Criminal Defense Case Preparation Flashcards

What is 'voir dire' and what role might a paralegal play in the process?

Answer: Jury selection questioning; paralegals may research juror backgrounds and assist with jury questionnaires

Voir dire is the jury selection process, and paralegals often assist by researching prospective jurors' backgrounds and preparing jury questionnaires for attorney review.

A defendant's cell phone records are being sought by the prosecution. The defense attorney wants to challenge this. Which legal doctrine is most relevant?

Answer: The third-party doctrine and its limitations under Carpenter v. United States

Carpenter v. United States (2018) significantly limited the third-party doctrine, holding that long-term cell-site location information requires a warrant under the Fourth Amendment.

Which element must generally be proven for a successful entrapment defense?

Answer: That government agents induced the defendant to commit a crime they were not predisposed to commit

The entrapment defense requires showing both government inducement and the defendant's lack of predisposition to commit the offense without that inducement.

A paralegal is asked to locate potential mitigation evidence for a sentencing hearing. Which category of information would be most relevant?

Answer: The defendant's mental health history, childhood trauma, and family support system

Mitigation evidence for sentencing focuses on factors that explain the defendant's background, mental state, and circumstances that may warrant a reduced sentence.

What is a 'writ of habeas corpus' in the context of post-conviction criminal defense?

Answer: A petition challenging the legality of a person's detention or imprisonment

A writ of habeas corpus is a legal action challenging the lawfulness of a prisoner's detention, often raising constitutional violations not fully addressed on direct appeal.

During case preparation, a paralegal should treat all communications with the client as:

Answer: Protected under the attorney-client privilege and maintain strict confidentiality

Attorney-client privilege extends to paralegals working under attorney supervision, requiring strict confidentiality of all client communications.

Which motion challenges the legal sufficiency of the charges against the defendant without disputing the facts alleged by the prosecution?

Answer: Motion to dismiss for failure to state an offense

A motion to dismiss for failure to state an offense argues that even if all alleged facts are true, they do not constitute a crime under the applicable law.