Questioning Checklist

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Directing Examination-in-Chief

Starting Narrative on an Incident

• ask whether they were witness to an incident [describe incident in general terms including rough date], a simple yes or no would do [prior witnesses would establish a foundation to the existence of an incident].
• DON'T start by asking "what, if anything, happened on" so-and-so date
• establish the general time and location of the incident
• ask them to tell what happened by beginning at events immediately before the incident and be sure to tell times, places and names of people when known.

OR

• ask them about (1) the context of the first involvement in the incident and then (2) "walk us through it".

Uncertain of Quantum (time, duration, distance, height)

• establish that they cannot say the answer
• invite them to give best estimate
• confront them with implausible amounts and get them to deny them.
• gradually ask about growingly likely amounts on the upper and lower end.
• Consider taking a typical common sense point of reference from their lives

General Cross-examination

• Avoid exploring minor inconsistencies or implausibile statements that hurt your position without direct contradiction.
• Consider the importance or value of the contradiction:
  • An accused who lies to police about minor points is relatively low value. Only limited time should be spent on that.

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

Memory Problems

• If they say "I don't recall", consider whether they are saying that there is no memory one way or another
• consider asking about whether it would "be expected" or "surprise" that the circumstances would be one way vs another.