Difference between revisions of "India Criminal Defense Manual - Questioning the Witness"
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| + | 2. 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 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? | ||
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| + | 3. Ask the "main" questions clearly and understandably. | ||
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| + | '''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. | ||
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| + | 4. Phrase the main questions you ask each witness in a way that will advance the defense theory of the case. | ||
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| + | 5. If there is evidence that hurts your accused, 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. | ||
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| + | == Examination in chief and cross-examination == | ||
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| + | '''Questions to Consider''' | ||
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| + | Regardless of whether the legal aid lawyer is preparing for examination in chief or cross-examination, he should prepare his inquiry by answering the following questions: | ||
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| + | 1. What is the overall theory of the case? | ||
