What Kind Of Questions Would The Prosecution Ask In Common Assault Cases?

[Tommy_Thumby]

Thank you!

[Buenchico]

Solicitors and barristers are taught never to ask a question unless:
(a) they know what the answer will be ; and
(b) that answer will be favourable to their case.

So, if a guy was accused of assaulting a taxi driver over a fare dispute, the questions to the taxi driver would be straightforward. However, if the prosecution wanted to suggest that the defendant was drunk at the time of the (alleged) offence. there would possibly be no point asking the defendant 'Were you drunk?' as he might well simply say 'No'. There would be far more sense in asking:
'When did you arrive at the night club?' (Answer: 'At about 8 o'clock').
'Did you consume alcohol while you were there?' (Answer: 'Yes')
'At what time did you leave the club and get into the taxi? (Answer: 'When the club closed, at 3am')
'So you were in the club, drinking alcohol, for about 7 hours then. Is that what you're saying?' (Irrespective of the answer given, the prosecution will have strongly suggested to the Bench that the defendant was heavily intoxicated).

[Tommy_Thumby]

Great answer Buenchico. Thank you!

[tonywiltshire]

A witness may be cross-examined to diminish the effect they have given and to obtain evidence in support of the party cross-examining, any question may be put which is relevant or which may affect the credibility of the witness. If the witness denies a matter in issue evidence may be called to contradict them.

[FredPuli43]

Good answer, BC. The rules given by you are something of an idealised view of what must be done. You sometimes ask a question when you don't know what the answer will be, but you do know that the answer either won't harm you or it will come across as so absurd , though apparently adverse on the face of it, that you can easily cross-examine further and demonstrate that the witness is not to be believed in that, and, by extension, anything else.

Such questions can be very valuable. Witnesses are on the alert for lines of questioning. By asking such questions you often discover a new and surprising line of enquiry; the witness volunteers something in all innocence and the jury gets a picture, with other evidence or not, which is favourable to you.

But everyone is told , when defending, to avoid asking grizzled old sergeants "Why did you suspect the defendant ?" !