QuickHelper

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    Phoniex
    Jul-2007 - Jun-2012

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Category > Law Posted 20 Sep 2017 My Price 5.00

You are a defense lawyer.

You are a defense lawyer.  Your client is accused of having murdered her boyfriend.  Your client has consistently stated to you that she is not guilty- that she had nothing to do with his death.  Despite her protestations of guilt, it appears that the District Attorney has a good case against your client based on a number of eyewitnesses. Your client maintains that the eyewitnesses are mistaken.  The District Attorney advises you that if your client pleads guilty she will receive only a five year sentence, but if it goes to trial, the District Attorney will be seeking the death penalty.  If your client still maintains her innocence, can you ethically participate in her entering into a regular plea bargain to avoid the harsher potential punishment? [For those of you who may have taken Criminal Procedure and have good memories, disregard what is often called an "Alford Guilty Plea." In this question, we are talking only about regular plea bargains.]

 

A.definitely "yes," because one's obligation is solely to the client, and getting her (or him) the "best deal."

B.no, because you have an obligation to find the real murderer

 

C.yes, as long as she is willing to lie under oath during the guilty plea colloquy and state that she is acting voluntarily and did, in fact, commit  the murder

 

D.maybe not, as it would be proffering perjured testimony for her to admit to the crime, if she insists that she really did not do it.

 

E.A and C

Answers

QuickHelper
(10)
Status NEW Posted 20 Sep 2017 09:09 AM My Price 5.00

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