Attorney Defense Attorney's 3 — Questions and Answers
Question 1: During voir dire, what is the key limitation on a defense attorney's use of peremptory challenges under Batson v. Kentucky?
- Peremptory challenges may not be used to exclude jurors based on race (Correct answer)
- Defense attorneys cannot use more than three peremptory challenges
- Peremptory challenges must be explained on the record
- Peremptory challenges are prohibited in capital cases
Correct answer: Peremptory challenges may not be used to exclude jurors based on race
Batson prohibits using peremptory challenges to exclude jurors solely on the basis of race.
Question 2: What is the primary ethical obligation of a defense attorney regarding a client who wants to plead guilty to a crime the attorney believes the client did not commit?
- Force the client to go to trial regardless of the client's wishes
- Advise the client fully of the consequences and ultimately respect the client's autonomous decision (Correct answer)
- Withdraw from the representation immediately
- Notify the court that the client is innocent before accepting the plea
Correct answer: Advise the client fully of the consequences and ultimately respect the client's autonomous decision
Defense attorneys must provide complete advice but must ultimately defer to the client's decision on whether to plead guilty.
Question 3: Under Brady v. Maryland, what must the prosecution disclose to the defense?
- All witness statements taken during the investigation
- Only exculpatory evidence that directly proves innocence
- Material evidence favorable to the accused, including impeachment evidence (Correct answer)
- Evidence the prosecution intends to use at trial
Correct answer: Material evidence favorable to the accused, including impeachment evidence
Brady requires disclosure of all material exculpatory and impeachment evidence, not just evidence directly proving innocence.
Question 4: When a defense attorney files a motion to suppress, which constitutional amendment is most commonly at issue for physical evidence?
- First Amendment
- Fifth Amendment
- Fourth Amendment (Correct answer)
- Eighth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment protects against unreasonable searches and seizures, forming the basis for most suppression motions.
Question 5: What does it mean for a defense attorney to invoke the 'public authority' defense?
- The defendant claims he acted under actual or believed government authorization (Correct answer)
- The defendant argues the government entrapped him
- The defendant asserts qualified immunity as a former officer
- The defendant claims the statute under which he is charged is unconstitutional
Correct answer: The defendant claims he acted under actual or believed government authorization
The public authority defense asserts the defendant reasonably believed a government official authorized the otherwise-illegal conduct.
Question 6: Which pretrial motion asks the court to transfer the case to another jurisdiction because community prejudice makes a fair trial impossible?
- Motion in limine
- Motion for change of venue (Correct answer)
- Motion to quash
- Demurrer
Correct answer: Motion for change of venue
A motion for change of venue seeks to move the trial to a location where pretrial publicity has not prejudiced the jury pool.
Question 7: What is the legal significance of a 'proffer agreement' in a federal criminal defense case?
- It guarantees the defendant immunity from prosecution
- It allows the defendant to provide information to prosecutors without those statements being used directly against him (Correct answer)
- It obligates the government to reduce charges in exchange for cooperation
- It waives the defendant's Fifth Amendment rights permanently
Correct answer: It allows the defendant to provide information to prosecutors without those statements being used directly against him
A proffer agreement lets a defendant share information with prosecutors under limited-use protection, though derivative use may still be permitted.
Attorney Defense Attorney's 3
During voir dire, what is the key limitation on a defense attorney's use of peremptory challenges under Batson v.
Kentucky?