PrepTest 116, Section 4, Question 2
Is it necessary for defense lawyers to believe(436 more words not shown)
Which one of the following(19 more words not shown)
- Aconfident that it(14 more words not shown)
- Bcertain that it(12 more words not shown)
- Csatisfied that it(11 more words not shown)
- Dpleased that it(11 more words not shown)
- Econvinced that it(10 more words not shown)
Reading the passage
The writer clearly thinks both duties matter. But the choices ask for something more specific than approval. How can helping the court and society fit with helping the client? The final paragraph is especially useful: it claims that the broader duty ultimately benefits the defendant too.
Working the answers
- A
Notice which responsibilities this names: the court and society. Those are grouped together on one side of the twofold obligation; the client is the other side. A describes the wrong balance.
- B
The writer permits representation of guilty clients, including arguments for warranted leniency. The restriction is on false or insincere advocacy, not all representation of those clients.
- C
Careful fact-finding matters, but the writer doesn't claim that having two duties helps lawyers uncover the facts. Analysis of the facts is part of the process being recommended.
- D
Some strategies would be ruled out, such as asserting innocence the lawyer knows to be false. We aren't told the obligation leaves common strategies unaffected.
- ECorrect
The third paragraph says the obligation to court and society “also ultimately benefits the defendant.” In the writer's view, sincere advocacy based on the merits provides the best defense. The two duties therefore aren't being treated as incompatible interests.
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