Professor Charles H. Rose III cross examines a witness

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  • čas přidán 11. 09. 2024

Komentáře • 26

  • @dirtypimpbird
    @dirtypimpbird Před 9 lety +9

    Lawyer fails to make witness say Yes when he is saying um hum…Um hum does not = yes

    • @gn7535
      @gn7535 Před 7 lety +2

      Any source for that? I don't remember any case where "Uh-huh" didn't mean yes.

    • @micahcarter8852
      @micahcarter8852 Před 7 lety +6

      I'm pretty sure a jury member knows what um hum means. It is common knowledge that um hum = yes.

    • @vidyutdevam9204
      @vidyutdevam9204 Před 6 lety +1

      well done bird, mm- hmm equates to a yes is a very reasonable assumption. But still per law it's not explicitly mentioned that its a yes .

  • @evanpenny348
    @evanpenny348 Před 2 lety

    Impossible to tell where counsel is going with this. That's a problem for the witness, but also for the jury. Seems to me like a very circuitous fishing expedition. Beyond this the obvious problem for any witness is that direct questions put words in the witness's mouth. Defense counsel need to instruct witnesses always to think before answering any question, and always answer questions in their own words.
    A common trick to try to circumvent this type of response is for counsel to end their question with " .... yes or no". A witness can respond with "if I answer yes (or no) to that question I would have to qualify my answer, or "I do not (or I cannot) agree with your characterization of the situation", and DO NOT offer an explanation of why not.

  • @DontNeedToKnow84
    @DontNeedToKnow84 Před 2 lety

    So, the point of this was to show that the guy being questioned was the one who made the phone call to the guy who died? At minimum, it showed that the guy being questioned wasn't a credible source of information (given that he had said his brother made the call when his brother was, in fact, in prison), correct?

  • @MrLinzee
    @MrLinzee Před 11 lety +3

    Very practical.

  • @moonlitdevil_princess6827

    Busted that guy...like a BOSS!

  • @bondoly66
    @bondoly66 Před 6 lety +4

    the other side would have stopped most of those answers pretty easily.

  • @andrewbarchenger2010
    @andrewbarchenger2010 Před 8 lety +2

    Some judges will not allow any commentary after a witness answers. "So that's your answer." A lot of it is inappropriate but also asked and answered applies. And yes, "Mmhm" is not an answer. Ask the judge to instruct the witness to please answer yes or no for the record. If they don't stop doing it then strike as non-responsive.

    • @Harlem55
      @Harlem55 Před 2 lety +1

      That depends upon which court youre in. Federal judges strongly disfavor motions to strike the record where there was no discernable extrenious information in the content holding that non-responsive is confined to at least some degree of extreneous information not germane to the question. Even then, it pays not to object on these sorts of grounds because opposing counsel will just ask on either cross or redirect as the case may be. The exception: when youre trying to create apellate issues the defense can use where an unsavvy prisecutor would make a rather large mistake. In California v. McMartin defense simply allowed the extreneous information and did double impeachment of the states witnesses. Rather Impeach where you can, always be able to impeach your own witness, but stay away from objection to things that really contribute nothing other than wasting time.

  • @acesetsthepacesmith7130
    @acesetsthepacesmith7130 Před 7 lety +1

    where is your brother now? Ans: He's taking a dump in a restroom!

  • @richardherbert8782
    @richardherbert8782 Před 2 lety

    So.. you know.. obviously this is great, but it's very easy when you have this much to work with lol

  • @nehaoberoi5219
    @nehaoberoi5219 Před 9 lety

    GREAT..

  • @gabrielan.anderson1299

    Could this long process have been reduced to: "Who was at your place?" "My brother." "Could he have made that call (to the guy you hate, yes or no?" "Yes." "Did you know your brother has been in prison for years, so he wasn't with you?" ("Doctor, does this guy mentally identifies himself with his own brother...why isn't he in some hospital instead of in the street gun-in-hand?")

    • @thatboyUPS
      @thatboyUPS Před rokem +1

      But he's a lawyer, he's crafting a story. He did this extremely well. You can't just ask the important questions, a trial case is all about crafting a story for the jury. Stories win cases.

  • @michaelchavez3995
    @michaelchavez3995 Před 8 lety

    Gottem!

  • @mcpencil524
    @mcpencil524 Před 10 lety +4

    this is racist

    • @kurer98
      @kurer98 Před 9 lety

      How is this racist?

    • @mcpencil524
      @mcpencil524 Před 9 lety +3

      i was joking

    • @monicaturner02
      @monicaturner02 Před 9 lety

      mcpencil hahahahaha

    • @mcpencil524
      @mcpencil524 Před 9 lety

      Monica B ha

    • @volodyanarchist
      @volodyanarchist Před 6 lety +1

      I thought it was strange that they picked a black guy to be a "bad" person, but i like to give benefit of the doubt to people. Perhaps it was just the best actor they could find. One instance is not enough to show the pattern... I wish prosecutors would know that.

  • @austinhooper419
    @austinhooper419 Před 7 lety +1

    So this guy is a teacher? lol
    He has very little control over the witness, and is not very fluent in his questions. Would easily lose the jury's attention.