Attorney Defense Attorney's 2 — Questions and Answers
Question 1: Under the Sixth Amendment, at what stage of criminal proceedings does the right to counsel first attach?
- At the time of arrest
- At the initial appearance before a magistrate
- At the first formal charging document or indictment (Correct answer)
- Only at trial
Correct answer: At the first formal charging document or indictment
The right to counsel attaches at the initiation of formal judicial proceedings, such as an indictment or information.
Question 2: A defense attorney learns during trial that her client plans to commit perjury on the stand. What is the proper course of action?
- Allow the client to testify freely to preserve attorney-client privilege
- Withdraw immediately without explanation
- Attempt to dissuade the client, and if unsuccessful, consider withdrawal or a narrative approach (Correct answer)
- Inform the jury of the client's intent
Correct answer: Attempt to dissuade the client, and if unsuccessful, consider withdrawal or a narrative approach
Model Rules require the attorney to try to dissuade the client, and if unable, take reasonable remedial measures short of direct disclosure.
Question 3: Which doctrine allows a defense attorney to suppress evidence obtained through an illegal search even if that evidence later led to other evidence?
- Plain view doctrine
- Fruit of the poisonous tree doctrine (Correct answer)
- Independent source doctrine
- Good faith exception
Correct answer: Fruit of the poisonous tree doctrine
The fruit of the poisonous tree doctrine excludes evidence derived from an unconstitutional search or seizure.
Question 4: In federal criminal practice, what is the primary purpose of a Rule 11 plea colloquy?
- To allow the prosecutor to present sentencing recommendations
- To ensure the defendant's guilty plea is knowing, voluntary, and factually supported (Correct answer)
- To give the defense attorney a chance to negotiate a better deal
- To formally charge the defendant with additional offenses
Correct answer: To ensure the defendant's guilty plea is knowing, voluntary, and factually supported
Rule 11 requires the court to confirm that the defendant understands the consequences of the plea and is entering it voluntarily.
Question 5: Which of the following best describes the 'reasonable doubt' standard a defense attorney relies on at trial?
- The jury must be 51% certain of guilt
- The jury must find no possible alternative explanation
- The prosecution must prove each element of the crime to a near-certainty
- Doubt based on reason and common sense that leaves the jury firmly convinced of guilt (Correct answer)
Correct answer: Doubt based on reason and common sense that leaves the jury firmly convinced of guilt
Beyond a reasonable doubt means the jury must be firmly convinced of the defendant's guilt, not merely that doubt is possible.
Question 6: What is the Strickland two-part test used to evaluate by a defense attorney's client?
- Whether the prosecution acted in bad faith and whether prejudice resulted
- Whether counsel's performance was deficient and whether that deficiency prejudiced the outcome (Correct answer)
- Whether the defendant knowingly waived counsel and whether plea was voluntary
- Whether the attorney had a conflict of interest and whether the client consented
Correct answer: Whether counsel's performance was deficient and whether that deficiency prejudiced the outcome
Strickland v. Washington requires showing both deficient performance and prejudice to establish ineffective assistance of counsel.
Question 7: A client tells her defense attorney she hid the murder weapon at a specific location. What must the attorney do with this information?
- Immediately disclose the location to law enforcement
- Keep it confidential unless the client consents to disclosure (Correct answer)
- Retrieve the weapon and destroy it
- Withdraw from the case and disclose the location anonymously
Correct answer: Keep it confidential unless the client consents to disclosure
Attorney-client privilege protects past disclosures of completed crimes; the attorney may not disclose without client consent.
Attorney Defense Attorney's 2
Under the Sixth Amendment, at what stage of criminal proceedings does the right to counsel first attach?