Defense Attorney's Question and Answers — Questions and Answers
Question 1: Which indigent defense program employs lawyers whose main responsibility it is to represent indigent defendants?
- Coordinator model/program
- The funds available to the defendant
- Cross examination
- Public defender programs (Correct answer)
Correct answer: Public defender programs
Public defender programs are a cornerstone of the indigent defense system, designed to ensure that all defendants, regardless of their financial means, have access to legal representation. These programs employ full-time staff attorneys whose primary responsibility is to represent indigent defendants in criminal cases. This model provides dedicated legal counsel, often with specialized expertise in criminal defense, to uphold the constitutional right to counsel.
Question 2: According to the assigned counsel system, a coordinator selects the lawyer for each case.
- Coordinator model/program (Correct answer)
- The funds available to the defendant
- Public defender programs
- Cross examination
Correct answer: Coordinator model/program
The coordinator model/program is a specific type of assigned counsel system used for indigent defense. In this model, a designated administrator or coordinator is responsible for managing a roster of private attorneys and assigning them to individual cases. This system aims to ensure a more equitable distribution of cases and potentially better oversight compared to ad hoc systems where judges directly appoint counsel.
Question 3: So long as they are competent, a defendant has the right to represent themselves in court. This is known as
- Cross examination
- Pro se (Correct answer)
- ad hoc
- None of the above
Correct answer: Pro se
The right for a defendant to represent themselves in court, provided they are deemed competent to do so, is known as appearing 'pro se.' This right is enshrined in the Sixth Amendment of the U.S. Constitution, as affirmed by the Supreme Court in Faretta v. California. While defendants have the right to self-representation, courts often advise against it due to the complexities of legal proceedings.
Question 4: Questioning a witness that the prosecution has brought for testimony is known as
- The funds available to the defendant
- Cross examination (Correct answer)
- Pro se
- ad hoc
Correct answer: Cross examination
In a legal trial, when one party (e.g., the prosecution) calls a witness to testify, the opposing party (e.g., the defense) has the right to question that witness afterward. This process is known as cross-examination. Its purpose is to test the witness's credibility, challenge their testimony, or elicit additional information that may be favorable to the cross-examining party.
Question 5: SCOTUS determined that it is acceptable for a defense attorney to violate confidentially under the law.
- If the attorney knows defendant is going to give false testimony (Correct answer)
- With any crime in which the defendant is reasonably likely to be imprisoned
- All are ethical dilemmas faced by the attorney
- None of the above
Correct answer: If the attorney knows defendant is going to give false testimony
The Supreme Court (SCOTUS) has addressed the ethical dilemma faced by defense attorneys when a client intends to commit perjury. In Nix v. Whiteside, the Court held that an attorney's duty to prevent false testimony and uphold the integrity of the judicial process outweighs the duty of client confidentiality. Therefore, it is acceptable for an attorney to take steps to prevent a client from testifying falsely, even if it means disclosing the client's intent to the court.
Question 6: This alludes to assigned counsel arrangements in which a defense lawyer is picked by the judge on a case-by-case basis?
- The funds available to the defendant
- ad hoc (Correct answer)
- Pro se
- None of the above
Correct answer: ad hoc
The term 'ad hoc' refers to a type of assigned counsel system where judges appoint private attorneys to represent indigent defendants on a case-by-case basis. This means that a lawyer is selected for a specific case as it arises, rather than being part of a standing public defender office or a coordinated roster. This system can sometimes lead to inconsistencies in attorney selection and workload distribution.
Question 7: What does NOT constitute a possible ethical conundrum for a defense lawyer
- If the attorney knows defendant is going to give false testimony
- With any crime in which the defendant is reasonably likely to be imprisoned
- All are ethical dilemmas faced by the attorney (Correct answer)
- None of the above
Correct answer: All are ethical dilemmas faced by the attorney
Defense lawyers frequently encounter complex ethical dilemmas in their practice. Knowing that a defendant intends to give false testimony is a classic ethical conflict between client confidentiality and the duty of candor to the court. Similarly, representing a client facing serious charges with a high likelihood of imprisonment creates immense pressure and can lead to various ethical challenges. Therefore, the statement that 'All are ethical dilemmas faced by the attorney' correctly encompasses the nature of these challenging situations.
Defense Attorney's Question and Answers
Which indigent defense program employs lawyers whose main responsibility it is to represent indigent defendants?