An examiner can ask leading questions of a hostile witness because he is seeking answers to questions this person is unwilling to give voluntarily. However, this can only be done on cross-examination. Asking leading questions on direct examination is considered "coaching" the witness to provide a certain answer.
Yes, leading questions are usually allowed during cross-examination. The purpose of cross-examination is to challenge the witness's testimony and credibility, and leading questions can help steer the witness toward a particular line of questioning or point.
Direct examination is conducted by the attorney calling the witness. Most types of leading questions are not allowed during this round of questioning.
Direct examination is when the witness is FIRST questioned in court by an attorney (usually their own lawyer), when he is questioned by the opposing side it is called "cross-examination."
A. create doubt @
To write a cross-examination that effectively challenges a witness's testimony, focus on asking pointed questions that highlight inconsistencies, contradictions, or gaps in their story. Use leading questions to guide the witness towards admitting weaknesses in their testimony. Additionally, be prepared with evidence and facts to support your line of questioning. Remember to remain composed and respectful during the cross-examination to maintain credibility with the judge and jury.
Cross-examination is governed by the rules of evidence of the particular jurisdiction. In criminal cases a defendant, through his lawyer, have the constitutional right to confront the prosecution's witnesses. Nevertheless, the questions and scope of cross-examination can be quite limited and lawyers representing each side are permitted to object to questions that are irrelevant, improperly phrased, or lacking foundation. While most people think a good cross-examiner aggressively attacks a witness's veracity, a sophisticated trial lawyer may use cross-examination to elicit favorable facts from a witness in a non-hostile manner. Arguably, cross-examination is the reason for the trial. A trial lawyer may also use cross-examination to clarify a witness's testimony.
During a trial, witnesses are typically questioned by the attorneys through a process called direct examination and cross-examination. The attorney who called the witness asks questions first (direct examination), followed by the opposing attorney who asks questions to challenge the witness's testimony (cross-examination). The judge may also allow redirect examination by the first attorney to clarify any points raised during cross-examination. The questions must be relevant to the case and follow the rules of evidence.
Cross-examination. They will ask the witness questions that seek to discredit the opposition's case.
Cross-examination. They will ask the witness questions that seek to discredit the opposition's case.
If the witness is a Prosecution Witness - the Prosecutor's initial questioning of their own witness is referred to as direct examination.If, after the defense asks that witness questions (known as cross examination), the prosecutor feels the need to re-question their witness again (to clarify certain matters) that is called re-direct examination.
create doubt in the juries mind . . .Added: . . . . and impeach the witness if possible.
create doubt in the juries mind . . .Added: . . . . and impeach the witness if possible.