Difference between revisions of "India Criminal Defense Manual - Questioning the Witness"
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2. Prepare your client for the prosecutor's tone. | 2. Prepare your client for the prosecutor's tone. | ||
| − | 3. Your client should answer the prosecutor as he or she answered you, | + | 3. Your client should answer the prosecutor as he or she answered you, with the same voice inflection, the same eye contact, and a body language that indicates they are telling the truth. |
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| + | 4. Approach expert questions that produce damaging evidence carefully. | ||
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| + | These questions must be answered directly by the accused, with no attempt to either evade or explain. The accused's body language must not convey any effort to evade touchy questions. | ||
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| + | Evasion makes the client look untruthful. | ||
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| + | Explanations can become opportunities for a prosecutor to start tearing holes in the accused's account. | ||
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| + | Therefore, let the client know that you can return to these issues during re-questioning and clean up some damage. During re- questioning, be sure to ask questions that will advance your theory of the case. | ||
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| + | 5. If the accused does not know the answer, he or she should not be afraid to say "I don't know." This may be especially important if a prosecutor tries to make your client admit to a certain number, or quantity: | ||
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| + | A prosecutor will try to show that your client is 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. | ||
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| + | Even if the accused first says that he or she does not know, the prosecutor may badger them to assent to an estimate, or a range. | ||
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| + | == Questioning witness during trial == | ||
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| + | 1. Start with simple background questions to put them at ease. Examples: | ||
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| + | Name | ||
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| + | Place of Birth | ||
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| + | Work history | ||
