who does the defense attorney cross examinate

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How does a criminal defense attorney conduct a cross-examination of an expert?

Before conducting the cross-examination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as well as the basic principals of forensics . Case: United States v. Perez-Amaya

What kind of questions should a defense attorney ask on cross?

On cross, the attorney should be asking questions that develop the defense's theory of the case theory of the case. Cross may be the defense's only opportunity to present important facts, inferences and impressions.

What is a cross examination in law?

Cross-Examination After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination.

Can a defense attorney impeach a witness in cross examination?

Or impeachment may be direct, which is typical in cross-examinations or even direct examination (if permissible.) Cross-Examination is one of the primary places that a defense attorney can impeach a witness.

What is cross-examination by defense?

Cross-examination is an opportunity for the defense attorney to question the prosecution's witnesses during a trial. Cross-examination is an effective way for the defense to present evidence by using government witnesses.

Who performs the cross-examination?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

Who cross examined the witness?

In civil and criminal cases, the judge has the power to summon witnesses as court witnesses and examine them. They can be cross-examined by both the parties as provided in Section 165, Evidence Act. Such cross-examination is not restricted to the points on which he has been examined by the court.

Why do lawyers cross-examine?

With constructive cross-examination, the lawyer seeks to get helpful testimony from the witness. Such testimony can corroborate the testimony of one of your witnesses or impeach another witness, either or both of which may be helpful to your case.

Can a defendant be cross-examined?

If you are a defendant in a criminal trial, your attorney will have a chance to cross-examine the prosecution's witnesses against you. If you are a witness for the defense, or the rare defendant who testifies on his one behalf, you will be subject to cross-examination by the prosecutor.

What is the role of Defence lawyer?

A criminal defence attorney is responsible for putting together an effective defence and developing a winning strategy for their clients. As the accused's advocate and drafter, he must prepare, file, and argue on their behalf. Negotiating a plea bargain with the prosecution is part of a lawyer's job description.

Who examines the witness in the court?

The examination of a witness by the party who calls that witness is called the Examination-in-Chief. The examination is only confined to relevant facts and leading questions are not asked.

Can a defendant cross-examine another defendant?

A defendant may cross-examine his co-defendant who gives evidence or any of his co-defendant's witnesses if his co-defendant's interest is hostile to his own.

Does the prosecution cross-examine?

This is critical because the defendant's witnesses may provide the last testimony heard by the jury prior to closing argument. However, the prosecutor can make use of cross-examination to ensure that some of that evidence either bolsters the State's case or undermines that offered by the defense, or, better yet, both.

What questions Cannot be asked in cross-examination?

Section 142 does not mention asking leading questions during cross-examination. But, Section 143 states that leading questions can be asked even in cross-examination. Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party.

Who are the liar type of witnesses?

Hostile & Untrustworthy – These types of witnesses purposely lie in an attempt to disrupt the investigation. If it has been determined that this person is lying, the next step should be to find out why.

How do you cross-examine an accused?

In cross-examination, you need to:Ask questions, rather than making statements.Keep your questions short and to the point.Try and ask questions that have a 'yes or no' answer. ... You must put your version of events to the prosecution witnesses.Make sure you don't argue with or insult the witness.

What is the right of a defense attorney to cross-examine a witness?

The approach a defense attorney takes when cross-examining a witness is a strategical decision that is based on a number of factors.

What is the role of cross-examination in a trial?

Before discussing the role of cross-examination in a trial it helps to go over some trial basics. Before a criminal case goes to trial, the State is required to “discover” to the defense any evidence it plans to use against the defendant as well as the names of all witnesses it plans to call to testify at the trial.

Why do defense attorneys ask witnesses questions?

The defense attorney asks the witness questions, as if at trial, to find out how the witness will testify at the subsequent trial. Because a deposition is recorded, and the witness is placed under oath, it can be used to impeach a witness who testifies differently at trial.

What is the purpose of a deposition?

This allows the defense the opportunity to find out the purpose of a witness’s testimony ahead of time through the use of a discovery tool known as a “deposition.”. A deposition occurs outside of the courtroom; however, the witness is put under oath, subjecting the witness to the penalties of perjury for not telling the truth.

What is the most important decision you will have to make during the prosecution of your case?

When you are charged with a criminal offense, one of the most important decisions you will have to make during the prosecution of your case is whether or not to take your case to trial. If you have never been through a criminal trial before, you likely have a number of questions relating to what happens at a trial.

Who bears the burden of proving the defendant guilty beyond a reasonable doubt?

Defense Attorneys and Cross-Examination. In any criminal prosecution, the prosecution bears the burden of proving the defendant guilty beyond a reasonable doubt. To do that, the State must prove each and every element of the offense involved.

Is cross examination a leading question?

Unlike direct examination, cross-examination can be “leading.”. In layman’s terms, this means that the defense attorney can attempt to elicit a specific answer putting essentially putting words in the witness’s mouth.

Who conducts cross examinations?

The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

What does cross examination mean in court?

During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examina tion. For example, if the witness said one thing in an accident report or during a deposition and then testified differently at trial, the defendant's attorney can refer to the previous statements and show inconsistencies in the story.

What can a lawyer ask a witness to testify about?

During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, including what the weather was like, what happened during the accident, and any other details the witness remembers from the day.

What happens after a witness is cross-examined?

After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.

What is the purpose of a direct examination?

The purpose of a direct examination is to get the witness to testify about facts that support the plaintiff's case. Generally, a witness can't give an opinion or draw conclusions from the evidence unless that person has been qualified as an ...

How to undermine a witness's credibility?

Another way to undermine the witness's credibility is to show that the witness has a stake in the outcome of the case, which might influence the testimony.

What happens when a defendant calls witnesses?

The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

What is the basis of defense expert opinion?

The Basis of Defense Expert's Opinion. During cross-examination, a witness may be asked upon what authorities the opinion is based. If the expert bases his opinion on scientific works he may be cross-examined on those authorities for impeachment purposes.

What is the big picture in cross-examination?

The big picture on cross-examination of defense experts is that you must leave the fact finder with an impression that the defendant's case is weak. It is not necessary to take the expert to task on every issue. Instead, pick the points you can win handily.

What is a notice of deposition?

The notice of deposition should include a rider that requires the expert to produce their entire file, including all letters, reports, depositions, and materials they have reviewed and any notes they have generated. These documents will provide insight into an expert's thought processes.

When is the use of the deposition to impeach effective?

The use of the deposition to impeach is never as effective when the wording of the trial question is different than the wording of the question at deposition.

Do you have to ask extra questions at trial?

As a general rule, you are more likely to regret the questions you did not ask, not the extra questions you asked and do not need to use at trial. However, on rare occasions, you may refrain from a line of questioning to avoid alerting the expert to certain trial questions.

What is the art of cross examination?

The Art Of Cross-Examination. By Gerald A. Klein. While direct examination may be the hardest – and most important – part of any trial, cross-examination is usually the most fun. Unfortunately, most lawyers do not cross-examine witnesses well and forget that the purpose of cross-examination is not simply to attack an adversary, ...

How long does it take to cross-examine a witness?

The overwhelming majority of witnesses can be cross-examined in 30 minutes or less even in very complicated cases. Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct.

What happens if an attorney cannot find the point of impeachment?

Worse yet, if the attorney cannot find the point of impeachment while the jury is waiting, the attorney looks silly and the witness looks even more credible. Effective cross-examination requires the cross-examining attorney to be able to challenge an incorrect answer in a moment’s notice.

Why do you ask questions of witnesses?

Asking no questions of a witness can minimize the importance of that witness in the juror’s eyes , as you obviously did not feel the testimony was significant enough to challenge.

What happens when you ask an open ended question?

When you ask an open-ended question, or a question where you do not know what the answer will be, the witness may hit that question out of the ballpark. The only exception to asking a question where you do not know what the answer will be is where no answer could possibly help the witness.

Can a lawyer make up cross examination?

There are a handful of lawyers who are so gifted, they can make up cross-examination as they go. More likely than not, you are not one of these lawyers. Usually, attorneys who “wing it” on cross-examination are ineffective – or worse – become victims of their own questions.

Do you disappoint your jury?

Jurors have come to expect that one of the fun parts of watching a trial is watching effective cross-examination from a skilled attorney. Do not disappoint your jury.

Why do prosecutor ask narrow questions?

They typically ask narrow questions intended to force the witness to provide certain information. Prosecutors use this tactic, too. Of course, defendants and their witnesses must testify truthfully at all times. But they must be careful to avoid going along with misleading information in a prosecutor's leading questions.

Does Carson agree with the cross-examination?

The question is leading but proper. The theory is that since Carson is likely to be hostile to the cross-examiner, he won't agree if the information is false. If Carson had two whiskeys—not three—within the half hour in question, he would simply answer, "No.". Talk to a Lawyer.

Who conducts cross examinations in drug cases?

Summary :Defense counsel James G. Connell conducts a thorough cross-examination of a government cooperating witness in a federal drug conspiracy case. As is often the case with federal prosecutions, the Government relies primarily on testimony from former co-defendants or associates of the accused who are being offered sunstantial leniency in exchange for testifying against the defendant. Of note, is is often the case, is that the government cooperator does not want to admit that is being virtually guaranteed leniency, or that it matters to him if the accused is convicted. He essentially pretends to believe that he has no idea what sentence he will receive. The cross examination exposes, as much as possible, the fact that the government cooperator actually knows he will be heavily rewarded by the prosecutors for helping them to secure a conviction.

Who conducts a direct examination of a police detective?

Summary: The Assistant Commonwealth’s Attorney conducts a direct examination of a police detective (at a preliminary hearing, not a trial), qualifying him, without objection, as an expert in “gang activities” specifically in “MS-13 activity in Northern Virginia”.

Why is the qualification section of the direct minimal?

The qualification section of the direct is minimal, most likely because it was conducted only to establish probable cause, and not at a jury trial. Of note is that the testimony is not of a scientific or forensic nature, but based on the detective’s hand-on experience in working gang cases.

Is the transcript a pre-trial hearing?

Summary :This transcript is a direct and cross examination of an alleged rape victim. It is not a trial transcript, but a pre-trial hearing. Therefore, the questioning is not as confined as it might be at a trial. The alleged victim met the two defendants at a Washington, DC nightclub.

Is a crime scene specialist a sworn police officer?

In the case, the crime scene specialist is not a sworn police officer.

Is conclusive fingerprint evidence admissible?

While there is a substantial literature arguing that conclusive fingerprint match es are wholly unscientific, such testimo ny is so historically accepted it is generally admissible. Sample Cross-Examination of Fingerprint Expert.

To maintain witness control, you must ask good questions and follow these rules

Prepare and have your impeachment resources available (prior statements, learned treatises, journal articles, etc.);

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Below is a transcript from the YouTube video Cross-Examination Techniques – Part 1: Controlling Difficult Witnesses on Cross-Examination

You are about to learn how to control hostile witnesses or difficult witnesses on cross-examination. Regardless of your skill level, it’s essential to put aside what you think you know. There’s always more you can learn.

What is cross-examination in law?

On cross-examination, an attorney typically questions a witness presented by the opposing party. An opposing party’s expert witness can be expected to have offered opinions and conclusions that favor that party’s view of the case.

Why is cross-examining witnesses difficult?

The primary difficulty in cross-examining expert witnesses, however, is that the expert has far more knowledge and expertise in the technicalities of the subject matter than the attorney does. While an attorney cannot reasonably be expected to know an expert’s field as well as the expert, an attorney should know the facts of the case as well as, ...

How to show the jury that your expert has nothing to hide?

Prepare your expert to summarize their conclusions at the end of direct examination. Consider using visual aids to boost the jury’s memory of these conclusions and the key facts that led to them.

Why is an expert witness required to be recognized before they are allowed to render opinions?

Because the Federal Rules of Evidence and corresponding state rules require an expert witness to be recognized as such before they are allowed to render opinions, the organization of your direct examination is crucial.

What is the advantage of direct examination?

The advantage of direct examination is that the attorney has (hopefully) met or worked with the expert prior to trial. During this collaborative preparation, the attorney has the opportunity to explore the expert’s opinions in depth, confirm that the expert’s opinions are inline with their case theory, and help the expert witness refine their ...

Why do jurors use visual aids?

For instance, use of visual aids can help jurors remember key points. Using an expert’s visual aid during cross-examination can be particularly valuable. Imagine, for example, an expert who writes out their key findings on a whiteboard, only to face an attorney who writes out key weaknesses, exceptions and caveats on the same whiteboard as these ...

What is the purpose of a well-crafted exploration of credentials?

A well-crafted exploration of credentials, however, can help a jury appreciate or even admire an expert as one of the top minds in their field. Once the witness is qualified, direct examination should lead the judge and jury clearly through the expert’s opinions and the basis for them.

Direct Examination

Cross-Examination

Challenging Witness's Credibility on Cross-Examination

Redirect and Recross Examination

Defense's Case

• Once the plaintiff's attorney has called all of the plaintiff's witnesses, the defendant's attorney begins calling witnesses. The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

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