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Cross Examination Questions

This document appears to be a transcript from a legal proceeding that includes objections, motions, questions, and statements from various parties. It discusses topics such as: 1. Questions asked of a witness regarding their interactions with someone and events surrounding a crime. 2. Objections raised regarding assumptions of facts not in evidence and badgering of a witness. 3. Motions to exclude evidence based on alleged violations of discovery rules and tampering. 4. Statements made by various parties regarding the evidence, timeline of events, and credibility of witnesses. The transcript covers a wide range of issues and lacks context, so it is difficult to determine the specifics of the legal case or issues being

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219 views

Cross Examination Questions

This document appears to be a transcript from a legal proceeding that includes objections, motions, questions, and statements from various parties. It discusses topics such as: 1. Questions asked of a witness regarding their interactions with someone and events surrounding a crime. 2. Objections raised regarding assumptions of facts not in evidence and badgering of a witness. 3. Motions to exclude evidence based on alleged violations of discovery rules and tampering. 4. Statements made by various parties regarding the evidence, timeline of events, and credibility of witnesses. The transcript covers a wide range of issues and lacks context, so it is difficult to determine the specifics of the legal case or issues being

Uploaded by

timothymarkmaderazo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Isn’tit possible that it confused you as to ..

Do you watch TV? Is the television on that night?

Who are you talking,

And then you stopped talking to talked to her?

Do you usually greet your neighbors?

1. How did you meet ____ ?


2. That’s the time that you started sleeping together?
3. What time did ___ come to your house at the time that the children were murdered?
4. He was not seen by other housemates?
5. When was the last time you spoke with ___?
6. Has there been any contact since?
7. Nothing at all?
8. Then explain the call you made yesterday from your home to Charles in prison?

(objection) assumes fact not in evidence

9. This is the phone recovered from ___ residence, recording the incoming call which came from
defendant’s phone

10. Did ___ pay you to lie on this case?

Objection (badgering the witness)

11. Financial motive


12. Fingerprints
13. Let’s not waste anymore taxpayer’s money

14. Objection: this evidence was not disclosed to us during pre trial thereby violation rule ___

It is in the discovery your honor, may be the other party did not just search hard enough

15. Motion to exclude evidence on the basis of tampering

They concealed this evidence violating ____

16. We have fully complied with our discovery obligations

17. What time did the defendant post this selfie?

18. Is it possible that you were unable to tell the time because you were making a call

19. What time do you usually have dinner?

20. Do you watch TV at night

21. Is the TV on that night?

22. What time did the witness post this selfie which you will now show us?

23. Let the record state that this photo was posted 7 minutes before Ms. Guarin called 911

7 minutes that could have saved the victim’s life


Police officer
24. Establish ill motive
25. Is there a previous quarrel between police officers and the acccused
26. Is there a reason for them to fabricate
27. in order to convict an accused the circumstances of the case must exclude all
and each and every hypothesis consistent with his innocence
28. Ample time to implant the shabu
29. Can you recall what was the first item included in that list which you signed in the first
page

30. When ______ testified before this Honorable Court that she was not insane when she
killed her children, what can you say to that statement made by her?

She is lying your honor

31. What about the stamenent that the __ was never found?
That is a lie your honor

32. Why do you say that?

Witness:

Because during the preliminary investigation, we were surprised why our


witness has taken side, it is on the side of the accused Benny Go so I
decided to pay him a visit that day after that confrontation on June 23 and I
asked him what happened, tinanong ko siya kung ano ang nangyari bakit
mukhang nakampi na siya roon sa kabila. Ang sagot niya sa akin ang sabi sa
amin ni Atty. Galing kakausapin ka rin niya. That is the exact words.

Atty. Reyes:

We will object to that for being hearsay. May we move that the latter portion be stricken
off the record.

With the persistence of nagging doubts surrounding the alleged discovery and
seizure of the shabu, it is evident that the prosecution has failed to discharge its burden
of proof and overcome the constitutional presumption of innocence. It is thus not only
the accuseds right to be freed; it is, even more, this Courts constitutional duty to acquit
him. [112] Apropos is the ruling in People v. Aminnudin,[113] viz:
Those who are supposed to enforce the law are not justified in disregarding the right
of the individual in the name of order. Order is too high a price for the loss of
liberty. As Justice Holmes, again, said I think it is less evil that some criminals should
escape than that the government should play an ignoble part. It is simply not allowed
in the free society to violate a law to enforce another, especially if the law violated is
the Constitution itself. [114]

What did you see first when you entered the house?

Was did you first touch?

First responder

The burden rests in the Prosecution to see to it that the evidence of guilt satisfies
the standard of moral certainty demanded in all criminal prosecutions. The
standard demands that all the essential elements of the offense are established as to
leave no room for any doubt about the guilt of the accused. The courts should
unfailingly impose the standard in order to prevent injustice from being perpetrated
against the accused.
Evidence to be believed must not only come from a credible witness but must in itself be
credible.

How to destroy credibility of the witness

No testimony was presented to link her to the teacher’s abortion.

Also it took 42 days after the incident that she was brought to the hospital for the
discharge of fetus. That is too lengthy a time
The discharge of her fetus must be shown to be the direct of the assault of the offender

Here, the abortion may have been the result of other factors.

No, the criminal intent to commit the offense was not proven by the prosecution

"Of great weight in Our criminal justice system is the principle that the essence of an
offense is the wrongful intent (dolo), without which it cannot exist.Actus non facit
reum, nisi mens set rea, the act itself does not make a man guilty unless his intentions
were so. Article 3 of the Revised Penal Code clearly indicates that malice or criminal
intent (dodo) in some form is an essential requisite of all crimes and offenses defined
in the Code, except in those cases where the element required is negligence (culpa).[37]

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