11 March 2019

The Fence

Agenda
(1) Plan
(2) Execute
(3) Dominate
(4) NOT TAKE 5 SHOTS?

Questions / Loopholes / Inconsistencies

(1) No surveillance
(2) Only 2 police officers
(3) Quantity of shabu
(4) Miranda rights - where recited
(5) Clients are easy targets

What's gonna happen on Tuesday

* Pre-trial
* For objections
- pass notes
- counsels' discretion whether to bring up

**Let's agree on Admissions & Denials

Include in the brief

(1) witnesses
(2) evidence

COMMON OBJECTIONS
1. Leading. Exceptions: preliminary matters, witness is is
unwilling/hostile/adverse/ignorant/child of tender years/feeble minded/deaf mute
2. No basis. Ex: witness is not competent to answer the question, authentication
needed
3. Hearsay.

CROSS EXAMINATION
1. Preliminary considerations.
- know the facts by heart
- investigate
- observe direct (demeanor & type of witness)
- take down notes
- decide if cross is needed
- concentrate on 2-3 important points
2. Usual objections to the cross
- beyond scope of direct (EXCEPT impeaching credibility)
- misleading
- irrelevant
- argumentative
- badgering
3. Kinds of Witnesses (and technique when doing cross)
- Intelligent (show his bias, don't let him repeat or explain)
- Friendly/Sympathetic (don't destroy)
- Hostile/Evasive (show bias, let him exaggerate)
- Biased (ask how he became a witness, if approached by the party, etc)
- Impartial (elicit corroborative facts, make sure there is no error in his
testimony)
- Expert (ask if he was paid a fee, ask how he conducted the tests, ask how many
times he appeared in court as expert, attack qualifications, present article with a
contrary opinion, have him admit the qualifications or expertise of another)
- Children (let them repeat to see if words were coached, strategy in forming
questions - they tend to agree with older people/people in authority)
4. How to assail credibility
- poor eyesight
- lack of personal knowledge
- prior inconsistent statements
- contrary hard evidence
- interest/bias/relationship
- shock treatment
5. How to frame questions
- use short, simple and direct questions
- dont ask questions you don't know the answer to (except if harmless)
- no "whys"
- ask leading questions
- dont ask ultimate questions
- put "yes?" or "right?" at the end of the question
- don't ask to repeat direct testimony (EXCEPT if lying witness and you want to
show that he memorized his story/tells a different story)
- don't argue
- be in control
- be flexible, don't write fixed questions, prepare only points and areas of focus
- make use of pauses, drama, tension
- ask most crucial question at the end for climax; concentrate only on important
issues
6. In arrest cases
- where questioning took place
- when and how long
- number of times interrogated before confessing
- identities of interrogators, backgrounds, extent of participation
- how the confession was prepared
- ask to narrate backwards

Let's ask regarding surrounding circumstance at that time. It's a Saturday and
12:30 midnight na yun. So baka