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QUESTION

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Defense Counsel Please respond to the following:

  • Suggest two (2) circumstances under which criminal defendants would be entitled to an attorney. Specify two (2) critical stages of the criminal proceedings at which defendants may exercise their right to counsel. Provide a rationale for your response.
  • Suppose someone you know is a suspect in a crime and has been taken into police custody for questioning. Justify the need for an attorney at this point in order to preserve the suspect’s right against self-incrimination, as guaranteed by the Fifth Amendment to the U.S. Constitution. Provide a rationale for your response.

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Ethics and Professional Conduct Please respond to the following:

  • From the e-Activity, examine three (3) standards that you found in the preamble for the ABA Model Code of Professional Responsibility. Assert the primary reasons why you believe that each one is important for effectively regulating the actions of attorneys. Provide specific examples to support your rationale.
  • Take a position on whether or not a defendant can be convicted solely from ineffectiveness of counsel. Support your position with examples of the role that ineffective counsel has played in the outcome of trials.

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                                                             E-activity

Go to the American Bar Association (ABA) Website and review the ABA Model Code of Profession Responsibility located at http://www.americanbar.org/groups/professional_responsibility/resources/lawyer_ethics_regulation/model_rules_for_lawyer_disciplinary_enforcement/preamble.html. Be prepared to discuss.

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