It's pretty much just TV.
I was once asked for a "YES" or "NO" only answer on the stand. (I used to have to testify for work a lot). I fell back on something my Dad taught me:
"Sure.. I'll answer YES or NO only for you. If you answer one for me first... Have you stopped molesting your children?
YES or NO. Simply YES or NO only, please...."
(I was subsequently allowed to answer my question in full)
2007-10-03 09:14:28
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answer #1
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answered by Andrew Wiggin 4
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On cross examination the opposing attorney will typically ask a witness "yes" or "no" questions only, and will do everything in their power to cut the witness off after they've said "yes" or "no", even getting the judge to help. This is perfectly acceptable in the eyes of the law, because your attorney is allowed to stand up afterward and ask "redirect" questions giving the witness a chance to explain anything they didn't get a chance to explain under cross examination.
So, you don't have any real right to have your witnesses explain their answers that could spring the accussed out of jail. You just have to rely on your attorney to give the witnesses a chance to explain.
2007-10-03 16:12:13
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answer #2
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answered by TampaLawyer 2
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The witness has to ask the question as it is posed.
So on cross-examination, lawyers, both defense attorneys and prosecutors, should favor yes/no questions to open questions, so that they have more control over the information that the witness says. If the witness tries to explain when he/she was not asked for an explanation, the cross-examiner can ask the judge to ask him/her to stop.
However, the other lawyer then gets a chance for re-direct examination. They are only allowed to ask questions that have to do with the cross-examination question, but they can certainly ask for elaboration on those yes/no answers, if they think it'll help.
So yes, the witness has to answer "Yes" or "No", but the defense attorney can ask them to explain a few minutes later, so people shouldn't be going to jail for incomplete answers.
2007-10-03 16:22:34
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answer #3
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answered by enaronia 2
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This is just a nasty trick used by barristers to try and make you look dishonest. They will ask a question that may contain only partly the truth and will insist on you giving a yes or no answer to it, so later they can say that you lied. They get quite excited doing this and sometimes leap up and down shouting 'yes' or 'no; Mr So and So?
If the statement in question isn't entirely true then you must answer that you cannot give a definite answer and pause until he has finish ranting and then ask politely 'are you going to let me explain why I cannot give a definite answer?' Your solicitor will be able to object to any unfair questioning.
2007-10-03 16:27:11
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answer #4
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answered by lilmissdisorganised 6
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The yes, or no response is for the prosecuting attorneys benefit. If the defense attorney is paying attention, he will ask the same question so the defendant will be able to answer, and explain. Just remember, you're sworn to tell the whole truth, not just what they want to hear.
2007-10-03 16:14:34
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answer #5
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answered by CGIV76 7
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It's pretty much just TV. The defendants lawyer can ask followup questions on redirect.
2007-10-03 16:08:47
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answer #6
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answered by davidmi711 7
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It is just TV. All you have to do is ask the judge if you can qualify your answer with an explanation. The opposing counsel can not stop you from talking, only the judge.
2007-10-03 16:12:09
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answer #7
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answered by Charlie Fingers 4
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Have the defendant or his lawyer ask the same questions.
2007-10-03 16:12:44
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answer #8
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answered by george 5
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Just television though the attorneys can stop the answers if they believe that it unduly influences the jury.
2007-10-03 16:12:07
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answer #9
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answered by Lex 7
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