I'm sorry but not only do prosecutors do these sorts of things all the time but defense lawyers do it as well. There are many times watching live trial streams where I see a question asked where things are taken out of context. That too is misconception and lawyers do not get reprimanded on it even in the US.
It was Amanda's lawyers job to rehab her on cross about these phone calls. Thats how it would've been done in the US.
Amber, you are exactly right with everything you just said. I have also seen this in numerous trials, both from defense and prosecution. As you said, it is then the opposing counsel's job to spot these and then go back on re-direct with their client and point out the inconsistencies.
I have even seen lawyers try to, essentially, IMO, trick the jury. For example, in Jodi Arias case, the ME made a mistake in his report and said the brain cranium (or something like that), was NOT penetrated. If that had been true, then there was a chance the bullet would not have penetrated the brain, which the ME stated multiple times on the stands that the bullet definately penetrated the brain and there was no other possibility. The ME was called to the stand multiple times, first in direct testimony, and then in rebuttal. So the defense had multiple opportunities to question him on that sentence in his report, which if correct, would have been huge for their case.
Then in rebuttal, the defense called their own person who supposedly was an expert on pyschology AND on forensic stuff. The defense asked
HIM about what it meant that the ME wrote in his report, that the cranium had not been penetrated? Their expert said that would mean the bullet did not penetrate or pass through the brain. This was a huge point for the defense as it was a central point for the prosecution that the bullet passed through the brain and thus the victim was unconscious and incapacitated very quickly.
The actual ME comes on the stand again, called by prosecution.
Again, no question about this to the ACTUAL ME by the defense, even though they had extensively covered the ME's sentence with their own expert.
The prosecutor (Juan Martinez) also doesn't bring up the defense's finding of the sentence in his report, I'm assuming because he didn't want to draw attention to it because he knew it was just an error.
AND thennnnn...............at the very last chance that the ME could get on the stand in the trial, there comes a jury question.
One of the jurors asked about his report and why did he say the cranium had not been penetrated? THe ME is surprised, and says, "oh that is just an error, a typing error, sorry."
WHOA. Talk about deflating the balloon.
Now why did the defense not ask the person himself who wrote the report, the ME? Instead of not only asking about it from their own expert witness, but making a big deal about it?
Could it be, becaues they didn't want to ask him, because they knew he would then admit that it wsa simploy an error?
Because they knew all along that it was just a typo.
But they didn't want his confirmation on record that it was a typo.
So that they could then go back during closings, when the ME didn't have a chance to respond, and say, Oh look at what he wrote!!!! See, he said right here, that the brain didn't get penetrated!! See, see, jury, right here!
Talk about trying to fool the jury!!!!!
I believe the prosecutor knew this, but didn't bring it up because he didn't want to make a big deal about it and make the jury think it was a big deal, when in reality it wasn't, only a typo.
If it hadn't been for the jury question, the jury would have not known the truth and would have just been confused at the end about this whole "brain penetration" thing. Because surely the defnse would have tried to fool them.
Prosecutors do it too. Juan Martinez EXPERTLY caught Jodi Arias in
a lot of lies. If he had spoken SLLOOOWWLLLYY and given her time to think of the answers, she would have had time to make up some lie to suit her story. But he went at her, bam, bam, bam, she didn't have time to think and that when the truth of her all her lies came out.
I don't agree that it's wrong for the prosecutors to employ the tactic. Obviously, if you give a killer time to think up answers to suit the evidence,
THEY WILL! Do we really think the killers care about lying to the jury??