Attorney Defense Attorney's 3

Question 1

During voir dire, what is the key limitation on a defense attorney's use of peremptory challenges under Batson v. Kentucky?

Accepted Answer

Peremptory challenges may not be used to exclude jurors based on race

Answer

Batson prohibits using peremptory challenges to exclude jurors solely on the basis of race.

Question 2

What is the primary ethical obligation of a defense attorney regarding a client who wants to plead guilty to a crime the attorney believes the client did not commit?

Accepted Answer

Advise the client fully of the consequences and ultimately respect the client's autonomous decision

Answer

Defense attorneys must provide complete advice but must ultimately defer to the client's decision on whether to plead guilty.

Question 3

Under Brady v. Maryland, what must the prosecution disclose to the defense?

Accepted Answer

Material evidence favorable to the accused, including impeachment evidence

Answer

Brady requires disclosure of all material exculpatory and impeachment evidence, not just evidence directly proving innocence.

Question 4

When a defense attorney files a motion to suppress, which constitutional amendment is most commonly at issue for physical evidence?

Accepted Answer

Fourth Amendment

Answer

The Fourth Amendment protects against unreasonable searches and seizures, forming the basis for most suppression motions.

Question 5

What does it mean for a defense attorney to invoke the 'public authority' defense?

Accepted Answer

The defendant claims he acted under actual or believed government authorization

Answer

The public authority defense asserts the defendant reasonably believed a government official authorized the otherwise-illegal conduct.

Attorney Practice Test

Attorney Practice Test

Attorney Defense Attorney's 3