Developing direct and
cross examination questions 4.
All of these issues are intellectually interesting and fascinating — but intellectual interest and fascination must give way to the practical realities of the courtroom, where direct and
cross examination questions are the vehicles by which the differences are teased out, exposed and brought to the attention of the fact finder.
Before I became aware of the under oath requirement for interrogatory answers — and therefore typically received and accepted answers that were not under oath — a response to such
cross examination questions regarding interrogatory answers would be met with «those are my attorney's answers, not mine,» or even «those are my attorney's answers; I never saw them,» the inference being that the opposing party had no responsibility for these answers.
By accepting the certificate of analysis into evidence without first allowing defense voir dire /
cross examination questioning of the machine operator accepts that attestation clause as reliable without allowing the defendant not only to challenge not only whether the witness is reliable, credible and with sufficient recall, but also to challenge whether the witness properly and according to DFS procedure operated this claimed sophisticated piece of machinery that thusly requires a commensurate level of sophistication in understanding the machinery and using it.
Consequently, for a judge not to allow defense voir dire /
cross examination questioning of a prosecution witness before a damning exhibit is allowed into evidence, presents not only a Due Process issue but also a possible perception of pro-prosecutorial bias of the judge, whether or not that bias exists, at least in the eyes of laypeople watching the trial, when a critical element of a sufficiently functioning judicial system is for the public to perceive judges as following their oaths of office.
No judge should allow such certificates into evidence on the prosecutor's motion before allowing defense voir dire /
cross examination questioning of the operator of the Intox EC / IR II machine that was used on the defendant to test his breath alcohol content.
Not exact matches
The jury does pay attention to witnesses when they're in the witness chair, not only on the substantive responses to a
question but the body language, the demeanor, and how they respond to
cross examination by the other side's lawyer.
Howe was
questioned for two days by a prosecutor before Bohrer began
cross examination with
questions about the truth.
Liz will update with analysis shortly and I will try to post the video of the «
cross examination» portion in which the candidates asked one another a
question.
A lawyer, skilled in the art of
cross examination, can call into
question the accuracy and the meaning of the observations.
Following the direct
examination of a witness,
cross examination is the follow - up
questioning («
examination»).
A
question on
cross examination may look something like «Dr. Smith, isn't it true that you and Mr. Doe are childhood friends?»
With a pointed
question in
cross examination, or a few brief submissions, Marisa disarms her opponents and draws the adjudicator's attention to what really matters.
I believe this is very analogous to for instance the
questions asked in a
cross examination.
The purpose of
cross ‑
examination is to allow you to
question the witness about testimony you disagree with and to allow you to possibly have the witness give some testimony that would support your case.
The lawyer also has to prepare the surety for the type of
questions that the prosecution is likely to ask them in
cross -
examination.
This leeway does not allow you to harass the witness or ask unrelated
questions, the Judge will stop you if you attempt to do this during your
cross examination.
Changing colors with my stylus, I make notes about
questions to ask in
cross examination.
You may ask them
questions on
cross examination.
The
cross examination of the complainant exposed some inconsistencies in her version of events and raised
questions with her credibility.
As Mrs Justice Roberts remarked in Cooper - Hohn: «A party may well feel constrained in answering
questions or providing transparent answers during the course of
cross examination if he or she believes that what is said will be on the nation's breakfast tables the following morning... this goes far beyond issues of price sensitive information which might affect the share price of a publicly quoted company.
In general, you can't ask your own witness a leading
question, but you may do so toward a hostile witness on
cross examination.
The community forums will not be adversarial, individuals will make their presentations directly to the commissioner and although
questions may be posed to participants by the commission counsel and the commissioner, there will be no
cross examination.
Students will be given the basic facts and then will develop their own
questions for direct and
cross examination.
On
cross examination you can make the responder look silly by
questioning him or her about the obvious evasion.
Frequently, when the attorneys are finished with the
examination and
cross, the judge just might have some
questions of his or her own.
Effective Presentation of the history, of how this happened, that exposes parental alienation that is keyed to the child presently as well as for the future through asking (
examination /
cross examination) the right
questions and citing relevant research so the court gets the proper information in order to make informed decisions.