same 1 Flashcards
(21 cards)
What is the main ethical dilemma faced by actors in the criminal justice legal profession?
There are potential ethical dilemmas due to the tremendous discretion these actors have, which can lead to poor ethical decision-making.
What percentage of indigent defendants are represented by government-funded defense counsel?
80% of indigent defendants are represented by government-funded defense counsel.
What is ‘motivated reasoning’ in the context of defense attorneys?
‘Motivated reasoning’ refers to the concept that defense attorneys may prioritize ‘winnable’ cases due to large caseloads, believing they are providing the best defense for all clients.
What is the primary responsibility of defense attorneys?
Their job is to ensure that all clients receive due process and to offer a zealous defense, even if many clients are guilty.
What are the conditions under which a defense attorney can withdraw from a case?
A defense attorney can withdraw if: 1) The legal action is for harassment or malicious purposes; 2) Continued employment violates a disciplinary rule; 3) Discharged by the client; 4) Mental or physical ailment renders effective counsel impossible; 5) Judges may grant withdrawal if the client insists on illegal actions.
What does ABA Rule 4-1.7(b) state regarding conflicts of interest for defense counsel?
Defense counsel should not allow their professional judgment to be adversely affected by loyalties or obligations to other clients or personal interests.
What is the expectation regarding zealous defense by attorneys?
Defense attorneys should act zealously within the bounds of the law, avoiding actions that intentionally harm others or advance unwarranted claims.
What is attorney-client privilege?
Attorney-client privilege is the inability of authorities to compel an attorney to disclose confidential information regarding their client.
What are the exceptions to the confidentiality rule under Model Rule 1.6?
Confidentiality can be breached when: 1) The client consents; 2) Required by law or court order; 3) To prevent reasonably certain death or substantial bodily harm; 4) To prevent the client from committing a crime or fraud.
What does Model Rule 3.3 state regarding perjury?
Model Rule 3.3 forbids a lawyer from allowing perjury to take place and requires them not to use testimony they know to be false.
What is the primary duty of a prosecutor?
The primary duty of a prosecutor is to seek justice, not just a conviction.
What did the Berger v. US (1935) case establish regarding prosecutors?
The case established that winning is not everything; the prosecutor’s primary duty is to ensure justice is done.
What are some factors that influence a prosecutor’s decision to seek charges?
Factors include the strength of the case, doubt about the accused’s guilt, extent of harm caused, and public welfare impact.
What is the ‘Brady motion’?
‘Brady motions’ refer to the requirement for prosecutors to turn over exculpatory evidence that could affect the jury’s decision.
What ethical issues can arise from plea bargaining?
Ethical concerns include overcharging, misleading defense attorneys, and making false promises.
What is the Daubert standard?
The Daubert standard requires a judge to determine if expert testimony is reliable and applicable to the facts at hand.
What ethical issues can arise with jailhouse informants?
Prosecutors may reward jailhouse informants for testimony, which can lead to ethical concerns about the reliability of such evidence.
What is the role of judges in the legal profession?
Judges must be impartial, knowledgeable, and authoritative, making decisions that can significantly impact people’s lives.
What is recusal in the context of judges?
Recusal is when a judge excuses themselves from a case due to potential bias or conflicts of interest.
What is the exclusionary rule?
The exclusionary rule prevents convictions based on tainted evidence, ensuring accountability for police and prosecutors.
What are sentencing guidelines?
Sentencing guidelines are established to reduce disparity in sentencing and ensure fair treatment across similar cases.
