Ethical Dilemmas and Decisions in Criminal Justice, 7th ed. Chapter 8-10 Exam
Under what circumstances may an attorney reveal client secretes?
When a client consents. When disclosure is required by law or court order. When one needs to defend oneself or employees against an accusation of wrongful conduct. To prevent reasonable certain death or substantial bodily harm. To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and the lawyer's services have been used to accomplish that end. To prevent, mitigate, or rectify substantial injury to the financial interest or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud when the lawyer's services have been used.
Can an attorney knowingly allow a client to perjure themselves on the stand?
No.. An attorney knowingly can not allow a client to perjure themselves on the stand.
Where does the loyalty of both defense and prosecuting attorney lie?
The court and their client.
What were the intellectual virtues according to Aristotle? What were the moral virtues according to Aristotle?
Intellectual-understanding, science, theoretical wisdom (philosophy), craft, and practical wisdom.
Moral-temperance, courage, industriousness, generosity, pride, good temper, truthfulness, friendliness, modesty, justice, and pleasantness.
What ethical difficulties are there in prosecutors using forfeiture laws?
Obtaining cash, boats, houses, and other properys.
Can a prosecutor lie in the course of making plea agreements?
No. A prosecutor can not knowingly lie in a plea agreement.
What facts should not be disclosed to the media?
The character, credibility, reputation, or criminal record of a party, suspect, or witness. The identity of a witness. The expected testimony of a party or witness. The performance or results of any test or examination. The refusal of any party to submit to such tests or examinations. The identity or nature of physical evidence. Inadmissible information. The possibility of a guilty plea. The existence or contents of a confession or an admission. The defendant's refusal to make a statement. An opinion about the guilty or innocent of the defendant or suspect. A statement that the defendant has been charged with a crime unless it is in the context that a charge does not mean the party is guilty.
What is the standard used to measure whether certain scientific evidence can come in? What is the name of the case that contains this standard?
When it is based on sound scientific evidence. The Daubert standard.
What is the legal basis for the exclusionary rule?
When evidence has been obtained has been obtained illegally, it must be excluded from use at trial.
What are some of the problems with scientific evidence?
Hair Analysis, Arson Investigation, Ballistic Testing, DNA Testing, Fingerprint Analysis, Bite Mark Comparison, Scent Identification.
What are the primary duties of a defense attorney?
Responsibility to the client, Conflict of Interest, Zealous Defense, Confidentiality.
What are the primary duties of a prosecuting attorney?
Use of Discretion, Conflict of Interest, Plea Bargaining, Media Relations, Expert Witnesses, Zealous Prosecution.
How are decisions to charge an individual in a capital case ordinarily made?
Discression, Justice, and Pressure from the Law
Under what circumstances may an attorney withdraw from a case?
IF the legal action is for harassment or malicious purposes. If continued employment will result in violation of a disciplinary rule. If discharged by a client. If a mental or physical condition renders effective counsel impossible.
Lawyers should represent clients zealously but there are limits. What are the list of items a lawyer should not do?
Engage in motions or actions to intentionally and maliciously harm others. Knowingly advance unwarranted claims or defenses. Conceal or fail to disclose that which he or she is required by law to reveal. Knowingly use perjured testimony or false evidence. Knowingly make a false statement of law or fact. Participate in the creation or preservation of evidence when he or she knows or it is obvious that the evidence is false. Counsel the client in conduct that is illegal. Engage in other illegal conduct.
Who are supreme court justices and which presidents appointed them?
Roberts(Bush II), Alito (Bush II), Thomas (Bush I), Scalina (Regan)---RATS
What are two of the most common reasons given for false convictions?
Eyewitness testimony and ineffective assistance of counsel.
What are examples of ineffectiveness of counsel?
Attorneys' use of heroin and cocaine during trial. Attorneys' letting the defendant wear the same clothes described by the victim. Attorneys' admitting that they didn't know the law or facts of the case. Attorneys' not being able to name a single death penalty case holding. Attorneys' drinking heavily each day of the trial and being arrested for a 0.27 blood alcohol level.
Give the 4 examples of prosecutorial misconduct listed by Kirchmeier?
Withholding exculpatory evidence, misusing pretrial publicity, using peremptory challenges to exclude race specific discrimination in jury selection, using false evidence in court.
A study conducted by Columbia Law School found that 68% of all death verdicts handed down between 1973 and 1995 were reversed because of serious errors. Between 1993 and 2002, 90 death row inmates were exonerated of their crime. What were some reasons for false convictions according to Schehr and Sears?
Mistaken eyewitness testimony, perjury by informants, police and prosecutorial misconduct, false confessions, "Junk Science", ineffective assistance of counsel,, racial bias, confirmatory bias.
What is the Brady Motion?
Motion for discovery, sharing evidence with both sides.
What is Batson v. Kentucky?
Was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment.
What is ineffective assistance of counsel?
counsel that proves he or she is unfit to work a case.
What is Confirmatory bias?
Fixating on the perceived notion that someone is guilty without the possibility of another.
What is strict constructionists?
The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source
What is interpretationists?
An approach to the constitution that uses a looser reading of the document and reads into it rights that the framers might have recognized or that should be recognized as a result of "evolving standards"
What is Natural rights/fundamental liberties?
The concept that one has certain rights just by virtue of being born and these rights are not created by humans although they can be ignored.
What is the innocence project?
An organization staffed by lawyers and law students who reexamined cases and provided legal assistance to convicts when there is a probability that serious errors occured in their prosecution
What is Ex Parte?
Conducted for the benefit of only one party
What is the difference between civil and criminal law?
Civil law: Administration of Communtative Justice
Criminal Law: Administration of Corrective Justice
What is Good Samaritan Laws?
Legislation that prohibits passing by an accident scene or witnessing a crime without rendering assistance.
What is the social contract and who is known for this theory?
The concept developed by Hobbes, Rousseau, and Locke in which the state of nature is a "war of all against all" and, thus, individuals give up their liberty to aggress against others in return for safety. The contract is between society, which promises protection, and the individual who promises to abide by laws.
What is the harm principle?
Proposed by John Stuart Mill which basically is the idea that every individual should have the utmost freedom over their own actions unless they harm others.
What are legal paternalism and libertarianism and what are the differences?
Legal paternalism: Refers to laws that protect individuals from hurting themselves.
Libertarian View: Government has no business interfering in a person's decisions about these behaviors as long as they don't negatively affect others.
What is legal moralism?
A justification for law that allows for protection and enforcement of societal morals.
Know the 3 paradigms of law and be able to give examples.
Consensus paradigm: The idea that most people have similar beliefs, values, and goals and that societal laws reflect the majority view.
Conflict paradigm: The idea that groups in society have fundamental differences and that those in power control societal elements, including law.
Pluralist paradigm: The concept that there are many guops in society and that they form allegiances and coalitions in a dynamic exchange of power.
What are the 4 major canons of laws that govern judges?
1. A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
2. A judge shall perform the duties of judicial office impartially, competently, and diligently.
3. A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
4. A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.
Know the 8 principles Cohen suggests for attorneys to be considered moral.
1. Treat others as ends in themselves and not as mere means to winning cases.
2. Treat clients and other professional relations who are relatively similar in a similar fashion.
3. Do not deliberately engage in behavior that is apt to deceive the court as to the truth.
4. Be willing, if necessary, to make reasonable personal sacrifices of time, money, popularity, and so on for what you justifiably believe to be a morally good cause.
5. Do not give money to, or accept money from, clients for wrongful purposes or in wrongful amounts.
6. Avoid harming others in the process of representing your client.
7. Be loyal to your clients, and do not betray their confidences.
8. Make your own moral decisions to the best of your ability, and act consistently upon them.
Can states make laws prohibiting judges from making speeches?
In Minnesota v. White, the Supreme Court held that Minnesota's rule prohibiting judges from making speeches violated the First Amendment.
What is Bureaucratic Justice?
The approach in which each case is treated as one of many; the actors merely follow the rules and walk through the steps, and the goal is efficiency.
What is Mechanical Solidarity?
Durkheim's concept of societal solidarity as arising from similarities among society's members.
What is Organic solidarity?
Durkheim's concept of societal solidarity as arising from differences among people, as exemplified by the division of labor.
What is Repressive law?
Durkheim's view that law controls behavior that is different from the norm (related to mechanical solidarity).
What is Restitutive law?
Durkheim's view that law resolves conflicts between equals, as in commutative justice (related to organic solidarity).
What is Wedding-cake illustration?
The model of justice in which the largest portion of criminal cases forms the bottom layers of the cake and the few 'serious" cases form the top layer; the bottom-layer cases get minimal due process.
What is Pro bono?
What is Pro Se
What is Pro Per?
it refers to someone who chooses to act as his or her own legal counsel in a lawsuit, despite not being a lawyer.
What is Halo effect?
The phenomenon in which a person with expertise or status in one area is given deference in all areas.
What is Shadow Jury?
A panel of people selected by the defense attorney to represent the actual jury; sits through the trial and provides feedback to the attorney on the evidence presented during the trial.
What is Federal Sentencing guidelines?
Mandated sentences created by Congress for use by judges when imposing sentence (recent Supreme Court decisions have overturned the mandatory nature of the guidelines).
What is Exculpatory evidence?
If the evidence would affect the outcome of the trial.
What is Inevitable discovery?
Exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway.
What is RICO?
The Racketeer Influenced and Corrupt Organizations Act: Was passed as a tool to help combat organized crime.
What is Perjury?
Criminal offense of making false statements under oath
What is Fiduciary?
Involving trust, esp. with regard to the relationship between a trustee and a beneficiary
What is a Plea Bargain?
Exchange of a guilty plea for a reduced charge or sentence.