What Questions Do Defense Attorneys Ask Witnesses?

Imagine being on the witness stand. Your heart races as you wait for the next question, and suddenly it hits you: “Why are they asking this?” It’s not what you see on TV. Defense attorneys are highly strategic in the questions they ask, and it’s not always about what you say—it’s about how you say it. They aim to create doubt, challenge credibility, and sometimes, set traps that are invisible to most people. Let’s dive into the nuanced questions defense attorneys ask and why they’re asked in the first place.

In high-profile cases, defense attorneys aren’t just playing defense—they’re controlling the narrative. Their questions are designed to influence not just the answers, but the perception of the jury. They might ask seemingly simple questions like, “What time did you see the incident?” What’s so tricky about that? Well, it’s not about the time—it’s about establishing if your memory is reliable. If you hesitate or misremember, your entire testimony can be called into question.

One classic move is to ask open-ended questions that allow witnesses to either reinforce their credibility or trip up. For example, “Can you describe what happened in your own words?” The goal here is to gauge the witness’s confidence and consistency. A witness who delivers a precise account is more trustworthy. But if their story changes, even in minor ways, it could suggest dishonesty or confusion.

Another common tactic involves leading questions—questions that suggest a specific answer. These often start with phrases like “Isn’t it true that…” or “Wouldn’t you agree that…?” This puts pressure on the witness to conform to the attorney’s version of the truth. A classic example is: “Isn’t it true you didn’t see the suspect clearly?” The power here lies in the psychological effect of subtly encouraging agreement. Jurors pick up on this—consciously or not.

Defense attorneys may also ask questions that are seemingly irrelevant or repetitive. Why? It’s a test. They might be trying to see if the witness becomes frustrated or defensive, which could undermine their credibility. Asking the same question in different ways can reveal inconsistencies in a witness’s testimony, and when repeated enough times, it can wear down even the most confident witness.

Now, the really clever stuff comes in when they start probing with hypotheticals. A witness might be asked, “What would you have done differently if you had known X?” This kind of questioning gets the witness to imagine scenarios that never happened, sometimes forcing them to speculate. This is a dangerous trap—speculation can be used to discredit testimony by making it appear unreliable.

In more technical cases, such as financial or medical disputes, the defense might ask highly specific, technical questions aimed at tripping up expert witnesses. For example, in a medical malpractice case, they might ask, “On page 347 of your notes, you mentioned a different treatment approach. Can you explain why?” It’s not about the specifics of the treatment—it’s about catching the expert off-guard, making them seem unprepared or mistaken.

But what’s most fascinating is when defense attorneys use emotional questions. Imagine being asked, “Do you care about the truth?” It’s a powerful psychological maneuver. Suddenly, the witness is placed in a moral corner. Any hesitation in response can be interpreted as dishonesty or a lack of integrity. The jury takes note of not just the answer, but the emotional response.

Let’s not forget about questions meant to challenge a witness’s memory. Memory is fallible, and defense attorneys know this. They might ask, “How certain are you that the event happened on this exact date?” or “Is it possible you’re mistaken about the timeline?” These questions plant seeds of doubt in the minds of the jurors, making them question how reliable the witness’s testimony really is.

A critical aspect of defense questioning is also cross-examination. This is where defense attorneys shine. Their goal is to poke holes in the prosecution’s case by undermining witness credibility. Questions like, “Didn’t you testify differently in the preliminary hearing?” are designed to catch inconsistencies, making witnesses appear unreliable. This is a crucial moment because if the defense succeeds in discrediting key witnesses, the entire prosecution’s case can crumble.

Finally, there’s the tone and pacing of questions. Defense attorneys often use a calm, measured tone when questioning, creating a false sense of security for the witness. But then they can suddenly switch gears, becoming more aggressive, to catch the witness off-guard. This rapid change can cause witnesses to become flustered, further damaging their credibility.

In the end, every question defense attorneys ask serves a purpose: to protect their client by creating reasonable doubt, challenging the prosecution's narrative, or undermining the witness’s credibility. It’s not just about getting answers; it’s about shaping the story that the jury hears and, ultimately, what they believe. If you ever find yourself on the witness stand, remember this: it’s not just the question you’re answering, but the game you’re playing.