when the victim is questioned by their own lawyer

So no, an officer questioning you without a lawyer is neither a crime nor illegal. Once you invoke your Miranda right though, they have to respect that. With or without your lawyer, this is called interrogation.

Full Answer

Can a victim go to court with a witness?

In some states, victims can bring an advocate or support person with them to court. If a victim testifies at trial, the victim becomes a witness. In most states, a court must exclude witnesses from the courtroom while other witnesses are testifying if requested by the prosecution or defense.

Can a police officer stop questioning a suspect without a lawyer?

An explicit request for an attorney requires all questioning to cease. If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions.

What are the rules for questioning witnesses at a criminal trial?

Learn the basic rules and procedure for questioning witnesses at criminal trials, including defendants’ rights to require witnesses to testify and to cross-examine them. Witnesses are a critical part of criminal trials. Strong testimony from even one good witness can sometimes make or break the prosecution’s case.

Can a suspect refuse an interrogation after invoking the right to attorney?

Remember: The law governing a renewed attempt at interrogation after a suspect invokes the right to an attorney differs from the rules governing a second interrogation after invocation of the right to remain silent.

What is it called when you get questioned by a lawyer?

Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him.

What is it called when a defendant is questioned?

Search Legal Terms and Definitions Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

Do victims have the right to be heard?

Most jurisdictions give victims the right to be heard by the court or another authority, such as the parole board, before major decisions are made. The most common stage for this during the criminal justice process is at sentencing. Every state allows some form of victim impact information at sentencing.

What is cross-examination in law?

Cross-examination gives the opposing party an opportunity to point out the weaknesses of a witness's testimony, like holes in their story or a lack of credibility.

What are the 5 Miranda rights?

Know Your Rights: What Are Miranda Rights?Who Is Ernesto Miranda? ... You Have the Right to Remain Silent. ... Anything You Say can Be Used Against You in a Court of Law. ... You Have the Right to Have an Attorney Present. ... If You Cannot Afford an Attorney, One Will Be Appointed to You. ... Arrest Without the Reading of Miranda Rights.More items...•

What constitutes a custodial interrogation?

Questioning of a detained person by the police in connection with a criminal investigation. A person is not only detained when under arrest, but also whenever not free to leave.

Who has more rights the victim or the accused?

An accused person is a person who is charged with an offence, or where criminal proceedings have been brought against them in another way. ' Accused persons have the right to an impartial, free, and fair trial. A victim is a person who is injured or hanned by the unlawful act of another person.

Do victims have to testify in court?

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.

What is the most important victim right?

Respect and Recognition. Under the heading access to justice and fair treatment, the United Nations Declaration states: " Victims should be treated with compassion and respect for their dignity." In fact, the first and most fundamental need for victims is recognition. Human dignity is a fundamental right.

What questions Cannot be asked in cross-examination?

Section 142 does not mention asking leading questions during cross-examination. But, Section 143 states that leading questions can be asked even in cross-examination. Leading questions cannot be asked in examination-in-chief, cross-examination, or re-examination only if objected by the other party.

What is beyond reasonable doubt in law?

To put it another way, the phrase “beyond reasonable doubt” means that the decision maker should be certain that the accused is guilty. In this case, the trial judge found that with all of the circumstantial evidence combined, there was no reasonably innocent explanation for it.

What are 3 rules for composing cross-examination questions?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is ...

What are the rights of a victim?

Victims' rights laws apply to victims whether or not the victim testifies as a witness. The right to be treated with fairness and respect for the victim's dignity and privacy; The right to be reasonably protected from the accused offender; The right to be notified of court proceedings;

What happens when a defendant pleads guilty?

However, if the defendant is found guilty or pleads guilty, the victim has several opportunities to let the court know how the crime affected his/her life.

What is restitution in court?

Restitution is the payment of money by the defendant to the victim or to the court for damages caused by his/her actions. The court will issue an order of restitution in cases where restitution is mandatory and will consider issuing a restitution order in cases where restitution is discretionary.

What is the meaning of "detention" in court?

The date, time, and location of each court proceeding that the witness and victim is either required to or permitted to attend; The release or detention status of an offender or suspected offender. The acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial.

What is the Victim Witness Program?

If you are a victim or a witness, the Victim-Witness Program of the United States Attorney's office can help you understand the rights given to you by law. The United States Attorney 's office is committed to ensuring that crime victims and witnesses are treated fairly by the criminal justice system. This pamphlet will provide answers ...

What happens in a felony case?

What Happens in Felony Cases. Victims of crime, and other people who have knowledge about the commission of a crime, are often required to testify at a trial or at other court proceedings. The federal criminal justice system cannot function without the participation of victims and witnesses.

When does a plea agreement take place?

Plea Agreements. When the United States Attorney reaches an agreement with a defendant, a plea agreement is established. A guilty plea can take place at any time, and can even take place after trial has begun. To the public and to many victims, plea bargaining has a negative image.

How do victims get their rights?

A victim has a right to be heard by making oral or written statements to the court. In most (if not all) states, victims have the right to be heard at sentencing. Sometimes called a "victim impact statement," it offers victims a chance to tell the judge and defendant how the crime impacted their lives.

What is the most basic right of a victim?

Crime Victims' Rights to Notice and Information. Although it might seem obvious, the most basic and essential right is providing victims "notice of their rights .". Typically, law enforcement, victim services, or a prosecutor's office automatically provides this initial notification of rights to victims.

Why do we need to notify victims of release from custody?

Most states require victims to be notified when an offender will be released from jail ( bail, probation) or from prison (supervised release, parole, or clemency) or if the offender escapes from confinement.

Why do states have crime victims rights laws?

But even once the crime is over, crime victims face a daunting and long road ahead as the case winds its way through the criminal justice system. To assist victims and their families, states enacted crime victims' rights laws to protect victims who are stuck in the system through no fault of their own.

What is the right to a speedy trial?

Right to a Prompt Resolution (or Speedy Trial) Several state laws provide victims the right to have the criminal case proceed in a reasonably timely manner. These laws usually limit the continuances and delays that a court can allow in a criminal case.

What is the right to notice in criminal cases?

Many notice provisions aim to ensure victims know when criminal proceedings are taking place so they can avail themselves of other rights , such as the right to be present and heard at trial and sentencing (discussed below).

Why are there notice provisions?

Many notice provisions aim to ensure victims know when criminal proceedings are taking place so they can avail themselves of other rights, such as the right to be present and heard at trial and sentencing (discussed below).

What is the role of a victim in the court process?

Victims and the Court Process – Frequently Asked Questions. As a victim or witness, your role is critical. You have seen, heard, know or experienced something that is important to the investigation of a case. If you have been the victim or witness of a crime, the first step in the criminal justice process is to immediately report ...

Who has the right to interview witnesses?

The defense attorney has the right in a criminal case to interview all witnesses. You have the choice of whether you want to speak with him/her. If you would feel more comfortable having the Assistant State’s Attorney or advocate that is assigned to your case present at the interview, let them know that.

What happens during the pretrial phase?

Sometimes additional investigation may occur throughout the pretrial phase. There may be plea negotiations between the State and defense during the pretrial phase. If the case is not resolved with a plea, the case will most often proceed to trial.

What is the purpose of a jury trial?

A trial is held to determine if the prosecution can show, beyond a reasonable doubt, that the defendant committed the crimes he or she is accused of. In a jury trial, 12 citizens from the County area determine whether a defendant is found guilty or not guilty. In a bench trial, a judge will make that decision.

What is a subpoena in court?

A subpoena is an order requiring the person named on it to appear in court. The subpoena will tell you when and where to appear and will have a telephone number on it should you have any questions. If your name, address or telephone number should change, notify the State’s Attorney’s Office immediately. Failure to abide by the subpoena may result ...

What happens if charges are filed and the accused person is arrested?

If charges are filed and the accused person is arrested, he or she will soon appear in court. The Judge will set bond, any conditions of bond and advise the defendant of the charges against him. The court considers several things when determining bond for the accused:

What happens after a bond is set?

Once bond is set, the Judge will set another court date for Preliminary Hearing or Arraignment. A preliminary hearing is a proceeding in which the judge determines whether there is enough evidence against the accused to be indicted on felony charges.

What happens if a suspect makes an ambiguous or equivocal statement concerning the right to legal

If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions. Three days later, the detectives interviewed Medina again.

What did Medina argue about the murder?

Medina argued he merely began a routine conversation about something unrelated to the murder. The court acknowledged truly routine conversation about an unrelated topic would not signal a suspect’s desire to talk about the murder.

What is explicit request for attorney?

An explicit request for an attorney requires all questioning to cease. If the suspect makes an ambiguous or equivocal statement concerning the right to legal counsel following an unequivocal waiver of the right to counsel, the officer does not need to stop and ask clarifying questions.

When was the second interrogation allowed?

96 (1975)), the Supreme Court allowed a second interrogation after the suspect had invoked the right to remain silent upon consideration of four factors: The interrogation immediately ceased when the defendant said he did not want to talk anymore.

Who must not allow no contact or protective order to be violated?

However, it is the perpetrator who must not allow the no contact or protective order to be violated, and a victim should not be criminally charged for aiding a violation.

Why are no contact orders important?

Protective and no contact orders are important tools to prevent violence against victims. It is essential for all parties to properly observe the boundaries and protections of these orders. However, due to the language of the law and the public policy of protecting victims, a party will not likely be charged with aiding ...

What is a no contact order?

During the process of domestic litigation, there can be instances where a party seeks a protective order or no contact order against the other party for acts or threats of violence. In these cases, the party seeking protection petitions for a protective order or no contact order to prevent the other party from contacting and/or harassing the victim.

Is there precedent in Indiana for protected persons?

The Court looked to Ohio law as a model for this issue, as there had been no precedent in Indiana for this issue (it is a question of first impression). The Court ultimately held that the Indiana legislature made it clear that protected persons might invite the perpetrator back into their lives. However, it is the perpetrator who must not allow ...

Can a party be prosecuted for violating a protective order?

But, can a party be criminally prosecuted for helping the other party violate the protective order or no contact order? The answer, as to the victim (person seeking the protection), is no. This issue was just recently addressed by the Court of Appeals.

Why do lawyers ask questions?

Experienced attorneys ask questions to get a sense of how a juror will respond to the evidence and arguments in the case about to be tried. In most federal courts, lawyers submit questions to the judge, who will then question the potential jurors in open court. In state courts, however, lawyers are typically permitted to question ...

Why do lawyers use jury selection questions?

The process of jury selection should result in a fair jury, though lawyers will often use the selection questions to make sure that jurors will be receptive to their theory of the case.

What is the purpose of voir dire?

Its primary purpose is to make sure that the jurors can listen fairly and impartially to the evidence and render a verdict in accordance with ...

What is a peremptory challenge?

By using a peremptory challenge, a lawyer can dismiss a potential juror from the case without giving any reason to the judge.

What happens if you don't use questionnaires in court?

If questionnaires are not used, lawyers or judges simply ask all of their questions in open court. Potential jurors may be questioned as a group or one at a time.

What does "for cause" mean in court?

A “for cause” dismissal means the court has agreed with at least one lawyer’s argument about the unsuitability of a potential juror (or has reached this conclusion on its own). A lawyer can raise an unlimited number of “for cause” challenges during jury selection.

How to determine how potential jurors will react to that trial strategy?

The defense lawyer might attempt to determine how potential jurors will react to that trial strategy by asking questions about the right to “stand your ground,” to defend your property, to possess firearms, and to protect others from harm.

Why do lawyers call witnesses?

As part of their trial strategy, lawyers will call their witnesses in an order that’s most helpful for convincing the jury of the guilt or innocence of the defendant. However, the judge has the ultimate say over when witnesses testify.

What is the right of a defendant to cross-examine witnesses?

Criminal defendants have the right under the Sixth Amendment’s “confrontation clause” to be present when witnesses are testifying against them and to cross-examine those witnesses. There may be exceptions, however, when witnesses aren’t available to testify at trial. Depending on the circumstances, certain types of reliable statements from unavailable witnesses might be admitted as evidence, such as previous testimony at a preliminary hearing or deposition where the defendant’s attorney was able to question the witness.

What is the right to receive the names of witnesses before trial?

Before the trial, as part of the evidence-sharing process known as “ discovery ,” defendants are normally entitled to receive the names and statements of the witnesses that the prosecution plans to call (although prosecutors may not always have to reveal the names of confidential informants). Defendants also have a right to any information that prosecutors have about the identity or whereabouts of other witnesses who might be able to provide relevant testimony for the defense.

How do criminal trials work?

Criminal trials follow the same basic order. Following opening statements, the prosecution presents its evidence, including its witnesses. For each witness, there may be two or more steps to the testimony: 1 Direct examination. First, the prosecutor will ask questions intended to bring out the witness’s story. 2 Cross-examination. The defendant’s lawyer will then question the witness in an effort to discredit or at least shed doubt on the testimony. Generally, questions should address matters covered during the direct examination, but the attorney may also ask questions related to the witness’s credibility. 3 Redirect and recross examination. After the cross-examination, the prosecutor may ask the witness more questions, usually to clarify parts of the testimony or address issues that came up during the cross. Then, the defense attorney also has another chance at further questioning, usually to discuss new subjects discussed during the redirect.

Why is witness testimony persuasive?

That personal knowledge is one reason witness testimony can be so persuasive to juries. Sometimes, witness testimony is the only evidence that places the defendant at (or far from) the crime scene. Other times, witnesses provide the context that supports or undermines other evidence. Either way, there are general rules for how ...

What happens after a cross examination?

After the cross-examination, the prosecutor may ask the witness more questions, usually to clarify parts of the testimony or address issues that came up during the cross. Then, the defense attorney also has another chance at further questioning, usually to discuss new subjects discussed during the redirect.

What is cross examination in a court case?

Cross-examination. The defendant’s lawyer will then question the witness in an effort to discredit or at least shed doubt on the testimony. Generally, questions should address matters covered during the direct examination, but the attorney may also ask questions related to the witness’s credibility.

What Are Crime Victims' Rights?

Who Is A Victim?

Crime Victims' Rights to Notice and Information

• Although it might seem obvious, the most basic and essential right is providing victims “notice of their rights.” Typically, law enforcement, victim services, or a prosecutor's office automatically provides this initial notification of rights to victims. Other notifications, however, might only trigger when a victim requests it, such as by calling ...

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