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

When an attorney cross-examines a witness in a criminal defense case in Washington, they are essentially questioning the witness in order to challenge the accuracy and credibility of the witness’s testimony. The attorney will use a variety of questions to explore any inconsistencies in the witness’s statements or to uncover any personal biases or motives that could be influencing their testimony. The attorney may also put forward arguments or challenging statements in order to put the witness in a difficult situation and force them to defend their statements. Generally, the attorney’s goal is to chip away at the witness’s credibility and call into question any part of their story that could weaken the case against the defendant. An attorney may also attempt to use double-barreled questions in cross-examination. This is a technique by which the attorney can ask two questions in one, often with the intent of confusing the witness. However, in Washington, these types of questions are typically not allowed and judges will often sustain any objections if they feel the questions are too complex or confusing. Lastly, the attorney can use leading questions in order to shape the witness’s responses. Leading questions are questions that suggest their own answer and are typically not allowed in criminal defense cases in Washington. However, an attorney might be able to use leading questions if they are judiciously used and the witness has already given the same answer in response to an earlier, non-leading question.

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