[CT] Chapter 7: Direct Examination Flashcards
Direct Examination
when both sides have an opportunity to present proof through witnesses. They establish proof by calling to the stand witnesses who can testify about what they saw, know, or experienced.
Who holds the burden of proof during direct examination?
The state bears the burden of proving the crime beyond a reasonable doubt, and the defense does not need to put any case at all. But, usually they do call on a case and call witnesses.
What does “put on its case” mean?
When they say the attorney puts on its case, it means that they call their witness to the stand.
Open-ended . questions
It allows the witness to state freely what they saw or experienced in relation to the case that hey have been called to testify for.
What happens if the intial questioning goes on too long?
If the intial questioning goes on too long, an attorney runs the risk of losing the instrest of the trier of fact before the really important information is brought out.
True or False?
Open-ended questions = Leading questions
False!
Open-ended questions are not equal to leading questions (yes or no)
When an attorney does direct examination they are asking questions to what witness?
When an attorney does direct examination they are asking questions to “their own” witness, this let’s the witness portary the evidence in the clients favor.
What are the five points to remember when they conduct a direct examination?
1) use simple, carefully chosen language;
2) organize the questions logically;
3) use open-ended questions that allow the witness to explain;
4) do not lead; and
5) ask for facts, not opinions, unless the court has recognized the witness as an expert.