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

From Criminal Defense Wiki
Jump to navigationJump to search
Line 102: Line 102:
 
*A prosecutor will try to show that your client incorrect about something, anything at all:  A frequent trick is to ask how long the red light lasted, how many meters it was across the room, or how many beers were consumed, etc.   
 
*A prosecutor will try to show that your client incorrect about something, anything at all:  A frequent trick is to ask how long the red light lasted, how many meters it was across the room, or how many beers were consumed, etc.   
 
*Even if the defendant first says that he or she does not know, the prosecutor may badger them to assent to an estimate, or a range.
 
*Even if the defendant first says that he or she does not know, the prosecutor may badger them to assent to an estimate, or a range.
 +
 +
 +
===QUESTIONING WITNESSES DURING TRIAL===
 +
 +
*Start with simple background questions to put them at ease.  Examples:
 +
 +
What is your: 
 +
Name 
 +
Place of Birth 
 +
Work history 
 +
 +
*Ask a few "foundation" questions about the witness; they can be general but should be consistent with the main testimony.  Examples:
 +
**If the main testimony is about a character trait or habit of the someone connected to the case, ask how long they've known the person. 
 +
**If the testimony is mainly about neighborhood layout or traffic, ask how long they've lived there, or how good the lighting is. 
 +
**If the testimony is an expert opinion, ask how many and what types of materials the expert reviewed before coming to a conclusion.  How much time did he spend on the review?  Who did he interview?
 +
 +
*Ask the "main" questions clearly and understandably. 
 +
 +
'''GO SLOW. BE CLEAR.'''  Witnesses get nervous up on the witness stand.  There is a significant chance that your question will be confusing, even if you have discussed it ahead of time.  There is a very real risk of getting an answer you do not want. 
 +
 +
*Phrase the main questions you ask each witness in a way that will advance the defense theory of the case.
 +
 +
*If there is evidence that hurts your defendant, bring it out before the prosecutor's questioning.  Examples:
 +
**Tell us why you did not talk with the police before coming here. 
 +
**Tell us why you're saying this today, but said something different earlier. 
 +
**Tell the judge, please, why you didn't go to the police and explain this alibi the day your husband was arrested.

Revision as of 11:09, 21 April 2010