Download e-book for kindle: Advocacy by David Ross

By David Ross

ISBN-10: 0511080859

ISBN-13: 9780511080852

ISBN-10: 0521611172

ISBN-13: 9780521611176

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No leading questions [4030] Leading questions are not permitted in evidence-in-chief. 1 Examination-in-chief 37 [4035] There is the further exception of permitting a denial of a central allegation. Sexual assault cases provide a good example of this exception. 2 [4040] The advocate can direct a witness to an issue. So, again in a sexual case, no fault was found in the following question asked in evidence-in-chief. 3 Some books contain long lists of exceptions. In general they are just examples of directing a witness to a particular topic.

The undermining must be on a question of fact. 6 One witness might say that you can see very little from a particular position. When an eyewitness comes to give evidence of seeing an incident from that position, the fact-finder may have real doubts about the accuracy of the evidence or even its truth. [5045] These are the main aims or objectives of a cross-examination. The techniques that advocates employ to achieve these aims are outlined in the next chapter. It is worth noting that there is not a specific technique for any given aim.

Though you may find it difficult, refrain from making notes while a witness is giving evidence. From the outset you should try to emulate the methods of good advocates. Leading questions [5110] Leading questions can be asked in cross-examination. However, they should not be asked as a matter of course. A good advocate will mix leading with non-leading questions. The witness who is inclined your way should need few leading questions. A witness of dubious credit may not be asked too many leading questions at all, for that may arouse the sympathy of the jury for the witness.

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Advocacy by David Ross

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