Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Which party generally works to exclude the confession during a hearing?

1. Prosecutor

2. Judge

3. Defense attorney

4. Law enforcement

The correct answer is: Defense attorney

The defense attorney typically works to exclude a confession during a hearing. This action is grounded in the principle of protecting the rights of the accused. Defense attorneys will argue that a confession was obtained unlawfully, either through coercion, inadequate Miranda warnings, or other violations of constitutional rights. Their primary role is to ensure that any evidence brought against their client is admissible and to challenge any confessions that may have been improperly obtained. By seeking to exclude a confession, the defense attorney aims to prevent potentially damaging evidence from being presented in court, which could significantly impact the outcome of the case. The underlying goal here is to uphold the integrity of the legal process and protect the defendant's right to a fair trial. This role emphasizes the adversarial nature of the legal system, where both sides are able to contest evidence to achieve justice.