Courtroom Questioning

Courtroom Questioning

In law, the truth and only truth is sought for by hook or by crook by legal parties and the victims of a crime.

The use of exacting questions (courtroom questioning)—thrown by both the Crown Prosecutor (legal party that presents a case against the possible guilty party) and Defense Counsel (attorneys, lawyers, or barristers representing individuals facing charges)—toward an individual potentially guilty of a crime becomes a critical portion of a trial. It is a methodical approach, a step closer to drawing out the truth, and hearing an accused’s, witness’s, or victim’s side of the story.

For this reason, courtroom questioning through direct examination and cross examination come of vital aid to unearth the events that have transpired during a crime.

Direct examination is the method of questioning a witness by the party who has called this witness to provide evidence for it. During this process, the lawyer is only permitted to ask questions that allow a witness to give information they have knowledge of, as a manner of supporting the case at hand. The defendant’s attorney is able to make objections to the testimony of the witness.

Examples:

“Isn’t it true that you accompanied Mrs. Dalloway to the market?”

“Your name is John. W. Wright, is it not?”

During this portion of courtroom questioning, a witness may be asked to pinpoint evidence from pictures and documents. However, a witness is not permitted to give their conclusion of the matter with the evidence presented unless he/she is an expert witness.

Cross examination comes right after direct examination. In this second process, the testimony will begin to develop and more objectives of the trial are achieved. The witness will be questioned by the opposing party that has requested the individual to testify. Cross examination is necessary in evaluating the truth behind the individual’s testimony. The lawyer will attempt to reveal that the witness is unreliable, debasing his/her credibility.

Examples:

“You exited the building at around 5:15 pm, isn’t that correct?”

“Is it true that you failed the drug exam twice?”

In addition, a leading question is a form of questioning that elicits the desired answer. Generally, leading questions are only allowable during the cross-examination stage.

The difference between a direct examination and a cross-examination is the individual who testifies. With direct examination, a lawyer is responsible for asking open-ended questions, allowing a witness to testify. When it comes to cross-examination, the defendant will be testifying.

The search for justice in a grave or less criminal offense against a fellow citizen is crucial. We, humanity, are equal, and thus, each of us behold the equitable bearing of rights and moral codes.

References

Schoolworkhelper. 2016. “Courtroom Procedures: Questions and Objections.” Accessed January 30, 2017. http://schoolworkhelper.net/courtroom-procedures-questions-and-objections/.

Research Lawyers. 2017. “Direct and Cross Examination of Witnesses.” Accessed January 30, 2017. http://research.lawyers.com/direct-and-cross-examination-of-witnesses.html.

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