Criminal Defense Case Preparation Flashcards

What is the significance of a 'Giglio' disclosure in criminal defense?

Answer: It requires prosecution to disclose deals or promises made to witnesses in exchange for testimony

Giglio v. United States requires prosecutors to disclose any agreements, promises, or incentives offered to witnesses in exchange for their testimony.

When preparing a motion to suppress evidence obtained during a traffic stop, which legal standard is most central to the argument?

Answer: Probable cause or reasonable suspicion for the initial stop

The Fourth Amendment requires law enforcement to have at minimum reasonable suspicion for a traffic stop and probable cause for a subsequent search.

A paralegal is reviewing police reports for a criminal defense case and notices inconsistencies between two officers' accounts. The best next step is to:

Answer: Draft a memo to the supervising attorney detailing the specific inconsistencies

Documenting inconsistencies in a memo for the supervising attorney preserves the finding for potential impeachment use and stays within the paralegal's appropriate role.

Which document formally notifies the prosecution of the defenses's intent to call an alibi witness?

Answer: Notice of alibi defense

A Notice of Alibi Defense is a formal pleading required in many jurisdictions to notify the prosecution of the defendant's alibi witnesses and their expected testimony.

In reviewing a client's financial records for a white-collar crime defense, the paralegal should first:

Answer: Confirm with the supervising attorney what specific records are needed and how to organize them

Clarifying the scope and organizational approach with the supervising attorney ensures the paralegal's work aligns with defense strategy and privilege considerations.

What is the purpose of a 'Franks hearing' in criminal defense?

Answer: To challenge the truthfulness of statements made in a warrant affidavit

A Franks hearing allows the defense to challenge the truthfulness of the affidavit supporting a search warrant, potentially invalidating the warrant and suppressing evidence.

When a defense paralegal prepares a timeline of events for a criminal case, which approach is most effective?

Answer: Creating a comprehensive neutral timeline then flagging discrepancies and favorable facts for the attorney

A comprehensive neutral timeline allows the attorney to identify both inconsistencies in the prosecution's narrative and facts favorable to the defense.