Prosecutorial Ethics: A Guide to Ethical Conduct for Prosecutors

Question 1

What is the primary ethical duty of prosecutors?

Accepted Answer

To seek justice fairly and impartially

Answer

To secure a conviction

Answer

To withhold evidence that could clear the defendant

Answer

To represent only the interests of the victim

Question 2

The duty to disclose exculpatory evidence means that prosecutors must:

Accepted Answer

Provide defendants with any evidence that could prove their innocence.

Answer

Provide defendants with only the evidence that the prosecution intends to use at trial.

Answer

Provide defendants with evidence that the prosecution believes is reliable.

Answer

Only provide defendants with evidence that is favorable to the prosecution.

Question 3

What is the primary ethical challenge that prosecutors face?

Accepted Answer

Balancing the interests of justice and the rights of the accused

Answer

Avoiding personal biases

Answer

Maintaining a professional demeanor

Answer

Managing the pressure to win cases

Question 4

True or False: Prosecutors are allowed to lie to defendants during plea negotiations.

Accepted Answer

False

Answer

True

Question 5

The Canons of Ethics for Prosecutors were developed by:

Accepted Answer

The American Bar Association

Answer

The National Association of Attorneys General

Answer

The United States Department of Justice

Answer

The Supreme Court of the United States

Question 6

Which of the following is a key principle of prosecutorial ethics?

Accepted Answer

Justice should be pursued without regard to personal feelings or political pressure

Answer

The prosecution should always seek the maximum penalty for every crime

Answer

The prosecution should never offer plea agreements

Answer

The prosecution should always believe the victim's testimony

Question 7

Which fundamental ethical principle obligates prosecutors to pursue justice impartially and fairly?

Accepted Answer

Duty to seek justice

Answer

Due process

Answer

Presumption of innocence

Answer

Speedy trial

Question 8

What ethical duty, known as the Brady Rule, requires prosecutors to disclose exculpatory evidence to the defense?

Accepted Answer

Duty to disclose exculpatory evidence

Answer

Duty to present only favorable evidence

Answer

Duty to avoid false or misleading evidence

Answer

Duty to ensure impartial witnesses

Question 9

What is the primary ethical dilemma prosecutors face when considering plea bargains?

Accepted Answer

Balancing justice and expediency

Answer

Protecting the rights of the accused

Answer

Ensuring a high conviction rate

Answer

Reducing caseloads

Question 10

Within the adversarial system of justice, what is the prosecutor's primary ethical duty?

Accepted Answer

To advocate for the state and seek justice

Answer

To represent the interests of the victim

Answer

To determine the guilt or innocence of the accused

Answer

To ensure the defendant's rights are protected

Question 11

Which of the following actions violates a core principle of prosecutorial ethics?

Accepted Answer

Aggressively pursuing convictions without regard to fairness

Answer

Seeking justice and ensuring fair trials

Answer

Disclosing all evidence that could help the defense

Question 12

What is the ethical dilemma faced by a prosecutor who believes that a defendant is likely innocent but also has strong evidence against them?

Accepted Answer

To continue to prosecute while fully disclosing the exculpatory evidence

Answer

To drop the case

Answer

To suppress the evidence

Answer

To recuse themselves from the case

Question 13

What is the purpose of the Brady Rule?

Accepted Answer

To prevent prosecutors from suppressing evidence favorable to the defendant

Answer

To establish a standardized sentencing scheme for all criminal offenses

Answer

To ensure that defendants are provided with competent legal representation

Answer

To reduce the number of criminal trials by encouraging plea bargains

Question 14

What is the primary role of the prosecutor in the adversarial system?

Accepted Answer

To represent the interests of the state and seek justice

Answer

To advocate for the rights of the accused

Answer

To determine the guilt or innocence of the accused

Answer

To ensure a fair and impartial trial

Question 15

When are prosecutors obligated to disclose exculpatory evidence?

Accepted Answer

When the evidence is material to the guilt or innocence of the accused, regardless of its source

Answer

Only if the evidence is specifically requested by the defense

Answer

When the evidence is favorable to the prosecution

Answer

Never

Question 16

What ethical principle requires prosecutors to approach cases with fairness and impartiality?

Accepted Answer

Objectivity

Answer

Due process

Answer

Equity

Answer

Materiality

Question 17

Which of the following is an ethical dilemma commonly encountered by prosecutors in plea negotiations?

Accepted Answer

Balancing the need for closure with the potential for wrongful convictions

Answer

Resisting pressure from victims and families

Answer

Avoiding conflicts of interest

Answer

Managing the workload

Question 18

What principle prohibits prosecutors from using peremptory challenges to exclude jurors based on their race or gender?

Accepted Answer

Batson-Wheeler rule

Answer

Miranda rule

Answer

Brady rule

Answer

Good faith exception

Question 19

According to the American Bar Association's Model Rules of Professional Conduct, which of the following is NOT a duty of prosecutors?

Accepted Answer

To obtain convictions at any cost

Answer

To seek justice fairly and impartially

Answer

To disclose exculpatory evidence to the defense

Answer

To avoid prosecutorial misconduct

Question 20

What is the ethical principle known as the 'Brady Rule'?

Accepted Answer

The obligation to disclose exculpatory evidence to defense counsel

Answer

The prohibition against using illegally obtained evidence

Answer

The requirement to provide a fair trial to all defendants

Answer

The duty to zealously advocate for the prosecution's case

Question 21

How can prosecutors balance their duty to seek justice with their ethical obligation to avoid prosecutorial misconduct?

Accepted Answer

By considering the potential consequences of their actions on all parties involved

Answer

By adhering to the letter of the law

Answer

By prioritizing their personal beliefs

Answer

By seeking guidance from colleagues or legal counsel

Question 22

Which of the following actions is considered unethical for prosecutors?

Accepted Answer

Engaging in ex parte communications with the judge without the defendant's knowledge

Answer

Seeking justice fairly and impartially

Answer

Disclosing exculpatory evidence to the defense

Answer

Avoiding prosecutorial misconduct, such as suppressing evidence or intimidating witnesses

Question 23

Which of the following is a primary ethical duty of a prosecutor?

Accepted Answer

Seek justice

Answer

Protect the rights of the accused

Answer

Advocate solely for the victim

Answer

Pursue convictions at all costs

Question 24

Under what circumstances is a prosecutor required to disclose exculpatory evidence to the defense?

Accepted Answer

When the evidence is material to the guilt or innocence of the defendant

Answer

When the defense requests it

Answer

When the prosecutor believes it will harm the case

Question 25

What is the purpose of prosecutorial discretion?

Accepted Answer

To allow prosecutors to prioritize cases and allocate resources effectively

Answer

To ensure that only the most serious crimes are prosecuted

Answer

To prevent innocent people from being wrongfully convicted

Question 26

What should a prosecutor do if they discover that a witness has lied under oath?

Accepted Answer

Report the perjury to the court immediately

Answer

Ignore it if the lie benefits the prosecution

Answer

Dismiss the case

Answer

Confront the witness privately

Question 27

What is the role of a prosecutor in a grand jury proceeding?

Accepted Answer

To present evidence and seek an indictment

Answer

To determine the defendant's guilt or innocence

Answer

To act as the defendant's attorney

Question 28

Which of the following is a key ethical principle for prosecutors in dealing with the media?

Accepted Answer

Avoid making public statements that could prejudice a case

Answer

Always speak favorably about the prosecution's case

Answer

Provide all information requested by the media

Question 29

What is the ultimate goal of prosecutorial ethics?

Accepted Answer

To ensure a fair and impartial criminal justice system

Answer

To maximize the number of convictions

Answer

To protect the interests of the state

Question 30

What is the prosecutor's ethical obligation regarding disclosure of exculpatory evidence?

Accepted Answer

To disclose all material exculpatory evidence to the defense without being requested

Answer

To disclose only exculpatory evidence that is favorable to the prosecution

Answer

To disclose only exculpatory evidence that is relevant to the case

Question 31

Which of the following actions constitutes prosecutorial misconduct?

Accepted Answer

Intentionally withholding exculpatory evidence

Answer

Vigorously advocating for one's client's position

Answer

Asking leading questions

Question 32

According to the ethical guidelines for prosecutors, how should a prosecutor respond if they learn that their witness is lying?

Accepted Answer

Inform the court and withdraw the witness

Answer

Inform the witness that they must tell the truth or face consequences

Answer

Ignore the witness's testimony and proceed with the case

Answer

Continue questioning the witness until they provide truthful testimony

Question 33

What is the primary goal of plea bargaining?

Accepted Answer

To resolve cases efficiently and fairly, considering both the rights of the accused and the interests of society

Answer

To guarantee that all defendants plead guilty

Answer

To avoid trials altogether

Answer

To punish defendants as severely as possible

Question 34

What is the prosecutor's ethical obligation in cases involving juvenile defendants?

Accepted Answer

To prioritize the rehabilitation of the juvenile rather than solely seeking punishment

Answer

To seek the most severe punishment possible

Answer

To ignore the age of the defendant when making sentencing decisions

Answer

To treat juvenile defendants as adults

Question 35

Which of the following is a key ethical principle for prosecutors when dealing with the media?

Accepted Answer

To avoid making extrajudicial statements that could prejudice a defendant's right to a fair trial

Answer

To release as much information as possible to the public

Question 36

What is the prosecutor's ethical obligation to victims of crime?

Accepted Answer

To treat victims with compassion, dignity, and respect, and to keep them informed about the status of their case

Answer

To only communicate with victims through their attorneys

Answer

To ignore the victim's input in the prosecution of the case

Answer

To prioritize the prosecution of the defendant over the needs of the victim

Question 37

Prosecutors have an ethical duty to:

Accepted Answer

Seek justice, disclose exculpatory evidence, and avoid prosecutorial misconduct

Answer

Convince the jury of the defendant's guilt

Answer

Protect the reputation of law enforcement

Answer

Win at all costs

Question 38

What does the term 'exculpatory evidence' refer to?

Accepted Answer

Evidence that tends to prove a defendant's innocence

Answer

Evidence that supports the prosecution's case

Answer

Evidence that is irrelevant to the case

Question 39

What is the purpose of the 'Brady Rule'?

Accepted Answer

To require prosecutors to disclose exculpatory evidence to the defense

Answer

To establish the standard of proof in criminal cases

Answer

To prohibit prosecutors from using illegally obtained evidence

Question 40

What does the 'Giglio Rule' require prosecutors to do?

Accepted Answer

Disclose evidence that affects the credibility of witnesses

Answer

Offer immunity to witnesses in exchange for testimony

Answer

Provide defendants with a list of all potential witnesses

Question 41

What is the goal of the American Bar Association's Model Rules of Professional Conduct for Prosecutors?

Accepted Answer

To ensure fairness and integrity in the criminal justice system

Answer

To protect the rights of defendants

Answer

To advance the interests of the prosecution

Question 42

What is the primary role of the defense attorney in relation to prosecutorial ethics?

Accepted Answer

To challenge the prosecution's case and uphold the defendant's constitutional rights

Answer

To assist the prosecutor in obtaining a conviction

Answer

To provide legal advice to the defendant

Question 43

How can prosecutors actively promote ethical behavior within their offices?

Accepted Answer

By establishing clear ethical guidelines and providing regular training on ethical issues

Answer

By relying solely on the ABA's Model Rules

Answer

By punishing attorneys who violate ethical rules

Question 44

Which of the following is NOT a core duty of a prosecutor?

Accepted Answer

Win convictions

Answer

Seek justice

Answer

Disclose exculpatory evidence

Answer

Avoid prosecutorial misconduct

Question 45

Which of the following actions by a prosecutor would constitute prosecutorial misconduct?

Accepted Answer

Knowingly presenting false evidence

Answer

Asking leading questions

Answer

Prosecuting a case zealously

Answer

Presenting strong evidence

Question 46

Which of the following is a key principle of prosecutorial ethics?

Accepted Answer

Equal justice under the law

Answer

Punishment of the guilty

Answer

Efficiency in the administration of justice

Answer

Convenience for the prosecutor

Question 47

Which of the following is a way to promote ethical conduct among prosecutors?

Accepted Answer

Training and education

Answer

Stricter laws

Answer

Public shaming

Answer

Increased funding for prosecution

Question 48

Which of the following is a common ethical challenge faced by prosecutors in plea bargaining?

Accepted Answer

Ensuring the fairness and voluntariness of plea agreements

Answer

Negotiating with defense attorneys

Answer

Avoiding excessive sentences

Answer

Maintaining a high conviction rate

Question 49

When a prosecutor makes a statement to the media about an ongoing case, they should:

Accepted Answer

Be fair and accurate, and avoid prejudicing the outcome

Answer

Focus on negative aspects of the defendant

Answer

Speculate about the defendant's guilt

Question 50

A prosecutor receives a case where the defendant has a strong alibi. The prosecutor believes the defendant is guilty but lacks sufficient evidence to disprove the alibi. What is the prosecutor's ethical obligation?

Accepted Answer

Drop the charges or seek further investigation to obtain sufficient evidence.

Answer

Proceed with the prosecution despite doubts about the defendant's guilt.

Answer

Seek to suppress the alibi evidence to weaken the defendant's case.

Question 51

During a trial, the prosecutor discovers new evidence that could potentially exonerate the defendant. What is the prosecutor's ethical responsibility?

Accepted Answer

Immediately disclose the exculpatory evidence to the defense.

Answer

Withhold the evidence to maintain a strong case against the defendant.

Answer

Inform the judge privately about the evidence and allow the judge to decide whether to disclose it.

Question 52

A prosecutor is facing re-election and feels pressure to maintain a high conviction rate. In a new case, the prosecutor offers a plea deal that is significantly more lenient than what the evidence supports. What ethical concern is raised?

Accepted Answer

Prosecutorial misconduct through plea bargaining to boost statistics.

Answer

A necessary tactic to manage a heavy caseload.

Answer

Legitimate negotiation strategy to secure a conviction.

Question 53

A prosecutor is aware of a witness's potential bias against the defendant. What is the prosecutor's ethical obligation regarding this information?

Accepted Answer

Disclose the witness's bias to the defense and the court.

Answer

Use the witness's testimony without disclosing the bias.

Answer

Try to convince the witness to downplay their bias.

Question 54

A prosecutor is working on a case where the defendant is a high-profile individual. The media is intensely interested in the case, and the prosecutor makes several public statements about the defendant's guilt before the trial. What ethical issue is raised?

Accepted Answer

Prejudicial pre-trial publicity that could potentially taint the jury pool.

Answer

Necessary to manage public perception of the justice system.

Answer

Legitimate attempts to inform the public about the case.

Question 55

A prosecutor has a personal relationship with a victim in a case. The prosecutor believes the relationship will not affect their ability to remain objective. What ethical consideration should the prosecutor prioritize?

Accepted Answer

Recuse themselves from the case due to the potential for conflict of interest.

Answer

Seek legal advice on how to navigate the conflict of interest.

Answer

Continue with the prosecution while maintaining a professional distance from the victim.

Question 56

During a trial, the prosecutor realizes that a key witness has provided false testimony. What is the prosecutor's ethical obligation?

Accepted Answer

Immediately inform the court about the false testimony and take steps to rectify it.

Answer

Attempt to discredit the witness without revealing the false testimony.

Answer

Ignore the false testimony and allow the trial to proceed.

Question 57

A prosecutor is offered a bribe by the defendant in exchange for dropping the charges. What is the prosecutor's ethical course of action?

Accepted Answer

Reject the bribe and report the attempted bribery to the appropriate authorities.

Answer

Accept the bribe and drop the charges.

Answer

Confront the defendant about the bribe and negotiate a more favorable plea deal.

Question 58

A prosecutor is working on a case where the defendant has a history of mental illness. The prosecutor understands that the defendant's mental state could influence their ability to understand the charges and participate in their defense. What is the prosecutor's ethical responsibility?

Accepted Answer

Ensure that the defendant receives appropriate mental health evaluations and accommodations.

Answer

Attempt to use the defendant's mental illness to their advantage in the prosecution.

Answer

Proceed with the prosecution without considering the defendant's mental state.

Question 59

A prosecutor is faced with a case where the potential punishment for the defendant is significantly harsher than what the prosecutor believes is appropriate for the crime. What ethical considerations should the prosecutor weigh?

Accepted Answer

Seek to negotiate a plea deal that aligns with the severity of the crime and the defendant's culpability.

Answer

Seek the maximum possible punishment regardless of personal beliefs.