Lecture Notes: Direct Examination in Legal Proceedings

Introduction to Direct Examination

• Direct examination allows the lawyer to question a witness they have called.
• The goal is to have the witness tell the full story.
• The witness should serve as the "star" to explain events to the judge.

Techniques for Direct Examination

• Lawyers use open-ended questions.
  • Questions typically start with: Who? What? Where? When? Why?
  • This style allows the witness to provide the main information.

Case Study: Direct Examination of Constable Rachel DiCarlo

Opening Statements

• Mr. Bouzis introduces himself and states he will conduct the direct examination.

Examination Begins

• Witness: Constable Rachel DiCarlo
• Profession: Employed by Toronto Police Service, 13 Division.
• Location: 13 Division near Eglinton Avenue, Toronto.

Examination of Evidence

• DiCarlo confirms police notes written at the time of the event, in own handwriting, in pen.
• No changes or corrections made to notes.
• DiCarlo recalls events but needs notes to refresh memory.

Details of March 10th, 2010 Incident

• Time: 7 PM
• Event: Called to inspect an assault and robbery near Eglinton Avenue.
• Crime Scene Description: Lamppost 10 meters from alleyway, ample lighting from nearby buildings.

Follow-up Investigation

• March 11th: DiCarlo visits Anver Williams in the hospital.
  • Description of Williams: Bruised, black eyes, broken nose, bandaged ribs.
  • Obtained a full report from Williams.

Developments in Investigation

• April 9th: Principal from Tomorrow Secondary School contacts DiCarlo.
  • Hearsay Objection: Overruled to explain narrative, not for truth.
  • Suspect Identified: Donovan Tisi, rumors of involvement in robbery.

Identification Process

• Constructed a photo lineup with similar characteristics.
• Victim's Identification: Anver Williams identifies Donovan Tisi.

April 10th, 2010 Actions

• Visited Donovan Tisi’s apartment.
  • Found Evidence: Basketball shoes matching stolen items found outside apartment.
  • Shoes described as high-tops, black, white, and red.
  • Shoes entered as evidence after identification by witness.

Conclusion of Examination

• Arrest of Donovan Tisi for assault and robbery.
• Evidence including shoes placed in a secure evidence bag and stored in locker.

Summary

• The direct examination is crucial for revealing facts through the witness’s testimony.
• Properly structuring questions ensures the witness provides comprehensive information.