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Unformatted text preview: Evidence Outline Presentation of Evidence (Scope and Style of Examination) • FRE 102. o These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense/delay… • FRE 611(a). Control By Court. o The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertaining of truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. o Ex. US v. Reaves Judge may set time restraints on both prosecution and Δ in their interrogations and presentation time, unless time frames have been specified by Congress (US v. Algie). • Direct Examination of a Witness: o FRE 611(c). Leading Questions Leading questions should not be used on direct of a witness except as may be necessary to develop his testimony. Ordinarily leading questions should be permitted on cross- examination. Whenever a party calls a hostile witness, an adverse party, or a witness identified w/ an adverse party, interrogation may be by leading questions. Direct should be used to allow a witness to tell a story. In direct, one is generally prohibited from asking leading questions. This prevents a lawyer from feeding answers to a favorable witness. • Ex. “Isn’t it true that…?” or “didn’t you…?” However, on direct a lawyer may ask the court to declare a person a hostile witness . From that point on the lawyer can lead. Note: leading questions may be asked to jog a witness’ memory, to examine an expert witness, to facilitate questioning a youth, for preliminary matters, or to question a hostile witness. • Cross-Examination of a Witness: o US v. McKenna Courts do not have to allow leading questions on cross. Courts have discretion. o FRE 611(b). Scope of Cross Examination Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. • Scope of Cross is limited to: o 1. topics involved in the witness’ direct; & o 2. topics concerning the witness’ credibility • US v. Segal o Facts: Δs were convicted of crime. Δs appeal, claiming that cross was improperly restricted b/c Δs were not allowed to play video tapes. o H: Court should have allowed showing of the tapes. o Rule: The scope is to be measured by the subject matter of the direct (which the tapes were w/in) rather than by specific exhibits which were introduced during direct. • Ex. On direct, witness testifies as to what she saw. On cross, Δ wants to ask her if she was aware of problems in the Jones’ marriage. H: Δ should not be permitted b/c it is not w/in the scope of what she saw 1 • Notes Example: Δ can ask to recall the witness for Δ’s direct OR Δ can ask court...
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- Fall '05
- Evidence law, witness, Hearsay in United States law