. Which of the following is not an example of an ethical dilemma a defense
attorney may face?
A) the prosecutor's winning record.
B) client perjury.
C) defense receipt of physical evidence.
D) a confession in confidence.
Would it be A?
I agree.
No, option A is not the correct answer. An ethical dilemma a defense attorney may face is a situation that involves conflicting ethical principles or responsibilities. Let's go through the options:
A) the prosecutor's winning record: This can be an ethical concern in terms of fairness and due process, but it is not a typical ethical dilemma that a defense attorney directly faces.
B) client perjury: This is a common ethical dilemma for defense attorneys. They need to decide whether to allow a client to lie under oath, as it goes against their ethical duty to uphold the truth.
C) defense receipt of physical evidence: While the receipt of physical evidence alone may not present an ethical dilemma, it could become one depending on how the evidence was obtained or if it was tampered with.
D) a confession in confidence: This situation can create an ethical dilemma if the defense attorney becomes aware of their client's guilt through a confidential conversation. They may have to decide whether to use this information to construct a defense or maintain their duty of confidentiality.
Therefore, the correct answer is C) defense receipt of physical evidence, as it is not an example of an ethical dilemma a defense attorney may face.
To determine which option is not an example of an ethical dilemma a defense attorney may face, we need to understand the concept of an ethical dilemma and consider each option.
An ethical dilemma occurs when a person is faced with a choice between two morally conflicting options, both of which have potential negative consequences. In the context of a defense attorney, ethical dilemmas arise from the tension between advocating for their client's rights and duties to the court and justice system.
Let's evaluate each option:
A) The prosecutor's winning record: This option does not present an ethical dilemma directly related to the defense attorney's duties or responsibilities. While it may affect the strategies employed by the defense attorney, it does not involve a moral or ethical conflict.
B) Client perjury: This is a common example of an ethical dilemma for defense attorneys. Lawyers have a professional duty to present truthful information and evidence in court. If a defense attorney becomes aware that their client intends to lie under oath (perjury), they face a conflict between their obligation to represent their client's interests and their ethical duty to uphold truth and the legal system.
C) Defense receipt of physical evidence: Receiving physical evidence as part of the defense representation is not inherently an ethical dilemma. It is a normal part of the attorney's work to collect and examine evidence to build a strong defense for their client. Ethical dilemmas related to evidence may arise when it involves dealing with illegally obtained evidence or withholding evidence that could potentially incriminate the client.
D) A confession in confidence: This option presents an ethical dilemma as it involves the defense attorney's ethical duty of confidentiality to their client. If a client confesses to a crime in confidence, the defense attorney faces a conflict between keeping that information confidential and their obligations to the court, which may require them to disclose information if it ensures justice.
Therefore, the correct answer would be option A) the prosecutor's winning record. This option does not involve an ethical dilemma for a defense attorney.