During the prosecution case in chief, defense is not permitted to ask witnesses any questions that are outside the scope of the direct examination.
If the defense has questions 'outside the scope', they must call that person as a defense witness.
Correct, but CourtTv lawyers discussed how to handle that during cross and eliminate the need to recall a witness for some (stupid) reason that actually doesn't help the defense case. Seriously, having the crime scene witness back and testify to ... wtf? not a damn thing that helped the defense and it only served to waste court time and possibly tick off the judge and jury. Mummert questions:
"What is this?" The view from the laundry room into the kitchen.
"What is this with cylindrical opening?"
The washing machine. Mummert again:"Oh mumblemumble".
"What is this?" A dog dish.
"What is this?" A dog dish.
"What is this?" The doorway to the pantry.
Then later, he asked her about the shredded document "Is it signed" No.
Good grief.
I wish I could remember exactly what was said about working the cross to avoid re-calling a witness. I know that depending on how a witness answers the same question on cross, the lawyer could take that nugget and potentially expand from there to where they want. We've seen it a million times in court dramas (Law & Order for example), but this was a real life lawyer who said it today.
Sometimes, when worded differently or with attitude, even asking the same question on cross examination can elicit a similar answer but with added emotion, words, thoughts, emphasis, etc.
That's what can be expanded. People will sometimes blurt out more than they intend when angered or frustrated.
I'm sure I'll hear it again today (I have it on TV all day while I work on puter), so I'll post it when I hear it. It was really good.