Questioning Witnesses

Miss Getsch

Crime and Justice

Basic RulesWrite out all questions beforehand in the order

you will ask them.Direct Examination: open-ended questionsCross Examination: close-ended questionsYou may only ask about facts that have been

entered into the record.Keep it simple (KISS)

I. Direct ExaminationA. GOAL: get the witness to tell the story

and enter all the important facts into the record (evidence).

B. Open-ended questions:1. What did you see?

2. Where were they standing?

3. When did you leave?

I. Direct ExaminationC. Ask short open-ended questions.

D. Start your questions with: who, what, where, when, why

E. When a witness doesn’t understand the question, take the blame and ask another way.

F. Ask follow-up questions

G. YOU CANNOT LEAD THE WITNESS!

II. Cross ExaminationA. GOAL: to limit the damage of the

witness and get them to help your story

B. Lead the witness with close-ended questions:

1. What time did you arrive?

2. Do you live at…?

C. YOU CAN LEAD THE WITNESS!

III. ImpeachmentA. GOAL: to damage the witnesses

credibility (believability)

B. How do you do it?1. Use the original statement they made

and point out inconsistencies.

2. Lead the witness with close-ended questions!! Do not allow them to talk on and on!!

C. You impeach on Cross Examination only!

IV. Courtroom BehaviorA. Stand to address the judge ALWAYS!

B. Address the judge as “Your Honor”

C. Shake hands with the opposing side before and after the trial.

V. ObjectionsA. During Opening Statement

1. Arguing the law

2. Discussing inadmissible facts

3. Misstatements of the law

4. Expressing personal belief about the evidence

V. ObjectionsB. During Direct Examination

1. Leading the witness

2. Not relevant

3. Hearsay

4. Calls for Speculation

5. Asked and answered

6. Assumes facts not in evidence

7. Lack of personal knowledge (no foundation)

V. ObjectionsC. During Cross Examination

1. Beyond the scope of direct

2. Hearsay

3. Asked and answered

4. Assumes facts not in evidence

5. Argumentative

V. ObjectionsD. During Closing Statement

1. Facts not in evidence

2. Misstatement of the facts

3. Misstatement of the law

4. Stating personal belief

5. Asking jurors to place themselves in the victim’s/defendant’s position