What are the main errors when conducting an interrogation

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.

For this reason, always based on the respect that must exist throughout the interrogation, it is advisable to use a more forceful tone when the accused or witness contradicts himself, since it may influence the Judge's assessment to decide your answers.