Difference between revisions of "China Criminal Defense Manual - Questioning the Witness"
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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: | ||
+ | *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): | ||
+ | **How many years have you been doing this? (if the witness is an expert witness, teacher, policeman, etc.) | ||
+ | **How well do you know the person? | ||
+ | **Are you the type of person who notices details? | ||
+ | **How good is your eyesight? | ||
+ | **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:''' | ||
+ | **Is it true that you are friends with the victim? | ||
+ | **You didn't write down any of your observations at the time of the event? | ||
+ | **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: | ||
+ | #You safely know the answer to, and | ||
+ | #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? |