Attorney Defense Attorney's 4

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?

Accepted Answer

Use it to impeach the detective's credibility at trial under Federal Rule of Evidence 608 or 609

Answer

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?

Accepted Answer

Affirmative defenses require the defendant to present evidence; failure of proof defenses challenge the prosecution's case

Answer

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?

Accepted Answer

Whenever the defendant is represented, the prosecutor may not contact the defendant directly without defense counsel present

Answer

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?

Accepted Answer

A conviction cannot rest solely on a defendant's uncorroborated confession; some independent evidence of the crime must exist

Answer

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?

Accepted Answer

Outrageous government conduct defense

Answer

The outrageous government conduct defense argues that due process bars prosecution when law enforcement's behavior was fundamentally unfair.

Attorney Practice Test

Attorney Practice Test

Attorney Defense Attorney's 4