 

  1. According to Model Rule 3.3, this rule: (p. 131)
    1. States that legal representation should not be denied to those who are unable to afford legal services
    2. Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
    3. Requires lawyers must take “reasonable remedial measures” when they come to know evidence is false*
    4. Allows a lawyer to withdraw representation if the client insists upon pursuing objectives the lawyer finds repugnant or prudent

 

  1. According to Model Rule 1.6 (b)(1), this rule: (p. 131)
    1. States that legal representation should not be denied to those who are unable to afford legal services
    2. Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
    3. Requires lawyers must take “reasonable remedial measures” when they come to know evidence is false
    4. Allows a lawyer, in certain narrowly defined circumstances, to disclose confidential client information to prevent future harm*

 

  1. Which of the following reasons are not one of the reasons commonly argued in favor of the adversarial system as outlined by Luban (1988): (p. 132)
    1. It is the best way of defending the rights of inmates
    2. The nature of the attorney-client relationship is intrinsically worrisome*
    3. It honors human dignity
    4. It prevents abuse through checks and balances

 

  1. According to Model Rule 1.3: (p. 133)
    1. Legal representation should not be denied to those who are unable to afford legal services
    2. Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
    3. A lawyer is to act with reasonable diligence and promptness when representing a client*
    4. Requires lawyers must take “reasonable remedial measures” when they come to know evidence is false

 

  1. 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: (pp. 133-134)
    1. Is required to withdraw from the case
    2. May withdraw from the case if the judge is informed of this reason
    3. Can continue and require that the prosecution prove the case beyond a reasonable doubt*
    4. Enter a plea of guilty on behalf of the client

 

  1. Which of the following have some said undermines the system of justice? (p. 135)
    1. lawyer negligence
    2. unrestrained zeal*
    3. lawyer incompetence
    4. lawyer posturing

 

  1. 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? (p. 135)
    1. McKissick v. United States*
    2. Dodd v. Florida Bar
    3. Nix v. Whiteside
    4. Nix v. Williams

 

  1. Model Rule 3.3: (p. 135)
    1. Adopts flexibility by allowing a lawyer to not be obliged to accept a client whose character or cause the lawyer regards as repugnant
    2. States that a lawyer is to act with reasonable diligence and promptness when representing a client
    3. Legal representation should not be denied to those who are unable to afford legal services
    4. Lawyers may not assist a client in committing perjury*

 

  1. The contest between prosecution and defense  the rights of the individual to the power of the state. (p. 136)
    1. Counterbalance*
    2. Balance
    3. Interfere with
    4. Ensure

 

  1. Prosecutors act in an adversarial capacity, which requires   (p. 136)
    1. Extraordinary
    2. Zealous*
    3. Representative
    4. Balanced

 

  1. 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: (p. 136)
    1. 3
    2. 13
    3. 1
    4. 2*

 

  1. According to the U.S. Supreme Court and many ethics codes, the primary duty of the criminal prosecutor is to: (p. 136)
    1. Protect the public
    2. See that the guilty are convicted and punished
    3. See that justice is done*
    4. Guarantee that the punishment fits the crime

 

  1. Both due process and ethical rules require that prosecutors: (pp. 137-138)
    1. Reveal evidence to the defense if that evidence tends to negate guilt*
    2. See that the defendant has the best qualified attorney available
    3. Not engage in plea bargaining
    4. Seek the most severe punishment legally authorized

 

  1. Prosecutors have ______________ immunity in so far as their decisions to bring charges. (p. 138)
    1. diverse
    2. limited
    3. absolute*
    4. regulated

 

  1. Prosecutors have wide: (p. 138)
    1. Varieties of cases
    2. Discretion*
    3. Probable cause
    4. Authority

 

  1. The ABA suggests that in deciding whether to bring charges, criteria to be considered should include: (p. 138)
    1. The harm caused by the offense
    2. The possibility of improper motives for a complaint
    3. The reluctance of the victim to testify
    4. All of the above*

 

  1. The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted: (p. 139)
    1. Courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation*
    2. Courts have recognized the need for prosecutors to hide exculpatory evidence in some cases
    3. Commentators recommend that misdemeanor cases revert to a preponderance of the evidence as the burden of proof to speed up the trial process
    4. That in some circumstances, the defense attorney may break privilege when the attorney clearly knows the defendant is guilty

 

  1. Research suggests that offenders who kill  victims are significantly more likely to be charged with a capital crime. (p. 139)
    1. Black
    2. White*
    3. Hispanic
    4. Asian

 

  1. 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? (p. 139)
    1. Brady v. Maryland
    2. United States v. Agurs*
    3. Dodd v. Florida Bar
    4. Nix v. Whiteside

 

  1. In regards to the timing of disclosure of evidence: (p. 139)
    1. Courts are in agreeance as to the timing
    2. Courts are not in agreeance as to the timing*
    3. Courts require a hearing before disclosure can be made
    4. Courts have stated that judges must determine individually when disclosure must occur and that date needs to be set prior to each trial

 

  1. Michael Nifong, the district attorney for Durham County, N.C., was disbarred because: (p. 139)
    1. 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*
    2. He dismissed of all charges against the Duke athletes
    3. The defense attorney for the Duke athletes complained that he was charging a more              serious crime than was warranted by the evidence
    4. He was not disbarred. He was censured by the Ethics Commission and banned from practicing law for 5 years in North Carolina

 

  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. (p. 139)
    1. 25
    2. 37
    3. 45*
    4. 66

 

  1. Plea bargaining occurs in what percentage of all criminal cases? (p. 140)
    1. 25
    2. 62
    3. 78
    4. 95*

 

  1. What process is used by prosecutors where they charge a person with more than one crime with the intention of dropping the most serious charge(s) in hopes the defendant will plead to the lesser charge(s)? (p. 140)
    1. Charging
    2. Overcharging*
    3. Indicting
    4. Filing multiple prosecutorial information documents at the same time

 

  1. Plea bargains benefit the prosecutor in which of the following ways: (p. 140)
    1. They save time
    2. They eliminate expenses of trial
    3. They prevent the system from becoming overloaded
    4. All of the above are benefits*

 

  1. In a study of which state did researchers find that banning plea bargains did not overload the court system? (p. 141)
    1. Alabama
    2. Alaska*
    3. Arizona
    4. Arkansas

 

  1. A major area of prosecutorial misconduct in the form of misleading conduct arises from the prosecutor’s dealings with: (p. 142)
    1. defendants
    2. judges
    3. juries*
    4. defense attorneys

 

  1. Which of the following is an example of prosecutorial misconduct? (p. 143)
    1. The prosecution attempting to intimidate or improperly influence key witnesses.
    2. Prosecutors contacted the employer of a witness who refused to cooperate and caused her to be terminated from that employment.
    3. Prosecutors threatened to issue a grand jury subpoena to the 13-year-old son of one defendant and to force the boy to testify against his father.
    4. All of these*

 

  1. The primary ethical duties of a judge are to: (p. 147)
    1. See that justice is done and that the guilty are punished
    2. Act without bias or prejudice and follow the law*
    3. See that the public interest is protected and integrity of the court upheld
    4. See that the guilty are punished and that the public interest is protected

 

  1. A Code of Judicial Conduct was adopted by the ABA in: (p. 147)
    1. 1960
    2. 1970
    3. 1980
    4. 1990*

 

  1. Which of the following is not one of the arguments against partisan judicial elections? (p. 148)
    1. that nominees are selected based on political grounds instead of merit
    2. that voters have a tendency to be swayed by nonjudicial qualifications
    3. that many qualified candidates seek office because they get to run a political campaign*
    4. that having to seek reelection deters many qualified candidates

 

  1. Which of the following is true about judges: (pp. 148-149)
    1. They must be faithful to the law
    2. Partisan elections can raise questions about influences elected judges may be subject to
    3. They are expected to disqualify themselves in any proceeding in which their impartiality is questioned
    4. All of the above*

 

  1. Which of the following is an ethically permissible, extra-judicial activity for judges? (p. 150)
    1. accepting gift from prosecutor
    2. accepting a loan from another judge
    3. giving a gift to the public defender
    4. having a house warming party*

 

TRUE/FALSE

 

  1. By 1914, three quarters of all state bar associations had adopted the Canons, and in most states complaints about lawyer misconduct were heard by bar association committees followed by a possible appeal to the court. (p. 127)
    1. True*
    2. False

 

  1. Lawyers tend to see their role in securing justice as an important contribution toward establishing an efficient legal system, as supporting law as an institution, and as promoting procedural justice. (p. 128)
    1. True*
    2. False

 

  1. Ethical rules require lawyers to accept any case and client who can pay the fee. (p. 130)
    1. True
    2. False*

 

  1. The general duty of confidentiality is broader than the lawyer-client privilege. (p. 130)
    1. True*
    2. False

 

  1. If a client tells the lawyer that he or she will lie on the witness stand, the ethical rules require that the lawyer do nothing about the situation. (p. 131)
    1. True
    2. False*

 

  1. The legal and ethical rules generally leave prosecutors with little discretion in their jobs. (p. 138)
    1. True
    2. False*

 

  1. Ethical rules prohibit prosecutors from engaging in plea bargaining (pp. 139-140)
    1. True
    2. False*

 

  1. Ethical rules for lawyers are shaped, at least in part, by the adversarial system (p. 128)
    1. True*
    2. False

 

  1. Supporters of the adversary system argue that it is better than the inquisitorial system in protecting the rights of criminal defendants. (p. 132)
    1. True*
    2. False

 

  1. Prosecutors who engage in ethical misconduct are frequently discipline or punished. (p. 144)
    1. True
    2. False*

 

SHORT ANSWER

 

  1. Briefly define plea bargaining. (pp. 139-141)
    1. Reducing charges against a defendant or securing a reduced sentence for a guilty plea

 

  1. Describe the role trust plays in professionalism. (p. 128)
    1. It is an aspect and fundamental characteristic of it because it depends on the superior knowledge of the professional

 

  1. What is the basic legal and ethical obligation of a prosecutor? (pp. 136-138)
    1. A duty to ensure justice is done

 

  1. Prosecutors are often criticized for overcharging.  Briefly define the term “overcharging.” (p. 140)
    1. When a prosecutor charges a defendant with multiple offenses, some of which they know they cannot prove, in order to obtain a plea bargain from the defendant after promise to drop some of the charges

 

  1. Identify the reason(s) Michael Nifong was disbarred. (p. 139)
    1. He failed to disclose evidence

 

  1. Lawyer-client confidentiality is voided or negated if the client consults the attorney in furtherance of _______. (p. 131)
    1. A crime or fraud

 

  1. The judge in the inquisitorial system and the system itself, (in contrast with the adversarial system) are primarily concerned with ________. (p. 128)
    1. Controlling the progress of the case

 

  1. What is frequently used to signify rules governing professionals and professions? (p. 127)
    1. Professional ethics

 

  1. In which system of law do parties and their lawyers play a principle role of gathering evidence and examining witnesses in court, and the court plays a less active role? (p. 132)
    1. Adversarial system

 

  1. Which court case ruled it is a prosecutor’s constitutional duty to make voluntary disclosure of evidence? (p. 139)
    1. Brady v. Maryland

 

ESSAY

 

  1. Define, discuss, compare and contrast the adversarial and inquisitorial systems of justice. (pp. 128, 132)

 

  1. Discuss three arguments in favor of defense attorneys defending clients whom the attorney knows is guilty. (pp. 129-129)

 

  1. Discuss some of the primary duties of the prosecutor. (p. 136)

 

  1. Describe why judges are held to an even higher standard than other lawyers. (pp. 147-148)

 

  1. Describe the arguments for and against partisan election of judges. Which option do you believe provides for more impartiality by the judge? Why? (p. 148)

 

 

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