Practice Quiz

Paralegal

Category - Ethics

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Which of the following obligations apply to a prosecutor in a criminal case?
  1. To refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.
  2. To make reasonable efforts to assure an accused person is advised of the right to counsel.
  3. To not seek a waiver of an important pretrial right from an unrepresented accused person.
  4. All of the above.
Explanation
Answer: D - All of the above. Under Model Rule 3.8, prosecutors are subject to special responsibilities. Those responsibilities include the three obligations listed in Answers A, B, and C. The other main obligations of a prosecutor include disclosure of evidence favorable to the accused, not serving a subpoena on an attorney for information about a client (unless the elements of the exception are met), and to refrain from public comments outside the courtroom (with certain exceptions). Model Rule 3.8.
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