Frequently we find in the rooms of views to
lawyers who usually make mistakes when making an interrogation both to the
accused and to witnesses and experts. Whether in criminal trials or belonging
to another jurisdiction such as civil, contentious-administrative or labor,
lawyers sometimes err in the approach of the questions they are going to
formulate, so that this creates a risk in the defense strategy to follow.
Affirm instead of questioning
One of the mistakes that Calgary based Defence Lawyer make is
based on the wrong habit that some lawyers and prosecutors have of affirming,
instead of asking, an error that may entail the risk that the Judge compels us
to ask the question instead of taking it for granted. In that sense, the
subject who must affirm or deny is the one questioned and not the lawyer or the
prosecutor.
Write the questions
Another aspect to take into account is the fact
that we have collected in our notes the questions as we are going to formulate
them. The error is that the answer we get from the accused or witness may not
be what we expected and we need to formulate it in a different way than we had
written down. It is essential to develop a facet: know how to improvise.
Ask without having 'assured' the answer
The formulation of questions to subjects that
are not our defendant or witnesses proposed by us in some cases may imply that
the response we receive is not intended, although we can prevent it in certain
situations.
In that sense, it may be advisable not to ask
the question we have thought and got an unfavorable response since it can be
the case to disrupt the defense or accusation.
Repeat questions
The repetition of questions at the time of
questioning can sometimes produce two negative effects: first, that the
Honorable Member reproaches us for this reiteration and, secondly, that we
obtain an answer that does not satisfy our pretensions like the first. In this
sense, in the case that we need to influence a specific aspect, it is advisable
to ask the same question but differently (as long as the Judge allows it).
Do not look at the interrogated
Another mistake that is made when questioning
is not looking at the criminal when he is declaring. Paying attention to the
person being interrogated demonstrates the respect we have towards this person
and does not generate a sense of superiority or haughtiness on our part.
Do not use the right tone
The tone Calgary based Defence Lawyer
use when questioning in a trial may vary depending on the situation. Sometimes
it can be more measured and in others, depending on the circumstance, more
impetuous. Therefore, a fundamental aspect that we must bear in mind at the
time of the interrogation is the adaptation of our language and the way in
which we address the questioned.
