Immigration Consequence
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
22287_padilla-plea · CRIMINAL · Choice ANo, because Timothy was not a United States citizen.
Why it's attractive
The Sixth Amendment protects ALL persons in U.S. criminal proceedings—citizens and noncitizens alike. This choice flatly misstates the law.
Why it's wrong
The Sixth Amendment protects ALL persons in U.S. criminal proceedings—citizens and noncitizens alike. This choice flatly misstates the law.
22287_padilla-plea · CRIMINAL · Choice BNo, because the government's evidence against Timothy was overwhelming.
Why it's attractive
The fact that the government had a strong case is TRUE but NOT RESPONSIVE to the prejudice inquiry under Lee. Prejudice in the plea context asks whether the defendant would have rejected the plea—not whether the trial outcome would have been different.
Why it's wrong
The fact that the government had a strong case is TRUE but NOT RESPONSIVE to the prejudice inquiry under Lee. Prejudice in the plea context asks whether the defendant would have rejected the plea—not whether the trial outcome would have been different.
22287_padilla-plea · CRIMINAL · Choice DYes, because there was a reasonable probability Timothy would have been acquitted at trial.
Why it's attractive
This states the general Strickland prejudice test (would have gotten a better result) but misstates the Lee refinement for the plea context. The question is whether Timothy would have rejected the plea—not whether he would have been acquitted.
Why it's wrong
This states the general Strickland prejudice test (would have gotten a better result) but misstates the Lee refinement for the plea context. The question is whether Timothy would have rejected the plea—not whether he would have been acquitted.
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