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Questioning a Witness

Questioning a Witness. Remember…. STEP 1: EXAMINATION IN CHIEF (Crown). Crown questioning its witnesses Cannot ask leading questions a) Are questions that indicate an answer b) Generally yes or no questions. STEP 2: CROSS EXAMINATION.

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Questioning a Witness

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  1. Questioning a Witness

  2. Remember…

  3. STEP 1: EXAMINATION IN CHIEF (Crown) • Crown questioning its witnesses • Cannot ask leading questions a) Are questions that indicate an answer b) Generally yes or no questions

  4. STEP 2: CROSS EXAMINATION • After Crown is finished, defence cross-examines the Crown’s witnesses • May ask leading questions • Witness credibility a factor • Crown may re-examine witness regarding points brought up by the defence • Defence might be allowed to re-cross-examine

  5. STEP 3: EXAMINATION IN CHIEF(defence) • Like Crown examination in chief, must be open-ended questions • i.e. what happened? When? Who was he with? • Can’t ask questions to your own witness or it’s leading an improper

  6. STEP 4: CROSS EXAMINATION (Crown) • Crown may cross-examine defence’s witness • Asks leading questions that gets them to say yes or no (i.e. isn’t it true you drank 10 classes of wine on Tuesday?) • Defence may then re-examine the witness • Crown may make a rebuttal • Defence may make a surrebuttal (evidence to counter the Crown’s rebuttal evidence)

  7. Steps in questioning summarized 1) Crown examination in chief 2) Defence cross-examination 3) Crown may re-examine witness 4) Defence may recross-examine with judge’s permission 5) Defence presents evidence 6) Crown may cross-examine witness 7) Defence may re-examine witness 8) Crown may make a rebuttal 9) Defence may make surrebuttal

  8. What does this comic remind us about witnesses?

  9. Other info about witnesses • Lawyers may pay a witness if they are an expert • Witnesses may be ordered to appear by a subpoena • A witness that fails to appear can have a warrant for arrest issued; can be detained for up to 90 days • Defence can have witnesses who have not yet testified removed from the courtroom • Witnesses must swear an oath (on the Bible) or make an affirmation (formal declaration) to tell truth • Knowingly giving false evidence is a crime (perjury) • Children are given special considerations

  10. The accused • Does not have to take • the witness stand • Jurors often view • failure to take the • stand as an • admission of guilt

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