Usually, the witness is initially questioned by the party that called him to the stand for direct questioning. Afterwards, the opposing party may question the witness during cross-examination, often through specific questions or questions that lead to interrogation (note that during direct questioning, provocative questions are not allowed to be asked). When the plaintiff's lawyer or the government has finished questioning a witness, the defendant's lawyer may question the witness. Cross-examination is generally limited to questioning only about issues that were raised during direct interrogation.
During cross-examination, important questions can be asked, since the purpose of cross-examination is to test the credibility of statements made during direct questioning. Another reason to allow preliminary questions is that the witness is often questioned by the lawyer who didn't call him originally, so the witness is likely to resist any suggestion that isn't true. When a lawyer calls an adverse or hostile witness (a witness whose relationship with the lawyer's client is such that their testimony is likely to be harmful) for direct questioning, the lawyer can ask important questions, such as in cross-examination. Interrogating a witness can be very difficult, even for lawyers who have spent a lot of time in court.
The purpose of cross-examination is to create doubts about the veracity of the witness's testimony, especially with regard to the incidents that are discussed in the case. Cross-examination questions are often the opposite of direct exam questions. In a direct interrogation, the witness must be asked open-ended questions that allow him to fully explain his answer. The cross-examination question should be very precise and require only a one-word answer, preferably “yes” or “no”.
Cross-examination in a court of law is the lawyer's opportunity to question any witness who testifies on behalf of the opposing party. The prosecutor can cross-examine witnesses who testify on behalf of the defense, and defense attorneys can cross-examine witnesses who testify on behalf of the prosecution. The purpose of cross-examination is to check the credibility of the statements that the witness made during the direct interrogation. Save that information for when your lawyer asks you questions in the direct interrogation, or for after the opposing lawyer has finished his cross-examination and has an opportunity to clarify his testimony in the redirection.
It provides the party in a criminal trial, through an attorney, with the opportunity to question, challenge and test witnesses called by the opposing party. During the cross-examination, the opposing counsel will ask questions to the witness who appears on behalf of the other party to the trial. For example, if the plaintiff calls a witness, the defense lawyer is likely to question that witness. If you are going to be called to testify in a criminal case, it's important that your testimony be brief and direct.
In fact, in all but a few cases, most criminal attorneys advise their clients not to testify at trial, precisely because they could be questioned by a prosecutor with the intention of convicting the accused and sending him to jail. Opposing counsel may object to certain questions that are asked during cross-examination if the questions violate state evidence laws or if they relate to issues that were not discussed during direct questioning.
Just Criminal Law's team of criminal
defense professionals is ready to help you if you're facing criminal charges. If you are a defendant in a criminal trial, your lawyer will have the opportunity to question the prosecution witnesses against you.Sometimes a good cross-examination isn't defined by the questions you ask, but by the questions you avoid asking. .
