What is the test for questioning a criminal defendant during the testimony of a witness?
MultiRegion, United States of America
The following excerpt is from U.S. v. Manko, 979 F.2d 900 (2nd Cir. 1992):
A district court must show particular restraint in questioning a criminal defendant during the defendant's direct testimony. At this critical phase of the trial, the court must scrupulously insure that its questions do not indicate that the court doubts that the witness is telling the truth. Mazzilli, 848 F.2d at 388-89; United States v. Victoria, 837 F.2d 50, 55 (2d Cir.1988). Impeaching the defendant is the job of the prosecution, not the court.
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