From Criminal Law Notebook
Generally
- See also: Examinations-in-Chief and Cross-Examinations
- ☐ Irrelevance (see Relevance)
- ☐ Eliciting evidence supporting a Motion not before the Court
- ☐ No foundation/Assumes facts not proven
- ☐ Improperly Phrased Questions
- ☐ Compound Question
- ☐ Vague/Misleading question
- ☐ Misquoting prior evidence/statement
- ☐ Uncivil Questions
- ☐ Asked and answered
- ☐ Badgering, harassing witness
- ☐ arguing with witness
- ☐ Monologuing/Editorizating
- ☐ Contradicting Collateral Facts (see Collateral Fact Rule)
- ☐ Evidence that generally is inadmissible
- ☐ Eliciting evidence outside of incident
- On Direct Only
- ☐ Leading Question (on examination-in-chief only)
- Only On Cross (or as Hostile Direct)
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On Sexual Assault Cases
- Prior Sexual History
- ☐ Sexual contact with anyone, except contact at issue in trial
- Sexual Assault Myths
- Failure of the complainant to "fight back"
- Failure of the complainant to "scream" or "call for help"
- Failure of the complainant to report the assault in a timely manner
On Calling Counter-Evidence
- Failure to confront opposing witness with counter-story (Rule in Browne v Dunn)