One of the toughest things youll have to do as a criminal defence attorney is to rely on previous inconsistent statements made by a witness. In fact, u may find the court not allowing u to question a witness on a statement made to the police simply because u did not lay a BASIS/FOUNDATION for it. REMEMBER that the court does not have any of the contents in the docket & it relies on the state prosecutor & the attorney to prove their case. Many attorneys struggle with laying a basis/foundation simply because it was not taught to them. However, I will give u a winning formula into getting a statement that a witness made to the police previously. First of all RELAX!! Do not rush into getting the statement admitted as evidence. Obviously the reason u want to get the statement admitted in the first place is because u want to prove that the witness is now giving evidence that is not in accordance with what they told the police or stated differently either they lied to the police or they are lying in court. REMEMBER WHEN U ARE CROSS EXAMINING DON SHY AWAY FROM LEADING THE WITNESS. DO NOT GIVE THEM A CHANCE TO TRAIL OFF POINT, STICK TO CLOSED QUESTIONS WHICH MOSTLY REQUIRE A YES OR NO ANSWER. Now to get the statement admitted after youve asked all the other questions you wanted to ask DO THE FOLLOWING. STEP 1: Ask the witness if they made a statement to the police after the incident happened. STEP 2: Ask if what is contained in the statement came from them STEP 3: Ask what language it was taken down in or whether there was an interpreter present. STEP 4: Ask if the statement was read by them or read back to them. STEP 5: Ask if they confirmed the contents of the statement and were satisfied with them and thereafter signed the statement. STEP 5: With leave of the court ask to hand the statement to the witness so they can read it and verify if it is the same statement that they made to the police and then signed it. STEP 6: With leave of the court ask if u can hand in same. AT THIS STAGE U HAVE NOW LAID A BASIS/FOUNDATION AND THE COURT WILL ACCEPT THE STATEMENT AS AN EXHIBIT. AFTER THAT U MAY THEN CROSS EXAM THE WITNESS BASED ON THE STATEMENT CAREFULLY POINTING OUT THE DISCREPANCIES BETWEEN THE EVIDENCE THEY GAVE IN COURT AND THE STATEMENT THEY MADE TO THE POLICE.
Posted on: Mon, 10 Nov 2014 15:36:37 +0000
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