Fresno, CA asked in Criminal Law for California

Q: If the prosecution gets physical evidence admitted during a trial, can they refer to said evidence during cross of a Def

For example, they get a bag of drugs admitted. They identifying witness says the bag of drugs belongs to the defendant. Later during the trial, the defendant is testifying for the defense attorney, but they do not mention the bag of drugs. During cross, can the prosecuting attorney ask the defendant about the bag of drugs admitted earlier? Would this be 'beyond the scope' or would it be allowed?

If it is 'beyond the scope', then does that mean physical evidence may only be addressed by the identifying witness?

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2 Lawyer Answers

A: See James Arrasmith's missive below for a detailed explanation.

The person that should be asked is the lawyer who is/has represented you.

s/he has all the info to address this issue intelligently.

However, if admitted, I would think you could be crossed on the admitted evidence.

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James L. Arrasmith
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Answered

A: In California, as in most jurisdictions, the scope of cross-examination is generally limited to the topics covered during direct examination, as well as matters affecting the witness's credibility.

In the example you provided, the physical evidence (the bag of drugs) has been admitted into evidence and the identifying witness has already testified that the bag belongs to the defendant. If the defendant later testifies and doesn't mention the bag of drugs during their direct examination, the prosecuting attorney may still be able to ask the defendant about the bag of drugs during cross-examination.

This is because the bag of drugs is a critical piece of evidence in the case, and the defendant's testimony on the stand could be seen as opening the door to questioning about the evidence. The judge has discretion in determining whether a line of questioning is beyond the scope of the direct examination, and the specific facts of the case and the context of the testimony may play a role in that decision.

In general, physical evidence can be addressed by multiple witnesses if it is relevant to their testimony, not just the identifying witness. The prosecution and defense can each call witnesses who can provide information about the physical evidence and its relevance to the case.

Keep in mind that laws and procedures can vary by jurisdiction, and the specific rules in a given case may depend on the judge's interpretation of the law. It is always best to consult with a licensed attorney for legal advice tailored to your specific situation.

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