| 1. |
The duty of the prosecutor is to seek justice, not merely convict. |
True |
False |
| 2. |
The "free narrative" form of defendant testimony has been expressly approved in California by cases dealing with anticipated defendant perjury. |
True |
False |
| 3. |
If a criminal defense attorney anticipates client perjury, filing a motion to withdraw from the case is a foolproof solution to the problem. |
True |
False |
| 4. |
The basic aim of the duty of confidentiality and the corresponding attorney-client privilege is to promote full and open communication between cilent and attorney. |
True |
False |
| 5. |
Whenever a client communicates an intention to commit perjury, the attorney must strongly advise the client against committing perjury. |
True |
False |
| 6. |
A defense attorney's action of advising a client that the attorney would either inform the court if the client committed perjury while testifying at trial or withdraw from representation has been deemed to be in accord with professional standards. |
True |
False |
| 7. |
The ABA Model Rules of Professional Conduct authorizes disclosure by defense counsel of client perjury but does not require such disclosure. |
True |
False |
| 8. |
A defense attorney who comes into possession of physical evidence relevant to a potential criminal case may test it and examine it, even if it destroys the verity of the evidence. |
True |
False |
| 9. |
An attorney can hold contraband on behalf of a client provided the attorney turns it over to the proper authorities within 14 days fo receiving it. |
True |
False |
| 10. |
Although the fact that physical evidence was delivered by the client to the lawyer is protected by the attorney-client privilege, the physical evidence itself is not protected by the privilege. |
True |
False |
| 11. |
An attorney with possession of physical evidence should not return it to the client if he or she has reason to believe the evidence will be destroyed. |
True |
False |
| 12. |
Whenever defense counsel removes or alters evidence, the attorney-client privilege bars testimony regarding the original location or condition of the evidence in question. |
True |
False |
| 13. |
The attorney-client privilege extends to protect observations by counsel made as a consequence of protected communications, assuming those observations did not involve the relocation or altering of evidence. |
True |
False |
| 14. |
Information regarding prior convictions is crucial to an attorney who is competently representing a client and who anticipates consequences for sentencing and potential impeachment. |
True |
False |
| 15. |
As an officer of the court, it is the criminal defense attorney's job to assist the probation department in its investigations. |
True |
False |
| 16. |
The defense attorney's job is to defend the client zealously and competently. |
True |
False |
| 17. |
Assuming no waiver of the privilege against self-incrimination, the client has the right to refuse to answer questions regarding a prior criminal record. |
True |
False |
| 18. |
An attorney must maintain the confidence and preserve the secrets of his of her client, no matter what risks the attorney runs. |
True |
False |