What questions can a witness be asked

12-05-2011 6:12pm #1

Greetings all.

If one is called as a witness for the DPP in a case of dangerous driving what sort of questions are to be expected?

Can the defence ask any questions that are intended as an ad hominem attack on the witness' credibility?

E.g. questions relating to career/contact with Gardaí etc.

Or do the questions asked have to relate specifically to the case?

Reloc8 · 12-05-2011 10:39pm

It depends.

The judge decides.

nuac · 13-05-2011 10:06am

As Reloc8 says Judge rules.

However in a RTA attacking a witness's credibility for the grounds stated would be a brave decision.

More likely to be asked re distances from incident, view of it, recollection, contents of statement made shortly afterwards.

District Courts are busy places and District Judges do not have much time for the Perry Mason/Johnny COchrane approach/

NUTLEY BOY · 13-05-2011 4:47pm

Going after a witnesses's credibility is a decidedly risky aproach if you do not already have a good idea of what you are going to extract.

The primary purpose of a good cross examination is to damage the credibility of the evidence of a witness as given under direct examination.

There is the second division class of cross examination that seeks to damage the credibility of the witness personally. The purpose of this approach is to damage the witness personally and thus, by inference, the credibility of their evidence. It is a risky strategy if you are not fairly sure of where you are going.

nuac · 13-05-2011 10:00pm

I suppose it comes back to the ancient axiom not to ask a question unless you already know the answer.

Reloc8 · 13-05-2011 10:10pm

Or unless by previous questions you've already excluded all answers/options which are damaging to your case (being a nuance on much the same principle as nuac has mentioned)

What questions can a witness be asked

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