1. For defense counsel to be considered ineffective, the defense attorney must:
A. perform adequately.
B. prejudice the defendant.
C. be a public defender.
D. only be unreasonable under prevailing professional norms.
im confused between B and D
2. Which of the following is NOT a reason for failing to prosecute?
A. Lack of evidence
B. Defense case stronger than the prosecution’s
C. Resource restrictions
D. Defendant’s political connections
is it D
I think both are D.
To determine the correct answers to these questions, let's examine the options and eliminate the incorrect ones.
1. For defense counsel to be considered ineffective, the defense attorney must:
A. perform adequately.
B. prejudice the defendant.
C. be a public defender.
D. only be unreasonable under prevailing professional norms.
Answer: D. only be unreasonable under prevailing professional norms.
Explanation: To evaluate whether the defense counsel is ineffective, it is not enough for them to merely be unreasonable under professional norms. In order for the defense counsel to be considered ineffective, they must not only be unreasonable but also prejudice the defendant. Therefore, the correct answer is option B. prejudice the defendant.
2. Which of the following is NOT a reason for failing to prosecute?
A. Lack of evidence
B. Defense case stronger than the prosecution’s
C. Resource restrictions
D. Defendant’s political connections
Answer: D. Defendant's political connections.
Explanation: Failing to prosecute a case can happen due to various reasons such as lack of evidence, a stronger defense case, or resource restrictions. However, a defendant's political connections are not a legitimate reason for failing to prosecute a case. So, the correct answer is option D. Defendant's political connections.