Difference between revisions of "China Criminal Defense Manual - Questioning the Witness"

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(Created page with '==QUESTIONING THE WITNESSES== ===PROSECUTION WITNESS EVALUATION=== '''Legal Background''' Chinese law allows the criminal defender to: #Conduct an independent investigati�')
 
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#Cross-examine the prosecution's witnesses (CPL Article 47, 156)  
 
#Cross-examine the prosecution's witnesses (CPL Article 47, 156)  
 
#Use evidence to impeach the prosecution's witnesses (CPL Article 157, 159, 160)  
 
#Use evidence to impeach the prosecution's witnesses (CPL Article 157, 159, 160)  
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This form will assist you to evaluate and prepare your defense against the statements of the prosecutor's witnesses.
 
This form will assist you to evaluate and prepare your defense against the statements of the prosecutor's witnesses.
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'''Name of Witness: ''' 
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Analysis 
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*List the reasons why this witness helps the prosecutor prove the crime charged.
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*List the reasons this witness's testimony will hurt the defense of your client.
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*List the reasons (if any) this witness will help the defense of your client.
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*List the ways (if any) in which this witness's testimony is inconsistent with their previous statement, statements of other witnesses, the victim, defendant and co-defendants, and the evidence presented.
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*List the ways (if any) that this witness's testimony may be utilized to advance the defense attorney's theory of the case.
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'''Pages in the case file where this witness appears:'''
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*Supporting Evidence
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*List the evidence to be used when asking this witness questions. 
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'''In case the prosecution witness changes their previous statements, the defense lawyer can use the following prompts:''' 
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*Refer to trial documents or other evidence:
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*Call an already prepared defense witness to the stand to refute the prosecution witness' claim:   
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===Sample Questions===
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Is this witness helping your case?  If so, remember to: 
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*Repeat the aspects of the witness' testimony that are helpful to your case during your questioning. 
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'''Example:'''  "I want to make sure I heard your testimony correctly.  Did you say that [helpful statement]?" 
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*First ask the witness easy, supportive questions in order to make them comfortable, then you can ask more difficult or aggressive questions.  Examples (of easier, introductory questions):
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**How many years have you been doing this?  (if the witness is an expert witness, teacher, policeman, etc.)
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**How well do you know the person? 
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**Are you the type of person who notices details? 
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**How good is your eyesight? 
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**How good was the lighting? 
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*Is this witness against, or hurting, your case?  If so, try to demonstrate inconsistencies and problems in their testimony. '''Examples:'''
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**Is it true that you are friends with the victim?
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**You didn't write down any of your observations at the time of the event? 
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**You did not speak with the police until many weeks after the alleged crime? 
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*Your concluding question should be your strongest one, and one that:
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#You safely know the answer to, and 
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#Whose answer supports your case. 
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'''Example:''' Isn't it true that my client called the police, and waited for them at the scene?

Revision as of 11:51, 21 April 2010

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