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What is Direct Examination?

Direct Examination in a Trial

Direct examination, which is also known as examination-in-chief, is when a lawyer questions a witness that they called to the trial. The lawyer asks questions of the witness that will provide evidence in support of their case. If it’s a witness of the prosecution, then the prosecutor will ask questions designed to help prove the guilt of the defendant. If it’s a witness of a defense, then the defense attorney will ask questions designed to prove the defendant’s innocence or create reasonable doubt that the defendant is guilty.

Cross Examination

The other type of examination is cross examination, which is when the lawyer who did not call the witness questions that witness.

Rules of Direct Examination

There are rules in place regarding direction examination, both in regards to what the lawyer can ask the witness and what information the witness can provide. Witnesses are typically only called on to provide facts, not their opinions or to come to their own conclusions about what happened. There is an exception if the witness is an expert witness, which means they’re considered an expert in a particular field, which allows them to provide their own opinion and come to conclusions based on the evidence provided. For example, if a prosecutor calls a psychiatrist to the stand, the psychiatrist may be able to provide their opinion on the defendant’s mental state based on their own expertise in that subject.

One of the key facets of direct examination is that the lawyer can’t ask the witness leading questions, or questions phrased in a way that elicits a certain response. For example, the question “Isn’t it true that you saw the defendant at the bar on the night of February 23?” will likely result in an objection by the other lawyer, as the lawyer performing the direct examination is prompting the witness to answer affirmatively.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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In stark contrast to this, leading questions are allowed and very common in cross examination, to allow the lawyer performing the cross examination to elicit testimony that the witness may be unlikely to share otherwise.

Objections

During direct examination, the opposing counsel is able to make objections. The aforementioned leading questions are one common reason for an objection, but other causes of an objection include a question that calls for a non-expert witness to provide their own opinion or questions that require the witness to answer based on hearsay, which is information they heard from somebody else. Hearsay is not allowed because the information cannot be substantiated without that other party there to confirm or deny it.

When an objection occurs, the judge can choose to either sustain it or overrule it. In the event that the objection is sustained, the lawyer who asked the question needs to either find an appropriate way to rephrase it or move on to another question. If the objection is overruled, then the question stands and the witness can answer it.

Witness Requirements

There are requirements for any witness that a lawyer calls to the stand. First and foremost, the witness must be competent to testify. Competency requires that the witness understands that they’re under oath to tell the truth, that they have memory and knowledge of the event that the lawyer will ask them about, and that they can communicate what they know to the judge and jury. The testimony of the witness must also be relevant to the case in some way.

Preparation for Direct Examination

Lawyers prepare their direct examination questions in advance, and a skilled lawyer will have a specific goal for each direct examination, particularly in regards to the evidence that the testimony demonstrates to the judge and jury. That means the lawyer will know what questions they should and shouldn’t ask to get the result that they want.

It’s common for a lawyer to go over their direct examination questions with the witness to prepare before the witness takes the stand. This will ensure that the witness is able to provide adequate answers. A lawyer will also likely prepare their witness for possible questions asked by the opposing counsel during the cross examination.

Examination of Prospective Jurors in New York

How does examination of prospective jurors in a trial jury work in New York?

Picking a jury in criminal cases in New York is a complicated matter. No one wants to end up with the “wrong juror” on the case. The process of examination of prospective jurors is controlled by the NY Criminal Procedure law which is explained below.

Examination of Prospective Jurors

If no challenge to the panel’s made, or if the challenge is made and disallowed, the court will direct that the names of no less than twelve members of the panel will be drawn and called as prescribed by the judiciary law. These people will take their places in the jury box and be immediately sworn to answer truthfully questions asked of them relative to their qualifications to serve as jurors in the action. In its discretion, the court might require prospective jurors to complete a questionnaire that concerns their ability to serve as fair and impartial jurors, including but not limited to place of birth, current address, education, occupation, prior jury service, knowledge of, relationship to, or contact with the court, any party, witness or attorney in the action, and really any other fact relevant to his or her service on the actual jury. An official form for this questionnaire will be developed by the chief administrator of the courts in consultation with the administrative board of the courts. A copy of the questionnaires completed by the members of the panel will be given to the court, as well as each attorney before examination of the prospective jurors.

How the Examination Begins

The court will begin the examination of prospective jurors by identifying the parties and their counsel, and then briefly outlining the nature of the case to all the prospective jurors. The court will then put to the members of the panel who have been sworn and to any prospective jurors subsequently sworn, questions that affect their qualifications to serve as jurors in the action.

Examination, Continued

The court will allow both parties to examine the prospective jurors, individually or collectively, in regards to their qualifications to serve as jurors. Each party will be given a fair opportunity to question the prospective jurors regarding any unexplored matter affecting their qualifications, but the court will not allow questioning that’s repetitive or irrelevant, or questions as to a juror’s knowledge of rules of law. If necessary to prevent improper questioning, the court will personally examine the prospective jurors. The scope of this examination will be in the court’s discretion. After the parties conclude their examinations of the prospective jurors, the court might ask further questions as it deems proper regarding the qualifications of the prospective jurors.

The court can for good cause shown, on motion of either party issue a protective order for a stated period that regulates disclosure of the address of any prospective or sworn juror to anyone, other than to counsel for either party. Such good cause will exist where the court determines there’s a likelihood of bribery, jury tampering, or physical injury/harassment of the juror.

Completion of Examination

On completion of examination by both parties, each, starting with the people, can challenge a prospective juror for cause. If this challenge is allowed, the prospective juror must be excluded from service. After both parties have had an opportunity to challenge for cause, the court has to allow them to peremptorily challenge any remaining prospective juror, and such juror must be excluded from service. The people must exercise their peremptory challenges first and may not make a challenge to any remaining prospective juror who’s then in the jury box. If either party requests, challenges for cause must be made and determined, and peremptory challenges must be made, within the courtroom but outside of the hearing of the prospective jurors in a manner as not to disclose which party actually made the challenge. The prospective jurors who aren’t excluded from service must retain their place in the jury box and be immediately sworn as trial jurors. They must be sworn to try the action in a just and impartial way, to the best of their judgment, and to render a verdict according to the law and the evidence.

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