Watch the video at the bottom of this page to see bailey at work in clips of his crossexaminations in the o. What background or baggage does this witness bring that. Successful cross examinations capture the attention of the jury and judge and expose the. You need to know the questions you are going to ask, ask them without notes, and.
Many litigators, even seasoned trial attorneys, labor to master crossexamination. While becoming great at cross examination is a life long journey, becoming a competent cross examiner is not very hard to do. Strategies for effective crossexamination osgoode hall professional development. 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 legal definition of crossexamination.
Delegates will learn about specific techniques in cross examining different kinds of witnesses and be exposed to examples of. The subject of crossexamination is one of vital importance in the conduct of law cases because only it has the power to sift the truth from falsehood. Crossexamination tips for computer forensic examiners what sets a forensic examination apart from any other exploration and reporting of the contents of a computer system is the prospect of presenting those findings in court under oath. The crossexaminer must be effective, yet efficient. Although crossexamination can be the part of trial that is the most fun for experienced trial lawyers, preparing good crossexamination takes a lot of thought and hard work. Vieth 1andsuzannatiapula 2 national center for prosecution of child abuse 1 j update isanewsletter publishedbyndaasnational centerforprosecutionofchild abuse. First determine your objectives it is rare that a cross examination will result in the total and utter destruction of the medical experts credibility and opinions. Your crossexamination should start out crisp, and clean.
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. Crossexamination is questioning by a party other than the one who called the wit. Crossexamination techniques lessons from civil jury trials. In deposition, crossexamine the witness to summarize and lock in her testimony before trial. Crossexamination is a delicate art, one requiring great skill and expertise. It can be your best friend or your worst enemy if handled incorrectly. The 21 golden rules for testifying on crossexamination by james j. Pdf this article is a resource for lawyers approaching the crossexamination of forensic scientists and other expert witnesses. If you have followed the advice in chapter three, you have met with. Cross examination before focusing on impeachment techniques, a brief overview of cross examination in general is in order. For more trial advocacy tips and techniques, visit. Ten tips for direct examination and crossexamination. Cross examination is one of the toughest skills for a trial lawyer to become good at. Examine every document, transcript, email, and writing.
Introduction many lawyers spend a considerable amount of their trial preparation thinking about voir. Cross examination of a witness is a critical part of trial. Cross examination tips by one of new hampshires foremost trial attorneys, charles p. Master trial attorney james brosnahan offers these ten tips for acing cross examination. The lawyer is aggressive, and the witness either folds under the intense questioning or erupts in anger. Successful cross examination is not about charisma and oratory, but about hard work and following simple tips. One of the hallmarks of contemporary litigation is the ubiquity of expert witness testimony. The 21 golden rules for testifying on crossexamination. According to section 7 of the indian evidence act, the examination of a witness by the adverse party shall be called his crossexamination. Only by having an alert, fresh mind, can the crossexaminer deal with the giveandtake spontaneity that cross examination involves.
This white paper provides succinct advice for expert witnesses on how to excel during cross examination. How can you effectively use repetition during crossexamination. Sample questions to ask when crossexamining witnesses at a. Like a weapon, it must be treated with respect and understanding.
If the answer is yes, this material becomes fair game for crossexamination. Introduction cross examination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. The objects of crossexamination of a nonexpert fact witness include the following. The second edition offers deeper analysis of crossexamination methods, with more integration and interrelationship of techniques and principles. In movies and tv shows, crossexamination is always the most dramatic part of a trial. If youre tense and scripted, your cross may fall apart if the witness gives answers you dont expectand he or she likely will. The basics of cross examination trial practice tips. Who what when where how why questions that begin with any of the above are open ended and.
To make the jury believe that the crossexamining lawyer is closer to the facts than the. Crossexamination crossexamination serves to discredit direct testimony, to discredit the witness, and to reflect on the credibility of other witnesses. Crossexamining the difficult witness federal defenders ny. List the available evidence on every subject and cross reference each source. However, crossexamination does provide counsel with an. At this session, counsel can decide on the suitability of the witness, acclimate the witness to courtroom procedures, provide advice that will enhance her credibility, 3. This guide was created by the national traffic law center of the national district attorneys. In crossexamination handbook, we use his impeachment of detective mark furhman as an illustration of the contradiction technique. 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. Crossexamination before focusing on impeachment techniques, a brief overview of crossexamination in general is in order. See francis wellman, the art of crossexamination 122 1919. Crossexamining complainants in sexual assault proceedings.
These should not be considered rules but rather red flags since experience demonstrates that most mistakes in crossexamination are made when the red flags are disregarded. To master that art, lawyers need to give cross examination the same attention they do other phases of trial. Notes and tips on answering crossexam questions nolo. The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that persons testimony, to develop the testimony further, or to accomplish any other objective. Crossexamination should be structured to begin with your second strongest position, and end with your strongest. Sound judgment, not rules, must determine how the crossexaminer approaches each witness. It must be prepared with deliberation and forethought. While no substitute exists for experience i have tried to outline some practical guidelines to assist those who are developing their own style and. During a trial, your cross examination of the opposing counsels witness is an opportunity to make him or her appear unreliable. For more trial advocacy tips that will help you persuade.
How to handle cross examination at a trial with pictures. Even if the witness doesnt get to elaborate on crossexamination, the defense attorney can usually provide that opportunity on redirect examination. If you follow these basic tips of cross examination you will be well on your way. After witness kit carson testifies and identifies james as. On crossexamination, however, it is usually impossible to rehearse, so you will have to rely on meticulous preparation. The rules of evidence and trial procedure that guide the questioning of. Stephen owenconway qc how to crossexamine a witness. The words you may crossexamine the witness presents a challenge to every. Crossexamination of arresting officer principles, custody, motor vehicle stops and searches, drug cases, search warrants, and searches incident to arrests by kevin j.
Foundations of effective crossexamination the litigator. Rules for successful crossexamination hone your technique here are some tips for making your cross more effective. Preparing, organizing, and executing your crossexamination. Pattern crossexaminations answers all these questions and more. Science and techniques, second edition, larry pozner and roger dodd continue their outstanding tradition of helping attorneys conduct commanding crossexaminations. Keep it simple learn to talk like a regular person wherever you are. Crossexamining complainants in sexual assault proceedings public defenders criminal law conference 2009 paper by belinda rigg, public defender 1. Identify the important points to make with the witness in light of the defense theory. Crossexamination is a vital part of defending those accused of sexual crimes. Crossexamination is a dangerous foray behind enemy lines.
The ultimate challenge for a trial lawyer is to extract information from the opponents witnesses to support their clients case andor undermine the credibility of the opponents position. If crossexamination is not usually a battle of wits between a. Effective crossexamination is a critical part of any criminal trial. This is generally good advice, but sometimes such questions can be. Essentially, it consists of breaking down your crossexamination into distinct chapters consisting of the points and subpoints that you want to make for your crossexamination. The prosecutors cross examination can be an effective. Depending on the witnesss testimony and capacity and presuming nothing about this was said on direct, it may be helpful to ask a witness as one of the first questions on crossexamination if he or she used anything to refresh recollection before testifying. Crossexamination is sometimes exciting, fast, and fun to do. It is where your thorough grounding in the facts of the case is most valuable.
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. Preparing for cross examination is like preparing for a marathon. The chapter method of organizing crossexamination is a widely used and commonly accepted method of organizing crossexamination. Crossexamination is, like all other parts of the trial opening, direct examinations and closing, a means by which you argue your case. However, cross examination does provide counsel with an. In applying crossexamination tips to the real world, remember that the main goals of crossexamination, from a jury psychology standpoint, are to focus on what is meaningful, memorable, and has been missed or is missing in the case at hand.
Principles, custody, motor vehicle stops and searches. Tips for effective crossexamination gentry locke attorneys. Strategies for effective crossexamination bogoroch and. The objects of crossexamination are to elicit favourable admissions or concessions from the witness. Crossexamination is not a time for the lawyer to grandstand or win a battle of wits with the witness. To master that art, lawyers need to give crossexamination the same attention they do other phases of trial. Science and techniques argue that there are only three rules. His advice has, of course, stood the test of time and his words should be copied and put in every lawyers trial notebook.
Tips for cross examining a defendant or defensewitness byvictori. On direct examination, witnesses are controlled through preparation and rehearsal. Cross examination questioning techniques offered at labournet. Do you know how to handle an argumentative witness or a sarcastic witness. Pdf dirty tricks of crossexamination the influence of conjectural. Effective crossexamination can make the difference between winning and losing a trial. Mahoney excerpted from relentless criminal crossexamination i.