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What is the Questioning of a Witness by the Opposing Lawyer?

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The questioning of a witness by the opposing attorney is also known as cross-examination. Under this process the lawyer asks questions to the witness that can be used to defeat the opposing’s argument. In legal proceedings it is often difficult to prove the guilt of a person, and this is one way to get the facts. In criminal cases, the witnesses are often called to testify about the crime in question and the criminal act that occurred.

A criminal case is a very complex matter: There are many laws that are involved including penalties, fines, and the rules of evidence that must be followed. Any slip-up during this time can prove costly for the opposition and can make the charges stick. That is why the proper practices when the questioning of a witness by the opposing lawyer is so important.

Before the questioning begins: the lawyer should prepare all the necessary paperwork to include witness contact information. The papers should also include any notes from prior meetings with the witness. This will help the lawyer to gain more control over the situation and prevent the witness from giving unfair or inaccurate information. Also it makes it easier for the lawyer to direct the witness during the cross-examination.

It is the job of the defense to keep their side of the story fresh: During this part of the trial, it is the opposition’s job to show that their client’s innocence is not in question. To do this, the lawyer needs to find out the actual circumstances surrounding the incident. For example, did the officer follow proper procedures when handling the suspect? Was there any evidence of excessive force used?

It is very common for a guilty person: to be questioned about events that took place days, months or years ago. Often times, the only time these events are discussed is during a court trial. For this reason the lawyer may find themselves having to question the witnesses again. Some lawyers have started a practice of putting witness statements in video form so that they can be used as evidence at trial. There is even a new trend of calling “war zones” during trial which means the defense lawyer is calling the area where the incident took place so the jury can better understand what the circumstances were at the time the incident occurred.

The most important thing a lawyer: can do for their client is to protect their rights. If the lawyer can show that a client was abused during the arrest, the client may be able to get the charges against the defendant dropped. If the police are investigating an officer’s misconduct, the attorney will often consult with the police to avoid any future trouble. Even if the charges are dropped, it is important to consult with a criminal defense lawyer before speaking to the police or law enforcement officials.

The questioning of a witness by the opposing lawyer is known as discovery.

Jonathan D. Keeler

I'm Jonathan, a Harvard Law graduate with over 15 years in the legal field. From international treaties to the digital complexities of cyber law, my passion is deciphering the intricate tapestry of jurisprudence and making it accessible to all. When not analyzing legal precedents, you'll find me immersed in legal thrillers or advocating for digital rights. Interests: International diplomacy, cyber security, legal literature.


Jonathan D. Keeler

I’m Jonathan, a Harvard Law graduate with over 15 years in the legal field. From international treaties to the digital complexities of cyber law, my passion is deciphering the intricate tapestry of jurisprudence and making it accessible to all. When not analyzing legal precedents, you’ll find me immersed in legal thrillers or advocating for digital rights. Interests: International diplomacy, cyber security, legal literature.

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