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Exam 9: Discretion and Dilemmas in the Legal Profession

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Question 41

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An exchange of a guilty plea for reduced charge or sentence is called a(n)_____________________.

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Question 42

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___________ from a case is necessary when a judge has a financial interest in the case or has some other perceived bias or relationship that might give the appearance of impropriety.

A) Reassignment
B) Withdrawal
C) Resignation
D) Recusal

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Question 43

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You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. The police have been searching for a weapon but have been unable to find it. This weakens the prosecution's  case. Your client tells you that he was able to hide it in a wood pile in his back yard before being arrested. According to the Model Rules, your duty now is to:

The ethical concern regarding expert witnesses is about whether they are really:

Despite the FBI's long-standing position that __________________ cannot lead to a positive identification match, this technique continues to be used in some jurisdictions. 

Which of the following is not a motivation for prosecutors to offer a plea bargain?

The vast majority of cases in the criminal justice system are settled by:

When an expert witness' opinions are given great weight - even in areas not within his area of expertise - this is known as the ___________________.

One of the clearest examples of judicial discretion is in the application of the ____________________ , which basically states that when the evidence has been obtained improperly, it cannot be used against the defendant at trial.

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

A judge may grant permission to withdraw when the client insists on illegal or unethical actions.

It is difficult for a lawyer to withdraw from representing a client.

Using data to support your response, compare the experience that a defendant will have with a private attorney and the experience that an indigent de fendant will have with a public defender.

If a public defender is not available, the judge can appoint a local private attorney to represent the defendant.

"Public integrity" units prosecute wrongdoing on the part of _____________________.

According to the text, which of the following is true, regarding the exclusionary rule?

Expert testimony is allowed as evidence in trials when it is based on sound scientific method subject to peer review or testing, and the expert has appropriate knowledge, skill, and training. This is known as the _____________ standard.

You are defending a client against a murder charge. You have consulted with your client and are making preparations for the upcoming trial. As the trial date approaches, it occurs to you that there is very little chance of prevailing in court. You do not wish to be associated with a losing case, and it also occurs to you that if your client is convicted you may never be paid. According to the Model Rules, your option is limited to which of the following?

What are the two major areas of judicial discretion?

The only situations wherein a lawyer can ethically reveal confidences of a client include all of the following except: