How an attorney can use cross-examination to effectively control the testimony of a witness?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is …

Why is cross examining a witness important?

Politely, keep the witness honest. If he/she will not answer the question be prepared, politely to take them back to it. If having been given two chances to answer the question, then leave it and move on.

Can you admit evidence on cross-examination?

Only use cross examination for the introduction of exhibits, however, when an opposing witness is the only one able to lay the proper foundation for an exhibit. Admitting exhibits during cross examination is difficult and should be avoided if possible.

Why is it important for defendants to cross examine a witness?

Constitutional Basis and Purpose To ensure that witnesses would testify under oath and understand the serious nature of the trial process; To allow the accused to cross-examine witnesses who testify against him; and. To allow jurors to assess the credibility of a witness by observing that witness’s behavior.

What is the purpose of cross-examination?

Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.

What is the scope of cross-examination?

(b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.

How can you prove someone is lying in court?

Bring up contradictory statements the witness said in a deposition. The most common way to prove a witness’s testimony is false is through a deposition, which is an interview under oath, usually conducted by attorneys. Depositions are rare in family court proceedings.

What is the purpose of cross-examination in court?

The purpose of cross-examination is to create doubt about the truthfulness of the witness’s testimony, especially as it applies to the incidents that are at issue in the case.

How do you prove a witness is biased?

A witness may be biased by having a friendly feeling toward a person or by favoring a certain position based upon a familial or employment relationship. E.g., State v. Santiago, 224 Conn. 325, 332, 618 A.

What is true about a cross-examination?

How to use cross-examination effectively?

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. Generally, the longer cross-examination goes on, the less effective it is. Step 5. Know When to Stop.

Can a witness be cross examined without asking a question?

But, often, cross-examination will add nothing to your case. If cross-examination of a witness does not help your case, then let the witness go without asking a question. Asking a few harmless questions of a witness only suggests to the jury you believe the witness is worth questioning.

What are the powers of cross examination in criminal law?

This section gives wide powers to the cross-examiner beyond the facts in issue. The main aim of cross-examination is to find out the truth and detection of falsehood in human testimony. It is designed to destroy of weaken the force of evidence of the witness.

Can a lawyer make up cross-examination as they go?

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.