Difference between revisions of "China Criminal Defense Manual - Questioning the Witness"
From Criminal Defense Wiki
Jump to navigationJump to searchChrisromig (talk | contribs) |
Chrisromig (talk | contribs) |
||
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. |