LAW Exam questions

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LAW Exam

Explain the condentiality rules of defense attorneys and explain some situations where

they may be able to disclose condential information

List and discuss the four types of oce policy that inuence prosecutors’ decision

making according to discussion by Jacoby, Mellon, and Smith

Describe and discuss the major ethical issues for judges as presented in your text

Discuss the various forms of forensic testimony and why they have been criticized

Where do rules of behavior for attorneys come from, and how are they enforced?

A defense attorney, similair to any other type of law yer, has a legal and ethicla oblibation, to keep

the communications they have w ith their client private. The confidentality rules of the defense attorney

is simple. Law yers cannot reveal or disclose the confidence of their client w ithout first getting

their permission. The only w ay a law yer could or should reveal the confidence of their client is if they

w ere going to harm themselves or someone else. If a client revelas he has intentions of killing his w ife,

the defense attorney has a legla obligation to call the police.

system sufficency, defendant rehabiliation, and trial sufficency. Legal sufficency is a type of office

policy w here the prosecutor finds if there is enough legal evidence to charge they should charge the

criminal defendant. System sufficency refers to getting cases through the system as quickly and

efficiently as possible w hile defendant rehabiliaton is the approach w here the goal is to change the

criminal behavior through treatment and avoiding the criminal defendant going to court and the

corretional system.

Judges are public officals held to a very high standard by the criminal justice system and the public.

Judges face all types of ethical issues including w ork allocations, relationships w ith members

of the court, application of the law ,and political goals. Determining how many hours to apply

to each case is an ethical concern along w ith avoiding favoritism due to prior relationships w ith members

of the court. How judges apply the law is an ethical concern especially if the judge has a political goals.

Forensic testimony has become essential in the court system in the 21st Century but because forensics

is constanbtly evolving some forensic approaches are not fully accepted by the scientific community.

In the past DNA w as criticized but is now fully accepted but forensic techniques involving bite marks are

highly criticized as w ell as the actual expert testimony from the forensic expert. Juries beleive in forensic

even if the the expert has no experience or the science being introduced is flaw ed.

The rules of behavior for attornies are found in the Model Rules of Professional Conduct created by the

American Bar Association. the American Bar Association is responsible for governing the behavior of

law yers and ensuring they adhere to the rules established. When law yers enage in misconduct or fail to

follow professional standards they risk loosing their right to practice law .

Discuss the number of innocents who may be imprisoned. What are the sources for the

estimates? What are the criticisms of the sources?

Discuss the seemingly contradictory ideal that to ensure the natural rights presented by

natural law theorists there must be both less government involvement and more

government involvement.

Dene punishment and then discuss the major rationales of punishment.

What are Mackie’s three types of retribution? Compare and contrast them

10.

Describe how CO’s have discretion similar to police ocers and court personnel.

11.

List and describe some forms of corruption committed by CO’s.

The most common number discussed concerning the w rongfully convicted is 3 to 5 percent.

According to the Sentencing Project there are currently tens of thousands of innocent people

sitting in jail. Many of the people w rongfully convicted are pressured into plea deals by prosecutors to

avoid the cost of a high trial.

According to natrual law the government has a responsbility to ensure criminals are punsihed but the

government does not have the right to intrude upon the natural rights of the citizen. In other w ords

w hile a government is necessary to ensure orderly conduct but they cannot become oppressive or

inpose their moral judgement.

Punishment is a response to crime to ensure the person committing the crime receives their just

desert. Punishment ensures criminals pay for the crime they commit. this is know n as the

retributive approach. Punishment is the justifiable response to a crime w hich creates a vicim or

causes damage to society. When a person commits a crime punsihment is an eye for an eye. It is

w hat the criminal deserves.

Mackie's three types of retribtuion are negative retribution, postive retribution, and permissive retribution.

Negative retribution refers to not punsihing the innocent w hile postivie retribution is making sure the

guilty are punsihed for the crimes they commit. Postive retribution is most commonly applied in the

criminal justice system. Permissive retribution is finding the criminal may be punsihed or may not be

punished dependant on the crime.

Correctional officers are responsbile for the day to day care of prison ninmates. each day, as w ith the

police officers, new situations arise. In order to ensure the situation is handled adequtely the CO is

given a great deal of latitude. Discretion is the ability to act or having auhority over the decision making

process. Correctional officers have the discretion to punsih criminal inmates are to rew ard good

behavior. They can search cells or rew ard the inmate w ith privelages. Similar to police and court person

this discretion gives the correctional officer the ablity to act.

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LAW Exam 1. Explain the confidentiality rules of defense attorneys and explain some situations where they may be able to disclose confidential information 2. List and discuss the four types of office policy that influence prosecutors' decision making according to discussion by Jacoby, Mellon, and Smith 3. Describe and discuss the major ethical issues for judges as presented in your text 4. Discuss the various forms of forensic testimony and why they have been criticized 5. Where do rules of behavior for attorneys come from, and how are they enforced? 6. Discuss the number of innocents who may be imprisoned. What are the sources for the estimates? What are the criticisms of the sources? 7. Discuss the seemingly contradictory ideal that to ensure the natural rights presented by natural law theorists there must be both less government involvement and more government involvement. 8. Define punishment and then discuss the major rationales of punishment. 9. What are Mackie's three types of retribution? Compare and contrast them 10. Describe how CO's have discretion similar to police officers and court personnel. 11. List and describe some forms of corruption committed by CO's. 12. What are some ways to reduce corruption in the prison environment? 13. Describe the discretion of probation and parole officers and provide examples of ethical and unethical applications of discretion 14. Discuss ethical issues for probation and parole officers and d ...
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