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 to challenge the evidence presented by the prosecution. Cross-examination is a tool used to draw out inconsistencies and inaccuracies in what the witness is saying. During the cross-examination, the attorney has the opportunity to ask the witness specific questions about the case. The attorney may ask the witness questions about events leading up to the trial, to see if the story changes or if new details come to light. They can also ask the witness to clarify any details in their testimony that may be confusing. Additionally, the attorney can ask the witness to provide specific facts and evidence to better assess their credibility. In Idaho, the attorney must adhere to the state’s rules of criminal procedure during the cross-examination. Some of these rules include informing the witness that they have the right to refuse to answer questions if it could incriminate them, not asking leading questions, and not making statements or asking questions that they know are false or misleading. The attorney must be careful not to ask questions that are too intrusive or demanding, as this could be deemed unethical. If the witness provides evidence that may be useful to the defense’s case, then the attorney must be sure to enter it into the court record. Ultimately, the goal of cross-examination is to gather facts and inform the court of the truth of the matter.
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