Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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What is the collateral use of a confession?

  1. To find new evidence for a case

  2. To impeach a defendant’s credibility if they testify

  3. To establish a truth in another case

  4. To use against the informant as evidence

The correct answer is: To impeach a defendant’s credibility if they testify

The collateral use of a confession primarily refers to its ability to impeach a defendant’s credibility if they choose to testify in their own defense. When a defendant takes the stand, the prosecution can introduce the confession to challenge their truthfulness or reliability. This is particularly important because it can have a significant impact on how the jury perceives the defendant's testimony. If the confession contradicts what the defendant claims during their testimony, it can effectively undermine their credibility, thereby influencing the outcome of the trial. In this context, while confessions could potentially lead to new evidence, establish truths in various cases, or serve as evidence against an informant, the specific term "collateral use" most directly aligns with the impeaching function in legal proceedings. Thus, the emphasis on using the confession to question credibility during a trial underscores its role beyond merely being an admission of guilt.