Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

Who is responsible for moving to suppress a confession during a court hearing?

1. Prosecutor

2. Defense attorney

3. Judge

4. Police officer

The correct answer is: Defense attorney

The defense attorney is responsible for moving to suppress a confession during a court hearing. This action is based on the belief that the confession may have been obtained in violation of the defendant's rights, such as through coercion, lack of proper Miranda warnings, or other improper procedures. The defense attorney's role is to advocate for the client and ensure that any evidence presented in court complies with legal standards. In challenging the admissibility of a confession, the defense may present arguments and evidence that question how the confession was obtained. The ultimate goal is to protect the defendant’s rights and ensure a fair trial. The prosecutor, while representing the state and seeking to uphold valid evidence, does not challenge their own evidence; rather, they defend its admissibility. The judge's role is to make rulings on these motions but does not take the initiative to suppress evidence. Police officers are not involved in this stage of the process, as they are witnesses rather than advocates in court proceedings.