Attorney Defense Attorney's 4 — Questions and Answers
Question 1: A defense attorney discovers that the lead detective in her client's case has a history of falsifying police reports in prior cases. How should she use this information?
- File a bar complaint and wait for results before proceeding
- Use it to impeach the detective's credibility at trial under Federal Rule of Evidence 608 or 609 (Correct answer)
- Disclose it to the prosecution immediately
- Ignore it because past misconduct is not admissible in criminal trials
Correct answer: Use it to impeach the detective's credibility at trial under Federal Rule of Evidence 608 or 609
Prior misconduct bearing on truthfulness is admissible to impeach a witness's credibility under applicable rules of evidence.
Question 2: What is the key difference between an 'affirmative defense' and a 'failure of proof' defense?
- Affirmative defenses require the defendant to present evidence; failure of proof defenses challenge the prosecution's case (Correct answer)
- Failure of proof defenses require the defendant to testify; affirmative defenses do not
- Affirmative defenses are only available in civil cases
- There is no meaningful legal distinction between the two
Correct answer: Affirmative defenses require the defendant to present evidence; failure of proof defenses challenge the prosecution's case
Affirmative defenses require the defendant to introduce evidence of a justification or excuse, while failure of proof defenses simply challenge whether the prosecution met its burden.
Question 3: Under what circumstances may a defense attorney ethically make a 'no-contact' representation to prevent direct prosecution contact with a represented defendant?
- Only after trial commences
- Whenever the defendant is represented, the prosecutor may not contact the defendant directly without defense counsel present (Correct answer)
- Only if the court has entered a specific protective order
- Only in cases involving organized crime
Correct answer: Whenever the defendant is represented, the prosecutor may not contact the defendant directly without defense counsel present
Model Rule 4.2 prohibits opposing counsel from communicating directly with a represented party without permission from that party's attorney.
Question 4: What is the significance of the 'corpus delicti' rule in a criminal defense case involving a confession?
- The prosecution must produce the physical body in all homicide cases
- A conviction cannot rest solely on a defendant's uncorroborated confession; some independent evidence of the crime must exist (Correct answer)
- All confessions must be recorded to be admissible
- The defense must challenge the chain of custody for all physical evidence
Correct answer: A conviction cannot rest solely on a defendant's uncorroborated confession; some independent evidence of the crime must exist
The corpus delicti rule requires independent evidence that a crime occurred before a confession alone can sustain a conviction.
Question 5: Which doctrine permits a defense attorney to argue that law enforcement's outrageous conduct itself bars prosecution, even without entrapment?
- Selective prosecution doctrine
- Outrageous government conduct defense (Correct answer)
- Void for vagueness doctrine
- Collateral estoppel doctrine
Correct answer: Outrageous government conduct defense
The outrageous government conduct defense argues that due process bars prosecution when law enforcement's behavior was fundamentally unfair.
Question 6: In a federal sentencing hearing, what is the effect of a defendant providing 'substantial assistance' to the government?
- The court must impose a sentence below the mandatory minimum
- The government may file a 5K1.1 motion allowing the court to depart below the guideline range (Correct answer)
- The defendant automatically receives a 50% sentence reduction
- The conviction is expunged from the defendant's record
Correct answer: The government may file a 5K1.1 motion allowing the court to depart below the guideline range
A 5K1.1 motion is the government's tool to reward cooperation, giving the court discretion to sentence below the guidelines.
Question 7: What does the term 'Alford plea' mean in criminal defense practice?
- A plea in which the defendant admits guilt but challenges the sentence
- A plea in which the defendant maintains innocence but acknowledges the prosecution has sufficient evidence to convict (Correct answer)
- A conditional plea that preserves an issue for appeal
- A plea entered on behalf of an incompetent defendant by the attorney
Correct answer: A plea in which the defendant maintains innocence but acknowledges the prosecution has sufficient evidence to convict
An Alford plea allows a defendant to plead guilty while asserting innocence when the evidence strongly supports conviction.
Attorney Defense Attorney's 4
A defense attorney discovers that the lead detective in her client's case has a history of falsifying police reports in prior cases.
How should she use this information?