Difference between revisions of "China Criminal Defense Manual - Questioning the Witness"
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#Prepare your client for the prosecutor's tone. | #Prepare your client for the prosecutor's tone. | ||
#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. | #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. | ||
| − | #Approach expert questions that produce damaging evidence carefully. These questions must be answered directly by the defendant, with no attempt to either evade or explain. The defendant's body language must not convey any effort to evade touchy questions. | + | #Approach expert questions that produce damaging evidence carefully. These questions must be answered directly by the defendant, with no attempt to either evade or explain. The defendant's body language must not convey any effort to evade touchy questions. |
*Evasion makes the client look untruthful. | *Evasion makes the client look untruthful. | ||
*Explanations can become opportunities for a prosecutor to start tearing holes in the defendant's account. | *Explanations can become opportunities for a prosecutor to start tearing holes in the defendant's account. | ||
| − | *Therefore, let the client know that you can return to these issues during re-questioning and clean up some damage. | + | *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. |
#If the defendant 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: | #If the defendant 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: | ||
*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. | ||
