How can an attorney cross-examine a witness in a criminal defense case?

An attorney can cross-examine a witness in a criminal defense case by questioning the witness in an effort to challenge, discredit or impeach the witness’s testimony. In California, the attorney must follow the rules of evidence and judicial procedures outlined in the California Rules of Evidence (CER) and the California Code of Civil Procedure (CCP). First, the attorney must establish the witness’s qualifications to testify, such as that the witness is qualified to give opinion evidence. Then, the attorney can attempt to impeach the witness’s credibility by asking questions that challenge the witness’s recollection or suggest bias. Questions may be asked to show a lack of personal knowledge about the facts or to illustrate any inconsistency in the witness’s testimony. Additionally, the attorney can ask questions to bring out any facts that show bias or prejudice, or that the witness has been influenced by another person or source. Finally, the attorney may challenge a witness’s statement or testimony with evidence from other witnesses or documents.

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