PrepTest 116, Section 4, Question 1
Is it necessary for defense lawyers to believe(436 more words not shown)
Which one of the following(9 more words not shown)
- ASome legal scholars(30 more words not shown)
- BDefense lawyers should(18 more words not shown)
- CIn a democracy,(28 more words not shown)
- DLawyers should be(31 more words not shown)
- EDefense attorneys are(20 more words not shown)
Reading the passage
We've already identified the disagreement: is the lawyer simply the client's advocate, or must the lawyer's own assessment of the facts constrain the defense? The writer says duties run both to the client and to the court and society. Our answer needs that proposed responsibility, not merely the opening scholars' position.
Working the answers
- A
This describes the view the writer challenges. Calling it morally questionable signals criticism, but doesn't state the alternative: the lawyer must honor both duties and decide how to proceed in light of the facts.
- B
Putting personal judgment aside is the scholars' approach. The writer instead wants sincere, fact-based advocacy.
- C
This restates the opening case for providing defendants with skilled representation. It omits the writer's limits on what that representation should involve.
- DCorrect
Both the duty to society and the facts matter to whether and how the lawyer proceeds. This also improves on the rough prediction that lawyers should defend only people they believe innocent. That's too restrictive: the writer allows a lawyer to represent a guilty client by making a sincere case for leniency. D captures the actual distinction.
- E
The last paragraph expressly rejects the requirement to take every offered case. Believing a client innocent may support an innocence defense, but it doesn't establish this obligation to accept requests.
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