ACP Criminal Defense Case Preparation 2 — Questions and Answers
Question 1: Which constitutional amendment protects a criminal defendant from being compelled to testify against themselves?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Eighth Amendment
Correct answer: Fifth Amendment
The Fifth Amendment's self-incrimination clause protects defendants from being forced to testify against themselves in criminal proceedings.
Question 2: When a defense paralegal conducts a witness interview, which practice is most important to maintain?
- Recording all interviews without the witness's knowledge
- Documenting the interview with a written summary or recording with consent (Correct answer)
- Avoiding any documentation to preserve confidentiality
- Sharing interview notes immediately with the prosecution
Correct 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.
Question 3: What is the primary purpose of a Brady motion in criminal defense?
- To suppress illegally obtained evidence
- To compel the prosecution to disclose exculpatory evidence (Correct answer)
- To request a change of venue
- To challenge the jury selection process
Correct 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.
Question 4: A defense paralegal discovers that a key prosecution witness has a prior felony conviction. What is the appropriate action?
- Ignore it as irrelevant to the current case
- Inform the supervising attorney immediately as it may be used for impeachment (Correct answer)
- Contact the witness directly to discuss the conviction
- File a motion to dismiss based on witness credibility
Correct 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.
Question 5: Which type of expert witness would most likely be engaged to challenge the reliability of eyewitness identification in a criminal case?
- Forensic accountant
- Cognitive psychologist (Correct answer)
- Medical examiner
- Document examiner
Correct answer: Cognitive psychologist
Cognitive psychologists specializing in memory and perception are typically engaged to testify about the limitations and unreliability of eyewitness identification.
Question 6: What does 'chain of custody' refer to in criminal defense case preparation?
- The sequence of attorneys who handled a case
- The documented chronological record tracking evidence from collection to courtroom (Correct answer)
- The order in which charges are prosecuted
- The hierarchy of court jurisdiction
Correct 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.
Question 7: Under the Sixth Amendment, a criminal defendant has the right to confront witnesses. This right is primarily exercised through:
- Pre-trial depositions of all witnesses
- Cross-examination at trial (Correct answer)
- Written interrogatories to prosecution witnesses
- Independent interviews by the defense team
Correct 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.
ACP Criminal Defense Case Preparation 2
Which constitutional amendment protects a criminal defendant from being compelled to testify against themselves?