ACP Criminal Defense Case Preparation 3

Question 1

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

Accepted Answer

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

Answer

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?

Accepted Answer

Probable cause or reasonable suspicion for the initial stop

Answer

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:

Accepted Answer

Draft a memo to the supervising attorney detailing the specific inconsistencies

Answer

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?

Accepted Answer

Notice of alibi defense

Answer

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:

Accepted Answer

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

Answer

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

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Criminal Defense Case Preparation 3