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
What is the role of a 'theory of the case' in criminal defense preparation?
Answer: A coherent narrative that explains the defendant's innocence or reduces culpability and guides all case preparation decisions
The theory of the case is the overarching narrative that makes the defense's version of events credible and guides decisions about evidence, witnesses, and arguments.
When preparing for cross-examination of a forensic scientist who analyzed DNA evidence, a paralegal should assist by:
Answer: Researching the lab's accreditation status, the analyst's qualifications, and potential errors in testing protocols
Preparing for DNA cross-examination requires understanding lab accreditation, analyst qualifications, and potential procedural errors that could affect the reliability of results.
A client tells the defense paralegal that they want to accept a plea agreement. The paralegal's appropriate response is to:
Answer: Inform the supervising attorney immediately and not provide legal advice about the decision
Plea decisions involve legal strategy and advice that only licensed attorneys can provide; the paralegal must immediately refer this to the supervising attorney.
What is the 'exclusionary rule' and when does it apply in criminal defense?
Answer: A doctrine that bars use of evidence obtained through unconstitutional government conduct at trial
The exclusionary rule prohibits using evidence obtained through Fourth, Fifth, or Sixth Amendment violations at trial, serving as a deterrent to police misconduct.
In a criminal case involving digital evidence, what should the defense paralegal prioritize when reviewing electronic discovery?
Answer: Verifying metadata integrity and identifying any evidence of tampering or improper forensic collection
Metadata verification and reviewing forensic collection protocols are critical for challenging the authenticity and integrity of digital evidence.
Which of the following best describes the 'diminished capacity' defense in criminal cases?
Answer: A partial defense arguing a mental condition prevented the defendant from forming the specific intent required for the crime
Diminished capacity is a partial defense arguing that a mental condition negated the specific intent required for the charged offense, potentially resulting in a lesser conviction.
A criminal defense paralegal receives a subpoena for client files. The correct immediate action is to:
Answer: Contact the supervising attorney immediately to assert attorney-client privilege and seek a protective order if appropriate
When a subpoena targets client files, the supervising attorney must immediately evaluate privilege claims and seek a protective order if the files are privileged.