PrepTest 116, Section 4, Question 6
Is it necessary for defense lawyers to believe(436 more words not shown)
It can be inferred from(19 more words not shown)
- Ashould sincerely believe(6 more words not shown)
- Bwould be right(14 more words not shown)
- Cis assuming the(6 more words not shown)
- Dhas favored the(8 more words not shown)
- Ehas typically not(7 more words not shown)
Reading the passage
The writer allows an innocence defense when guilt is uncertain and the lawyer sincerely believes the client may be innocent. That qualification matters. The lawyer must believe in the argument, but needn't know with certainty that the client is innocent.
Working the answers
- ACorrect
This closely restates the final sentence of paragraph two: the lawyer honestly regards the client’s innocence as a real possibility. Possible innocence sincerely believed is enough.
- B
The writer explicitly rejects asserting innocence when the lawyer knows the client is guilty.
- C
Making an innocence argument doesn't automatically make someone a mouthpiece. A lawyer who has considered the facts and sincerely believes in the defense can make it as an advocate.
- D
The argument treats sincere, fact-based representation as consistent with duties to the court and society. Claiming innocence doesn't by itself show one duty has been favored over the other.
- E
Nothing establishes that lawyers making this argument typically haven't researched the facts. The recommended defense rests on careful analysis.
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