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 179: | Line 179: | ||
What if the judge does not allow you to cross-examine the witness? | What if the judge does not allow you to cross-examine the witness? | ||
If the judge does not allow you to cross-examine the witness, you can refer to the CPL's provisions for cross-examinations. Politely remind the court that Article 58 in Explanations on some Issues in Administering Criminal Procedure Law of the People's Republic of China specifically states that only through the defense lawyer's cross-examination can any evidence be considered as a basis for deciding a case, and not otherwise. | If the judge does not allow you to cross-examine the witness, you can refer to the CPL's provisions for cross-examinations. Politely remind the court that Article 58 in Explanations on some Issues in Administering Criminal Procedure Law of the People's Republic of China specifically states that only through the defense lawyer's cross-examination can any evidence be considered as a basis for deciding a case, and not otherwise. | ||
| + | |||
| + | |||
| + | ===How to Prepare Your Client and Other Witnesses=== | ||
| + | |||
| + | #Communicate your theory of the case to the client or other witness. Explain how their testimony advances the theory of the case and refutes the prosecutor's version of events. | ||
| + | #Prepare your client and other witnesses for both direct and cross-examination. | ||
| + | #Prepare your questions for both direct and cross-examination. Remember to begin with broader, more general questions at first and more specific, detailed questions as the examination proceeds. Be sure to save your strongest/best points for the end of your examination. Do not ask a question for which you do not know the answer. | ||
| + | #Role-play with your client or other witness. Prepare them for the prosecutor's tone, questions the prosecutor will ask, and evidence the prosecutor will use. | ||
| + | #Advise your client or other witness to listen carefully to the question that is being asked, regardless of whether you or the prosecutor is doing the questioning. Make sure the client or other witness understands that they need to concentrate on answering the question that is actually asked and that they should not provide information that they have not been asked to give. | ||
| + | #If the client or other witness truthfully does not know the answer to a question, he should say "I don't know" instead of guessing or speculating. | ||
| + | #Reassure the client or other witness that they will have the opportunity to clarify any matters that need clarification during direct re-examination. | ||
| + | |||
| + | |||
| + | ===Conclusion=== | ||
| + | |||
| + | Developing effective direct and cross-examination skills takes persistence, patience and most of all, practice, practice, practice! By developing a comprehensive theory of the case and structuring your direct and cross-examination questions in a manner that advances your theory, you will be able to persuasively argue your client's case to the court. | ||
