)a lawyer may attempt to undermine a witness’s credibility during which portion of the trial?

by Andrew Marquardt DVM 8 min read

Which statements are admissible in a criminal trial?

Sep 21, 2019 · After the witness's speech, a period of interrogation is opened, where the lawyer can question the witness's allegations when he or she considers that there is some kind of contradiction. Therefore, it is at the cross-examination stage that the credibility of the witness can be undermined. Thanks (4) Useless Answer from: Quest SHOW ANSWER

Can a lawyer cross-examine a witness in federal court?

73. The Appeals Chamber notes that it is normal for a witness who testified in several trials about the same event or occurrence to focus on different aspects of that event, depending on the identity of the person at trial and the questions posed to the witness.[1] Therefore, not every discrepancy may undermine a witness’s credibility.

How does the cross-examination of a witness affect the outcome of trial?

Advocate-Witness Rule. [2] The tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness. The opposing party has proper objection where the combination of roles may prejudice that party's rights in the litigation. A witness is required to testify on the basis of personal ...

What is the difference between a credible witness and a witness?

the credibility of other witnesses, a “defendant open[s] the door . . . when he attempt[s] to undermine” other witnesses’ credibility. People v Ericksen, 288 Mich App 192, 201; 793 NW2d 120 (2010). Defendant maintained throughout his testimony that the other witnesses were lying and that his testimony was truthful.

Is a fact witness's opinions and predictions admissible in court?

A fact witness's opinions and predictions are admissible in court. It is more important for an attorney's opening statements to be persuasive than for them to be factual. Appellate courts may rule on a case without ever hearing an oral argument.

During what portion of the trial is the most evidence presented?

Most evidence is presented through the oral testimony of witnesses who speak under oath. The lawyer who has called a particular witness asks a series of questions referred to as the direct examination, and the opposing lawyer follows with the cross-examination.

During what portion of the trial is most of the evidence presented quizlet?

During what portion of the trial is most of the evidence presented? The Supreme Court hears the majority of cases sent to them by appellate courts. You just studied 15 terms!

Which amendment keeps judges from setting bail for a suspect too high?

The Eighth Amendment to the U.S. Constitution states that "excessive bail shall not be required." Regardless, the Supreme Court has ruled that the U.S. Constitution permits holding a defendant without bail in some circumstances.Dec 14, 2021

What are the steps of the trial process quizlet?

Terms in this set (14)step 1: pre-trial proceedings. ... step 2: jury is selected. ... step 3: opening statement by plaintiff or prosecution. ... step 4: opening statement by defense. ... step 5: direct examination by plaintiff/ prosecution. ... step 6: cross examination by defense. ... step 7: motions to dismiss or ask for a directed verdict.More items...

What are the steps of a trial?

The 10 Stages Of A Criminal Trial In CaliforniaStage #1: Filing Motions With The Court.Stage #2: Jury Selection.Stage #3: Opening Statement.Stage #4:Prosecution Presents Its Case.Stage #5: Defense's Case.Stage #6: Prosecution Rebuttal (If Necessary)Stage #7: Closing Arguments.Stage #8: Jury Deliberation.More items...

What part of the criminal justice system is responsible for investigating crimes?

Law enforcement is made up of police officers, sheriffs, deputies, criminal investigators, detectives, and government agents who work to enforce legal policies and protect our communities. These officers investigate crimes, gather evidence, and take reports on criminal activity.May 4, 2021

Is it against the law to ignore a jury summons quizlet?

It is against the law to ignore a jury summons. Which rule of evidence would an attorney break if he or she were to ask a witness what rumors were being spread about the defendant?

What is the harshest disposition that a juvenile judge can impose?

Commitment to an institution is the harshest disposition a juvenile court may impose (other possibilities include dis- missal, probation, or referral to a community treatment program).

What is 9th amendment?

The Ninth Amendment of the United States Constitution states that the federal government doesn't own the rights that are not listed in the Constitution, but instead, they belong to citizens. This means the rights that are specified in the Constitution are not the only ones people should be limited to.

What is 10th amendment?

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Which amendment keeps judges from setting?

This provision of the Fifth Amendment protects a person from being forced to reveal to the police, prosecutor, judge, or jury any information that might subject him or her to criminal prosecution.

What happens when a lawyer is called as a witness?

The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party. Determining whether or not such a conflict exists is primarily the responsibility of the lawyer involved. If there is a conflict of interest, the lawyer must secure the client's informed consent, confirmed in writing.

When is a tribunal proper objection?

[2] The tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness. The opposing party has proper objection where the combination of roles may prejudice that party's rights in the litigation. A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof.

What is the role of advocate and witness?

[1] Combining the roles of advocate and witness can prejudice the tribunal and the opposing party and can also involve a conflict of interest between the lawyer and client.

What is the difference between an advocate and a witness?

A witness is required to testify on the basis of personal knowledge, while an advocate is expected to explain and comment on evidence given by others. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof.

Is the tribunal likely to be misled?

Whether the tribunal is likely to be misled or the opposing party is likely to suffer prejudice depends on the nature of the case, the importance and probable tenor of the lawyer's testimony, and the probability that the lawyer's testimony will conflict with that of other witnesses.

What did the female candidate's lawyer say at trial?

At trial, the female candidate's lawyer sought to introduce testimony by a football player on the team claiming that the head coach told him that the female candidate "does not belong on the football field unless she is wearing a cheerleading uniform.".

What does the jury determine about a confession?

The jury determines the confession's admissibility as a question of weight and credibility, and the jury must not consider the affidavit . The jury determines the confession's admissibility as a question of weight and credibility, and the jury may properly consider the affidavit.

What is the purpose of a civil fraud case?

The defendant in a civil fraud case plans to testify regarding the sale of land at issue in the case. The plaintiff seeks, for the sole purpose of impeaching the defendant's character for truthfulness, to introduce evidence of the defendant's recent conviction for felony assault.

What did the child do after seeing the murder?

The child was having trouble remembering all of the events surrounding the murder. Shortly after the child had witnessed the murder, a child psychologist, who helped the child cope with the experience, asked the child to draw a series of pictures depicting what he had seen.

What happened at the trial of the woman who impersonated a policeman?

At trial, the prosecution attempted to introduce evidence during a female witness's direct examination that five years ago, the man had impersonated a policeman, entered the witness's home, and made serious threats of harm if the witness did not stay in the home and answer his questions.

Why is it not necessary to accept the noticed fact as conclusive?

No, because the court should have instructed the jury that it is required to accept the noticed fact as conclusive. A. A son and a daughter are opposing parties in federal court. At trial, the daughter presented evidence that her father has been missing for ten years, and that no one has heard from him in that time.

Can a roommate testify about a defendant's statement?

No, because only a witness with firsthand knowledge of the defendant's statement can testify about the statement. No, because the roommate's testimony regarding the defendant's statement is inadmissible hearsay. Yes, because the defendant's statement of his plan can be used to prove he robbed the jewelry store.

What is the closing argument in a trial?

Though the closing argument is often considered the deciding moment of a trial, effective cross-examination wins trials. Attorneys anticipate hostile witness ' responses during pretrial planning, and often attempt to shape the witnesses' perception of the questions to draw out information helpful to the attorney's case.

How does cross examination affect jury trials?

Affecting the outcome of jury trials. Cross-examination is a key component of a trial and the topic is given substantial attention during courses on trial advocacy. The opinions of a jury or judge are often changed if cross examination casts doubt on the witness.

What is cross examination?

In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, ...

Can a lawyer cross-examine a witness?

In the United States federal Courts, a cross-examining attorney is typically not permitted to ask questions that do not pertain to the testimony offered during direct examination, but most state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination.