Questioning Checklist

From Criminal Law Notebook

Honest But Mistaken Witness / Conclusory Claim Witness

Explore Foundation for Conclusion
  • Was it assumed
  • Was it learned second hand

Overly-Certain Witness

When Did Fact Become Important
  • Explore personal importance of observation at the time
  • Explore whether the events were recorded
  • Explore time when they were notified of importance of this memory
  • Explore efforts to remember in response to the notification.

Evasive/Deceptive Witness

Non-answer
  • Comment that the answer is not responsive
  • Did he understand the question
  • Was the answer responsive to the