Questioning Witnesses Miss Getsch Crime and Justice.

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Presentation transcript:

Questioning Witnesses Miss Getsch Crime and Justice

Basic Rules  Write out all questions beforehand in the order you will ask them.  Direct Examination: open-ended questions  Cross Examination: close-ended questions  You may only ask about facts that have been entered into the record.  Keep it simple (KISS)

I. Direct Examination

C. Ask short open-ended questions. D. Start your questions with: who, what, where, when, why E. When a witness doesn’t understand the question, take the blame and ask another way. F. Ask follow-up questions G. YOU CANNOT LEAD THE WITNESS!

II. Cross Examination A. GOAL: to limit the damage of the witness and get them to help your story B. Lead the witness with close-ended questions: 1. What time did you arrive? 2. Do you live at…? C. YOU CAN LEAD C. YOU CAN LEAD THE WITNESS!

III. Impeachment A. GOAL: to damage the witnesses credibility (believability) B. How do you do it? 1. Use the original statement they made and point out inconsistencies. 2. Lead the witness with close-ended questions!! Do not allow them to talk on and on!! C. You impeach on Cross Examination only!

IV. Courtroom Behavior A. Stand to address the judge ALWAYS! B. Address the judge as “Your Honor” C. Shake hands with the opposing side before and after the trial.

V. Objections A. During Opening Statement 1. Arguing the law 2. Discussing inadmissible facts 3. Misstatements of the law 4. Expressing personal belief about the evidence

V. Objections B. During Direct Examination 1. Leading the witness 2. Not relevant 3. Hearsay 4. Calls for Speculation 5. Asked and answered 6. Assumes facts not in evidence 7. Lack of personal knowledge (no foundation)

V. Objections C. During Cross Examination 1. Beyond the scope of direct 2. Hearsay 3. Asked and answered 4. Assumes facts not in evidence 5. Argumentative

V. Objections D. During Closing Statement 1. Facts not in evidence 2. Misstatement of the facts 3. Misstatement of the law 4. Stating personal belief 5. Asking jurors to place themselves in the victim’s/defendant’s position