why does the assistant attorney questions the witness

Why is the assistant United States Attorney not answering my questions?

Jun 10, 2015 · The Assistant United States Attorney may ask the court to dismiss a case that has been filed in court. The Assistant United States Attorney may do this because the court will not allow critical evidence to be part of the case, or because witnesses have become unavailable.

How does plaintiff’s Attorney take advantage of the witness?

Oct 14, 2014 · If you wonder “why” you are testifying in a particular case, ask the Assistant Commonwealth’s Attorney handling it (or your Victim Advocate); there is probably a common-sense reason. Your presence and willingness to testify may be the deciding factor in determining what will be done in the case.

When to question your first witness in a criminal case?

Chicago, Illinois. It’s your first trial and the parties have already given their opening statements. Now, it’s time to question your first witness. Depending upon whether you are the prosecutor/plaintiff’s attorney or the defense attorney, the questions you will be asking your first witness will be on either direct or cross-examination.

Do prosecutors and other lawyers ask questions of witnesses?

The prohibition against leading questions on direct examination forces lawyers to ask non-suggestive questions instead. So, a prosecutor can't guide the testimony of a prosecution witness too much. The prosecutor has likely spoken to the witness before testimony begins and prepared him or her at least somewhat.

What is it called when the lawyer questions the witness?

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.Sep 9, 2019

What is the purpose of questioning witnesses?

To discredit the witness. This approach is used so the judge will minimize or disregard evidence or comments that do not support your case. You can do this by bringing into question their memory or their truthfulness. Show that they may be biased or that they are inconsistent with their story.

What does it mean to question a witness?

When you question your own witnesses, this is called direct examination. On direct examination, you will usually only be allowed to ask open-ended questions that do not lead your witnesses in a certain way or influence their answers. “Leading questions,” where you suggest the answer to the question, are not allowed.

Do you have to answer questions on the witness stand?

Prepare to answer all questions truthfully. If you spoke with a police officer, other witnesses, or anyone else, say so. Tell the truth while you are on the stand, and do not worry about anything else.

What are the obligations of a witness?

Witnesses have an obligation to provide truthful testimonies during a pre-trial investigation and the subsequent trial. Witnesses can refuse to testify only under certain circumstances, such as client confidentiality or incriminating oneself or a family member (click here for a full list of such circumstances).

What to say when you are done questioning a witness?

Your witness must answer each question truthfully. It is okay for the witness to say, “I don't know” or “I don't remember” if those are truthful responses. When your adversary is done, and the judge has no further questions, your witness is done. The judge will ask the witness to leave the courtroom.

Why leading questions are not allowed?

In a court room, the use of leading questions is frowned upon, because people believe that they compromise the witness and potentially taint the evidence which he or she provides.

How do you discredit a witness?

So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

What does leading the witness mean?

1) v. short for "leading the witness," in which the attorney during a trial or deposition asks questions in a form in which he/she puts words in the mouth of the witness or suggests the answer.

What happens if a witness refuses to answer questions?

When you're on the witness stand, if you refuse to answer a question posed to you, the judge may hold you in contempt of court. The judge has the discretionary power to have people found in contempt fined or even put in jail for a (usually short) period of time.

Can you refuse to answer under oath?

Can I refuse to answer questions at a deposition? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).Jan 22, 2020

Can witnesses refuse to answer questions?

A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment.

How to be a good witness in court?

Dress neatly! A neat appearance and proper dress in court give an important first, and lasting, impression. Conduct yourself in a dignified manner! The trial of a criminal case is a serious matter. Be prepared! You should know days or weeks ahead of time that you will be testifying in court.

What to do if you are victimized?

If you have any fears or receive any threats concerning your involvement in a case, you should immediately contact the law enforcement agency that investigated the case, or the Office of the Commonwealth’s Attorney.

How to prepare for a witness test?

Preparation of the witness for examination is as important as the attorney’s preparation for the examination. Review every question and exhibit with the witness. Ask the witness what exhibits she believes would be helpful in explaining her testimony. Inform the witness that after direct examination she will be cross-examined by opposing counsel but that on redirect examination she will have the opportunity to explain the answers she did not have an opportunity to explain during cross-examination. Review the likely points of cross-examination to avoid as much surprise as possible. Tell the witness to show respect for the system and all involved. Instruct the witness to speak clearly, loudly, and to the jury. The witness should speak, dress, and act appropriately. It is important to remember that how a witness testifies is as important as the substance of their testimony. Show the witness the courtroom. If possible, have the witness watch part of a trial to become generally familiar with the process. Review all procedures with the witness. Hopefully, if you follow these suggestions, the witness will be both prepared and comfortable.

What is the focus of a witness?

Focus Is On The Witness And Her Testimony. During direct examination, the witness, not the attorney, should be the focus of the jury’s attention. You are calling this witness because she supports at least some, if not all, aspects of your case.

Why should you avoid leading questions?

First, leading questions are not allowed on direct examination except in limited circumstances such as in the case of an adverse or hostile witness or a very young witness. Second, the use of leading questions will have the negative effect of shifting the jury’s focus from the witness and her answers to you and your questions. Finally, the use of leading questions reduces the credibility of the witness. If you use leading questions on a regular basis, it will be as if you are testifying, not the witness. Even if opposing counsel and the judge allow you to use leading questions, the jury will not appreciate this approach and will no doubt question the credibility of the witness.

How to establish credibility of a witness?

The jury must believe the witness. To establish the credibility of the witness, develop those aspects of her background that show she is honest and qualified. For expert witnesses, establish the witness’ qualifications to show that the witness has the knowledge which forms the basis of her opinion testimony. Cases often boil down to a battle of the experts. When one expert witness is more qualified in the eyes of the jury than the other expert witness, the case often turns on that determination. For fact witnesses, be sure to establish that the witness had the opportunity to know the facts she claims to know. For example, establish that an eyewitness to a motor vehicle collision had the “opportunity” to observe the collision. Establish that the witness’s view was unobstructed and that the witness was in a place at a time that allowed her to view the relevant events.

Why is detail important in establishing credibility?

You have heard the expression “I have got to see it to believe it”. Eliciting detail from a witness as to what that witness observed paints a picture of what occurred and helps the jury “see it” and therefore “believe it”. However, elaborate detail should only be elicited as to important points. Detail as to unimportant points will only serve to confuse the jury and allow opposing counsel an opportunity to impeach the witness’s credibility on minor inconsistencies.

What is the purpose of cross examination?

Cross-examination has essentially two purposes. The first and primary purpose of cross-examination is to elicit testimony that supports your case . The second purpose, which is discussed in more detail below, is to attack the credibility of the witness or the witness’s testimony.

What happens if you look hurt by a witness?

If you look hurt by a particular answer, the jury will know you are hurt. If you move on without any sign of being hurt, you will at the very least reduce the impact of the unexpected testimony.

Question

When they're depicted on television, prosecutors and other lawyers are often aggressive and seem to make statements to, rather than ask questions of, witnesses. Is this how it goes in a real courtroom?

Answer

On direct examination, lawyers generally can't ask leading questions. A question is leading if it suggests the answer. For example, "You couldn't see very well, could you?" or, "Did you get to the scene at 8 p.m.?"

What are the responsibilities of a witness?

Witness Responsibilities. As a witness you have a very important duty to perform. In order for a jury or a judge to correctly decide the facts of the case, evidence must be presented in a truthful manner. This obligation of citizenship is essential to our American system of justice.

What is a subpoena for a witness?

Your subpoena is simply a court order directing your appearance at the time and place stated. Once you have been subpoenaed you are required to appear as ordered until excused.

How to testify in court?

Be Attentive. Speak clearly and loudly. Everyone in the courtroom must be able to hear what you have to say. Although the experience of testifying is unnerving, the judge and jury can only consider what they are able to hear and may judge your truthfulness by the confidence in your voice.

What to do if you don't know the answer to a question?

If you don't know the answer to a question, say so. If you don't understand the question, don't try to answer, but ask that it be explained. Stop instantly when the judge interrupts you, or when an attorney objects to a question. Wait until objections are ruled on before answering.

What happens if you are subpoenaed?

Once you have been subpoenaed you are required to appear as ordered until excused. Failure to appear may be regarded by the Court as contempt. It is very important that you communicate with this office if you cannot appear as directed. As a witness you have a very important duty to perform.

What does it mean to be a witness?

When you are acting as a witness, you will be dealing with two attorneys (the prosecution and the defense) each of whom have a legal obligation to do whatever is in the best interest of their client, even if this means attempting to trap you into a lie or spin your involvement in the event to appear differently than the truth. Having an attorney of your own will help protect your interests throughout this experience.

What happens if you give inaccurate information to the court?

When you are a witness you will need to swear to tell the truth, the whole truth, and nothing but the truth, and the courts take that very seriously. Having an attorney with you can help ensure you are answering honestly so the courts don’t think you are lying or withholding information.