How Witness Examinations Work in New Jersey Criminal Trials

Witness examinations are a critical part of any criminal trial in New Jersey. The testimony provided can make or break a case, so attorneys take witness prep very seriously. Let’s break down how it all works.

Direct Examination

The direct examination is conducted by the attorney who called the witness to testify. The goal is to get the witness to provide testimony that supports their side of the case.

The attorney will likely start by asking basic background questions to establish who the witness is and their relation to the case. After that, the questions will move chronologically through the events relevant to the case. Leading questions are generally not allowed in direct examination, so the attorney will phrase questions open-endedly and allow the witness to provide a narrative response.

It’s key that the attorney prepares the witness thoroughly prior to direct examination. They will walk through the questions and answers to ensure the witness gives helpful testimony. It’s not about memorizing a script, but about understanding the case strategy and articulating answers naturally.

Cross-Examination

After the direct examination comes the cross-examination, conducted by the opposing attorney. The goal now is to poke holes in the witness’s testimony and cast doubt on their credibility.

The cross-examining attorney has more leeway to ask leading questions that limit the response. They may confront the witness with contradictory evidence or inconsistencies in their statements. However, attorneys must take care not to badger or harass the witness excessively.

An effective cross-examiner will attempt to control the narrative and expose any bias, inaccuracies or exaggerations in the testimony. Pointing out a witness’s stake in the case or motive to lie can significantly undermine their credibility.

Expert Witnesses

Expert witnesses may be called to analyze evidence and offer opinions based on specialized knowledge, training, education or experience. Common areas of expertise include medicine, psychology, forensics, law enforcement practices, and industry standards.

The attorney calling an expert witness must establish the witness’s qualifications under New Jersey Rule of Evidence 702. The opposing side may voir dire the witness to challenge their expertise.

Experts are typically allowed to offer opinion testimony that ordinary witnesses cannot. However, it’s improper for an expert to opine on the defendant’s guilt or truthfulness. Their role is to interpret evidence and educate the jury.

Child Witnesses

Children can be especially vulnerable on the witness stand. Attorneys take care in questioning child witnesses to avoid confusing or intimidating them. Leading questions may be allowed on direct exam of children to obtain basic facts.

For very young children, the judge may allow testimony via closed-circuit television instead of open court. This accommodation protects children from facing the accused directly.

Children must still understand the difference between truth and lies and the duty to testify truthfully. However, caution is advised in impeaching or discrediting child witnesses. Aggressive cross-examination risks unfairly influencing the impressionable child.

Character Witnesses

Character witnesses are called to testify about a person’s reputation and opinions of their character, such as honesty or peacefulness. In New Jersey, criminal defendants can offer evidence of good character to prove it’s unlikely they committed the crime.

The prosecution can rebut character evidence by cross-examining the witness about their knowledge of the defendant’s specific bad acts. However, the acts must have a good-faith basis and cannot be based on mere allegations or rumors.

Character witnesses are usually limited to testimony about community reputation. Personal opinions are generally improper unless the witness has sufficient contact with the defendant to support their opinion.

Impeachment

Any witness can be impeached on cross-examination by attacking their credibility or showing they are biased. Common methods of impeachment include:

• Prior Inconsistent Statements: Showing the witness has contradicted their current testimony elsewhere.
• Bias/Motive to Lie: Questioning the witness about any bias, prejudice, or incentive to lie based on their relationship with the parties.
• Lack of Capacity: Questioning ability to perceive, remember or recount events due to mental or physical conditions.
• Character for Untruthfulness: For some witnesses, credibility may be attacked through reputation or past instances of lying.
• Conviction of a Crime: Admissible for felonies or crimes involving dishonesty.

Impeachment is an important tool for undermining damaging testimony. But it can backfire if perceived as overly aggressive or misleading, so it must be conducted carefully.

Recross-Examination

After cross-examination, redirect examination allows the original questioning attorney to rehabilitate the witness. Then recross-examination gives the cross-examiner a second chance to clarify any new matters raised on redirect.

Recross is usually brief and narrow in scope. It’s not an opportunity to repeat questions already asked. The judge may limit recross-examination to prevent wasting time on redundant testimony.

Practical Considerations

Here are some additional practical tips for examinations:

• Objections should be concise (“Objection, hearsay”), not a speech. Judges rule on the legal basis, not arguments.
• Avoid asking open-ended questions that allow the witness to ramble. Ask focused questions targeting specific facts.
• Don’t ask questions you don’t know the answer to.
• Control the pace and flow. Don’t allow the witness to filibuster or stall with long-winded answers.
• Use clear and simple language. Avoid legal jargon or complicated questions that confuse the witness.
• Listen carefully to answers. Follow up on inconsistencies or new information.
• Be respectful. Never argue with or berate the witness.

Thorough witness preparation and pointed examinations require experience and skill. Don’t hesitate to retain an experienced New Jersey criminal defense attorney to handle examinations and optimize your trial strategy. With so much on the line, you need an advocate you can trust to get the most out of witness testimony.