Objections CRIMINAL LAW – UNIT #3

OBJECTIONS An objection:  is a formal protest raised in court during a trial to disallow a witness's testimony or  other evidence which would be in violation of the rules of evidence or other procedural law.

OBJECTIONS An objection is typically raised:  after the opposing party asks a question of the witness, but before the witness can answer, or  when the opposing party is about to enter something into evidence.

OBJECTIONS The judge then makes a ruling on whether the objection is:  “Sustained" - the judge agrees with the objection and disallows the question, testimony, or evidence OR  “Overruled" - the judge disagrees with the objection and allows the question, testimony, or evidence.

OBJECTIONS  An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it.  Lawyers should make an objection before there is an answer to the question.

COMMON LEGAL OBJECTIONS  Leading Question  Opinion  Hearsay  Question?  Badgering  Relevance  Asked and Answered

COMMON LEGAL OBJECTIONS LEADING QUESTION:  A leading question suggests the answer one expects to hear; “You were at the victim’s home that night, weren’t you?”  The lawyer should not be doing the testifying.  Leading questions are permitted under certain circumstances, usually in cross-examination, with expert witnesses, with young, old or poor recall witnesses, and with any hostile, evasive, or adverse witness.

COMMON LEGAL OBJECTIONS OPINION:  Counsel’s question calls for an improper opinion. OR  Objection, the witness hasn’t been sufficiently qualified as an expert.  In Summary: Generally, only expert witnesses may render their opinions; non-expert witness must testify only regarding their observations.

COMMON LEGAL OBJECTIONS HEARSAY:  A statement made by someone other than the witness testifying and offered to prove its own truth.  There are exceptions to the hearsay rule, but it exists because second-hand statements are unreliable and cannot be tested by cross-examination.

COMMON LEGAL OBJECTIONS QUESTIONS?:  A question asks two or more separate questions within the framework of a single question.  Generally reserved for situations if the witness answers “No”, it is confusing as to which part of the question is being answered.  For example: "Did you find the cancelled cheque on the ground and take it with you?"

COMMON LEGAL OBJECTIONS BADGERING:  An argumentative question is where counsel states a conclusion and then asks the witness to argue with it often in an attempt to get the witness to change their mind.  Also known as “badgering” the witness. Also known as “badgering” the witness.

COMMON LEGAL OBJECTIONS RELEVANCE:  Only relevant evidence is admissible.  Relevant means the evidence proves or tends to prove a fact that is in dispute.  For example, in a case involving a collision of two motor vehicles, the speed that the vehicles were travelling would probably be relevant, but what the drivers ate for breakfast would probably be irrelevant

COMMON LEGAL OBJECTIONS ASKED AND ANSWERED:  Lawyers will often try to emphasize a point by repeating the question that elicited a crucial answer.  Some limited repetition is allowed, but most courts will sustain an objection if the question has been asked two or three times