Montana Defendant as Witness
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FAQ
611(b) limits the scope of cross-examination of all witnesses to matters testified to on direct and matters bearing on credibility, unless the court in its discretion allows inquiry into additional matters as if on direct examination. This has been the traditional view in the Federal courts and many State courts.
Ingly, criminal defendants are generally advised not to testify in their own defense at trial. One of the great dangers of a defendant testifying in a criminal case is waiver of his right to remain silent which thus subjects him to cross-examination by the prosecution.
The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for ...
If your assigned judge is strict and hardline, testifying may seriously damage your case. Similarly, your jury may find your charges abhorrent or they may feel sympathetic towards you. It's important to trust your attorney's knowledge of your case and ability to read the jury when building your defense.
Impeachment by evidence of conviction of crime. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is not admissible. History: Ad.
Leading questions should not be used on direct examination except as necessary to develop the witness's testimony. Ordinarily, the court should allow leading questions: (1) on cross-examination; and (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
At the request of a party, the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
Many people don't want to be a witness because they are afraid to answer certain questions. They think, based on American TV shows, they can refuse to answer by ?pleading the fifth amendment.? That's wrong. Witnesses have to testify (tell the court what they know) by answering questions from either side or the judge.
As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.
The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue ...
