ASIS International (ASIS) Professional Certified Investigator Practice Exam

During which type of examination is the defense attorney allowed to question the defendant?

1. Cross examination

2. Direct examination

3. Rebuttal

4. Redirect examination

The correct answer is: Direct examination

In a direct examination, the defense attorney is permitted to question the defendant to present their case to the jury. This phase allows the defense to explore the defendant's perspective, clarify any ambiguities, and provide context to the evidence presented against them. The goal is to allow the defendant to tell their side of the story in a structured manner, fostering a narrative that supports their defense strategy. During direct examination, the attorney asks open-ended questions to draw out detailed responses from the defendant, enabling the jury to understand key points of their account. The questioning is usually conducted in a manner that avoids leading questions, ensuring that the defendant's testimony is presented clearly and fully without undue influence. In contrast, other types of examinations, such as cross-examination, are conducted by the opposing party and are usually designed to challenge the credibility of the witness or highlight inconsistencies in their testimony. Rebuttal is aimed at countering evidence presented by the opposition, while redirect examination is a follow-up questioning phase that occurs after cross-examination to clarify or rehabilitate the witness's testimony. These types do not focus on allowing the defendant to present their narrative in the same way that direct examination does.