Isconsin the w defender winterspring 2008 volume 16, issue 1 cross examining police in false confession cases by. Cross examination, like any other element of litigation, does not exist in a vacuum. That protocol is made up of interviews, tests, etc. Crossexamination is, like all other parts of the trial opening, direct examinations and closing, a means by which you argue your case. After the deposition, edit the plan to streamline it for the date of the actual cross examination. Simpson has been litigating personal injury cases, on behalf of both plaintiffs and defendants, for more than 40 years. Ten tips for direct examination and crossexamination. The objects of crossexamination of a nonexpert fact witness include the. To master that art, lawyers need to give cross examination the same attention they do other phases of trial. One of the hallmarks of great crossexamination is the systematic application of techniques employed to establish the greatest amount of helpful information while minimizing the risks inherent in crossexamination. This course is engaging and practical and will equip investigative journalists with a range of clever techniques to get at the truth. Mastering the art of crossexamination l earning to be a lawyer was often by doing. Sample questions to ask when crossexamining witnesses at a.
It can be your best friend or your worst enemy if handled incorrectly. In deposition, cross examine the witness to summarize and lock in her testimony before trial. Delegates will learn about specific techniques in cross examining different kinds of witnesses and be exposed to examples of cross examination. Mastering the art of crossexamination bakerhostetler. Volume 1 european and national legislation in the member states of the european economic area, may 8, 2008, law, 503 pages. Cross examination impacts and influences client preparation, case theory development, opening and final argument, pretrial. Summarized from the art of cross examination by irving younger. The cross examination of the arresting officer in a dwi case provides a classic opportunity to use this method of cross. Organizing your crossexaminationthe chapter method mastering this method of crossexamination requires discipline and practice. Small july, 2017 the classic image of cross examination is of a slashandburn attack on a witnesss credibility. In summary, make your statement, get your yes or no answer and move on. Cross examination, above all other parts of the trial lawyers duties, has the greatest scope and power to shift the dynamics of a trial or change the outcome of a case.
Cross examination, dealing with changing testimony from. The prosecutors cross examination can be an effective. Stephen owenconway qc how to crossexamine a witness. Crossexamination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. From set up to knock down by ben rubinowitz and evan torgan quite often at trial, a witness or a party to an action will offer a different response to a previously asked question in an attempt to create a. Sometimes the best crossexamination, even of a critical witness who just completed a lengthy direct examination, consists of only a question or two. Who what when where how why questions that begin with any of the above are open ended and. District attorney taking a second letter from his files, also folding over. Many litigators, even seasoned trial attorneys, labor to master cross examination. A good cross examination is three quarters preparation, one quarter execution.
Use loops the practice of incorporating and repeating key phrases and terms in successive questions to the witness to rename witnesses and exhibits. The instructional portion of this chapter is built on two timetested cross examination techniques. He put on a legal clinic during the oj simpson murder trial in 95. If youre just starting out, here are seven tips to help make sure you do your first crossexamination right. In cross examination handbook, we use his impeachment of detective mark furhman as an illustration of the contradiction technique.
While becoming great at cross examination is a life long journey, becoming a competent cross examiner is not very hard to do. Cross, in this situation, must expose the witness bias, prejudice, sympathy, empathy, hostility, friendship, and any other interest the witness has in your adversarys case. Cross examination handbook comes with all the materials necessary for roleplay performance exercises for cross examination strategies and skills, including. The words you may crossexamine the witness presents a challenge to every.
Preparing a detailed list of those factors before ever setting foot in court can serve as a roadmap for a powerful cross on bias. It is undoubtedly the most technically difficult skill an advocate has to master. Watch the video at the bottom of this page to see bailey at work in clips of his cross examinations in the o. Irv ing y oun ger enuncia ted a n um ber of rule s f or ef f ective cross ex am inatio n som e of which. Science and techniques, second edition, larry pozner and roger dodd continue their outstanding tradition of helping attorneys conduct commanding cross examinations. Chapters for cross examination most cross examinations involve either impeaching the story or the storyteller. Howell assistant capital defender 123 west main street, suite 401 durham, nc 27701 checklist for preparation of snitch cross examination i. Every successful crossexamination hinges on a combination of all these factors. Like a weapon, it must be treated with respect and understanding. How to cross examine a witness in an australian court by stephen owenconway qc the object of cross examination 1.
The rules of the game cross examination is the litigators greatest weapon, but properly playing the game requires knowledge of the rules and maximum preparation. Nacdls crossexamination manual, navigating your way through crossexamination. Crossexamination techniques lessons from civil jury trials. One of the hallmarks of great cross examination is the systematic application of techniques. Based on the sum total of the tests and interviews, you and the others decided that the child had been abused. A useful practice is to prepare a separate file or files of documents which are. Tips for effective crossexamination gentry locke attorneys. The purpose of this article is to suggest that the conventional wisdom be reconsidered. Consider it a test run to determine whether your plan is going to work. Introduction cross examination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. If professor youngers commandments could be summed up in a single phrase, i submit that phrase would be. A mountain of evidence was stacked against simpson, but the defense obscured the. This is the fourth publication in a series designed to increase the fields understanding of the science of dna and its application in the courtroom. Cross examination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officers competency or even integrity.
Crossexamination is not a time for the lawyer to grandstand or win a battle of wits with the witness. Examination, crossexamination, and redirect examination. Objects and documents referred to during direct, but. According to at least one judge, most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of crossexamination. The basics of cross examination trial practice tips. Cross examination of a witness is a critical part of trial. Pdf dirty tricks of crossexamination the influence of conjectural.
Prospectus for the public offering of securities in europe. The criminal defense practitioner cannot hope to become proficient in the art of crossexamination without first becoming thoroughly conversant with the. Cross examination before focusing on impeachment techniques, a brief overview of cross examination in general is in order. The objective of cross examination techniques course is to aid delegates in to be able to effectively test evidence and the ins and outs of a trial situation. The basics of cross examination cross examination is one of the toughest skills for a trial lawyer to become good at. In order to do this, you have to organize your crossexamination. These will be factors to consider when deciding whether and to what extent to present a defense case. The second edition offers deeper analysis of cross examination methods, with more integration and interrelationship of techniques and principles. The clinician will conduct a clinical interview of the client and after discussion with the lawyer can administer tests such as an iq test, general personality functioning tests, the gudjonsson suggestibility scale 4 and the grisso miranda comprehension test 5. Unfortunately, most lawyers do not crossexamine witnesses well and forget that the purpose of. In the 1970s, when carolyn lamm, one of the contributors to this book, and i shared a cramped office in the justice department, we were given 60 files, and told to file lawsuits where appro priate, try the cases where necessary, and come back for more when we. In informant cases, it is more common than not, that the informants credibility will be the main focus of your cross examination.
The role of cross examination the role of cross examination is to weaken or discredit the testimony of the opposing witness and to obtain from that witness testimony favourable to your case. The second edition offers deeper analysis of crossexamination methods, with more integration and interrelationship of techniques and principles. Sequence cross examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility. You can challenge a witnesss testimony or statement by. Crossexamination for investigative reporters 1 journalists can learn a lot from lawyers about the art of strategic questioning. Preparation for cross examining the snitch michael g. The wisconsin defender cross examining police in false. For example, consider a case in which the other side has an expert. What techniques are available to me to avoid quarreling with the witness or asking the one question too many or permitting the witness to explain his answers. The information that the witness gives is testimony. There is an element of risktaking in every cross examination.
Cross examination is sometimes exciting, fast, and fun to do. But there are many different ways to conduct a cross examination and. Refreshing recollection, a technique for prompting a witness memory, varies substantially. The objects of cross examination are to elicit favourable admissions or concessions from the witness. You have to think about the points that you want to make on crossexamination and then break them down into a multitude of little points. First, do no harm to your clients case on cross examination. In many, if not most, cases, an effective cross examination can be developed without taking the deposition, working only from the physicians records, or narrative report. An effective cross examination can strengthen your case by bringing out favorable information, undermining andor attacking the witness, and getting fresh discovery particularly in criminal cases. In fact, some lawyers seem to have no other style or approach. Master trial attorney james brosnahan offers these ten tips for acing cross examination. Crossexamination of experts presented by barry schu ltz. Attorney deja vishny many criminal defense lawyers are filled with dread at the idea of trying a confession case.
Once you have figured out which witnesses and documents support each. What works for one expert, or alj, may not work for another. The other three publications offer free online training tools for teaching officers of the court about forensic dna analysis. In many ways, crossexamination is the most fun part of trial practice, but it is even better when you have. Have the entire cross examination plan ready to go by the date of the deposition, so you can see how the witness will respond. He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses. Cross examination is defined as the method that lawyers use to get information from a witness. Sound application of techniques can reduce the risks of cross examination, but never extinguish the risks.
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