Criminal Defense Case Preparation Flashcards
7 cards from real ACP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Defense Case Preparation flashcards as text
Which constitutional amendment protects a criminal defendant from being compelled to testify against themselves?
Answer: Fifth Amendment
The Fifth Amendment's self-incrimination clause protects defendants from being forced to testify against themselves in criminal proceedings.
When a defense paralegal conducts a witness interview, which practice is most important to maintain?
Answer: Documenting the interview with a written summary or recording with consent
Proper documentation of witness interviews with appropriate consent protects the integrity of the defense case and provides a reliable record.
What is the primary purpose of a Brady motion in criminal defense?
Answer: To compel the prosecution to disclose exculpatory evidence
A Brady motion compels the prosecution to disclose material exculpatory evidence under the Brady v. Maryland doctrine.
A defense paralegal discovers that a key prosecution witness has a prior felony conviction. What is the appropriate action?
Answer: Inform the supervising attorney immediately as it may be used for impeachment
Prior felony convictions can be used to impeach a witness's credibility, making this information immediately relevant for the supervising attorney to evaluate.
Which type of expert witness would most likely be engaged to challenge the reliability of eyewitness identification in a criminal case?
Answer: Cognitive psychologist
Cognitive psychologists specializing in memory and perception are typically engaged to testify about the limitations and unreliability of eyewitness identification.
What does 'chain of custody' refer to in criminal defense case preparation?
Answer: The documented chronological record tracking evidence from collection to courtroom
Chain of custody is the documented record showing the chronological transfer and handling of evidence, which is critical for challenging evidence authenticity.
Under the Sixth Amendment, a criminal defendant has the right to confront witnesses. This right is primarily exercised through:
Answer: Cross-examination at trial
The Confrontation Clause of the Sixth Amendment is primarily exercised through the right to cross-examine adverse witnesses at trial.