In a bench trial, yes. In a jury trial, this is up to the jury.
Judges in court during a trial typically ask questions to clarify evidence, assess witness credibility, and ensure fair proceedings. They may inquire about the facts of the case, legal arguments, and the relevance of testimony.
Issues with witness credibility in a trial can have significant implications on the outcome. If a witness is not seen as trustworthy or reliable, their testimony may be disregarded by the judge or jury, which could weaken the case presented by the prosecution or defense. This could ultimately impact the decision reached in the trial, potentially leading to a different verdict than if the witness had been deemed credible.
If a witness says "I don't recall" in court during a trial, it may weaken their credibility and the strength of their testimony. This could impact the outcome of the trial as it may raise doubts about the witness's reliability and the accuracy of their statements.
A redirect examination is when an attorney asks additional questions to clarify issues raised during cross-examination. It allows the witness to explain or provide further details on points that were discussed earlier in the trial. The goal is to strengthen the witness's credibility and testimony.
A trial lawyer may use cross-examination to impeach a witness and, thereby, undermine his credibility; on the other hand, the lawyer may use cross to elicit facts from the witness which are favorable to his side. See below link:
the final round of questioning of a witness in a trial
Yes, the defendant can serve as a witness in the trial, but they are not required to do so.
In state trial courts, a jury serves as a group of impartial citizens tasked with evaluating evidence presented during a trial and rendering a verdict based on that evidence. They determine the facts of the case, assess witness credibility, and apply the law as instructed by the judge. The jury's decision can lead to a conviction or acquittal in criminal cases, or a judgment in civil cases. Their role is fundamental to ensuring a fair trial and upholding the rights of the accused or the parties involved.
The methods of judicial selection for federal appellate judges state appellate and state trial judges
It depends on why the witness is not there, what kind of witness it is, what kind of case it is, and what sort of evidence the witness is expected to give. In a criminal trial, the case may be dismissed if there is no witness. Or the trial may be delayed while law enforcement finds and brings the witness to court (if they are ignoring a subpoena). If the witness is ill or travelling, the case may be continued to wait for the witness. If the witness is not key, the parties may proceed without him/her, or they may shift around the order or witnesses to allow that witness to appear later in the trial.
Peter Oliver was one of the trial judges.
Both direct-examination and cross-examination are important in a trial. Direct-examination allows the attorney to present their case and their witness's testimony, while cross-examination gives the opposing attorney the opportunity to challenge the witness's credibility and testimony. They both serve different purposes in the trial process and are equally important.