Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

When can the Commonwealth use an illegal confession?

1. To establish guilt directly

2. To impeach the credibility of a witness

3. In front of a jury

4. Only in pre-trial motions

The correct answer is: To impeach the credibility of a witness

The Commonwealth can use an illegal confession to impeach the credibility of a witness because, even if the confession was obtained in a manner that was unconstitutional or against the individual's rights, it may still be relevant in questioning the reliability or truthfulness of that witness's statements. In legal proceedings, the goal is often to determine the credibility of various pieces of evidence and testimonies. If a witness, who may be testifying for the prosecution, has previously made a confession that was deemed illegal, this can be leveraged to challenge their reliability or the veracity of their claims. The use of an illegal confession in this manner does not imply its acceptance as direct evidence of guilt, which would typically be inadmissible due to the circumstances of its acquisition. Additionally, the scope of its use is restricted when presenting cases in front of a jury or during pre-trial motions where the focus is primarily on admissibility rather than credibility assessments. In essence, the legal framework allows for this particular application of an illegal confession as a means to scrutinize and undermine the trustworthiness of a witness's testimony.