Grand Jury & Trial Testimony Flashcards
7 cards from real DEA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Grand Jury & Trial Testimony flashcards as text
When a DEA agent is subpoenaed to testify before a grand jury, who has authority to excuse the agent from appearing?
Answer: The U.S. Attorney or AUSA handling the case
The U.S. Attorney or AUSA controls grand jury proceedings and is the only official who can excuse a subpoenaed witness from appearing.
A defense attorney asks a DEA agent on the witness stand about the contents of a confidential informant file. The agent should:
Answer: Assert the law enforcement privilege and await the judge's ruling
The law enforcement privilege protects sensitive investigative materials; the agent should assert it and let the court determine disclosability.
In federal court, the rule requiring the government to produce prior recorded statements of a witness after that witness testifies on direct examination is known as the:
Answer: Jencks Act
The Jencks Act (18 U.S.C. § 3500) requires production of prior statements of government witnesses after they testify on direct examination.
A DEA agent notices during cross-examination that opposing counsel is mischaracterizing the agent's earlier testimony. The best response is to:
Answer: Politely correct the mischaracterization before answering
A witness may correct a mischaracterization of prior testimony before responding to maintain accuracy of the record.
During a grand jury proceeding, a witness invokes the Fifth Amendment privilege against self-incrimination. The prosecutor may overcome this by:
Answer: Granting use immunity under 18 U.S.C. § 6002 and compelling testimony
Use immunity under 18 U.S.C. § 6002 strips the witness of Fifth Amendment protection by prohibiting use of compelled testimony against them.
What is the primary purpose of the Giglio v. United States ruling in the context of DEA agent testimony?
Answer: It mandates disclosure of impeachment evidence affecting the credibility of government witnesses
Giglio extends Brady to require disclosure of evidence that could impeach the credibility of government witnesses, including agents.
A DEA agent testifying at trial is asked on cross-examination about a prior disciplinary action that resulted in a letter of reprimand. The agent should:
Answer: Answer truthfully, as prior misconduct may be Giglio material
Prior disciplinary actions can constitute Giglio material affecting agent credibility and must be answered truthfully under oath.