When the FBI Comes Calling…®
THE FEDERAL CRIMINAL TRIAL (Continued)
Direct Examination
The first side to present its case-in-chief is the government. It has the burden of proving that, beyond a reasonable doubt, the defendant committed the alleged crimes. To prove the defendant's guilt, the government must present evidence that supports this, and eliciting testimony on direct examination (which is defined as "The first questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify." Black's Law Dictionary 492 (8th ed. 2005)) is part of a complex procedure.
Rule 601 of the Federal Rules of Evidence [hereinafter FRE] states that "[e]very person is competent to be a witness," unless there is some exception found in the FRE. However, the witness can only testify about things within that person's personal knowledge. FRE 602. It is up to the direct examiner to get the witness to establish that he has personal knowledge of the matter. Id. This is often done through the witness's own testimony, which can be given only after an oath or "affirmation administered in a form calculated to awaken the witness' conscience and impress the witness's mind with the duty" to testify truthfully. Id. 603.
During direct examination, no leading questions may be asked, except "as may be necessary to develop the witness's testimony." Id. 611(c). They may be used to refresh a witness's recollection of events, or to quicken the pace of trial. 3-RULE 611 Federal Rules of Evidence Manual § 611.02 (2005). The general idea behind this rule is that the jury wants and needs to hear the testimony from the witness, rather than the lawyer, and leading questions prohibit the jury from getting a full picture. Id. On the other hand, leading questions are essential for cross-examination.