ACP Criminal Defense Case Preparation 3 — Questions and Answers
Question 1: What is the significance of a 'Giglio' disclosure in criminal defense?
- It requires disclosure of the defendant's prior convictions
- It requires prosecution to disclose deals or promises made to witnesses in exchange for testimony (Correct answer)
- It mandates disclosure of all physical evidence to the defense
- It requires the court to appoint a forensic expert
Correct 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.
Question 2: When preparing a motion to suppress evidence obtained during a traffic stop, which legal standard is most central to the argument?
- Probable cause or reasonable suspicion for the initial stop (Correct answer)
- The harmless error doctrine
- The fruit of the poisonous tree doctrine only applies if there was a warrant
- Miranda warnings must precede any traffic stop
Correct 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.
Question 3: A paralegal is reviewing police reports for a criminal defense case and notices inconsistencies between two officers' accounts. The best next step is to:
- Contact the officers to reconcile the inconsistencies
- Draft a memo to the supervising attorney detailing the specific inconsistencies (Correct answer)
- File a complaint with internal affairs immediately
- Disregard minor inconsistencies as immaterial
Correct 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.
Question 4: Which document formally notifies the prosecution of the defenses's intent to call an alibi witness?
- Subpoena duces tecum
- Notice of alibi defense (Correct answer)
- Affidavit of merit
- Bill of particulars
Correct 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.
Question 5: In reviewing a client's financial records for a white-collar crime defense, the paralegal should first:
- Summarize all transactions above $10,000
- Confirm with the supervising attorney what specific records are needed and how to organize them (Correct answer)
- Provide the records directly to the prosecution as required by discovery
- Delete any records that appear incriminating
Correct 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.
Question 6: What is the purpose of a 'Franks hearing' in criminal defense?
- To challenge the credibility of a prosecution expert witness
- To challenge the truthfulness of statements made in a warrant affidavit (Correct answer)
- To request dismissal based on prosecutorial misconduct
- To assess competency of the defendant to stand trial
Correct 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.
Question 7: When a defense paralegal prepares a timeline of events for a criminal case, which approach is most effective?
- Including only events favorable to the defense
- Creating a comprehensive neutral timeline then flagging discrepancies and favorable facts for the attorney (Correct answer)
- Organizing events by witness name rather than chronologically
- Limiting the timeline to events within 30 days of the alleged crime
Correct 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.
ACP Criminal Defense Case Preparation 3
What is the significance of a 'Giglio' disclosure in criminal defense?