The first cross examination question the jury just listened to hours of monotonous, form read direct examination. 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. A key to this phenomenon is in learning to recognize and deal with facts beyond change fbc. Importance of cross examination in employment law cases ii.
Five easy pieces new theories, new rules, new techniques. Eliciting positive facts known to the witness that help your case or damage your opponents case. The second edition offers deeper analysis of cross examination methods, with more integration and interrelationship of techniques and principles. Page preparation for crossexamination crossexamination sequences loops, double loops, spontaneous loops controlling the runaway witness 4. Crossexamination 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. During a trial, your cross examination of the opposing counsels witness is an opportunity to make him or her appear unreliable. Volume 1 european and national legislation in the member states of the european economic area, may 8, 2008, law, 503 pages. But there are many different ways to conduct a crossexamination and. The basics of cross examination trial practice tips.
Trial advocacy, crossexamination of a medical expert. View a sample of the third edition using the readnow feature in cross examination. Roger dodd is an experienced trial attorney, teacher, author, consultant, and expert on cross examination techniques. Court examples of examinationinchief, cross examination. This book did for my deposition and cross examination skills what the georgetown ediscovery academy did for my ediscovery skills. The cross examination method of trial preparation what does cross examination centered preparation do for you.
Scattering notes across dozens of notepads and loose pages risks missing key evidence that should be addressed. Crossexamination of experts presented by barry schu ltz, the. Cross examination is one of the toughest skills for a trial lawyer to become good at. Cross examination questioning techniques offered at labournet. Techniques for cross examining an expert witness by ben rubinowitz and evan torgan there is little question that the cross examination of an expert can be both challenging and intimidating. The chapter method of crossexamination page preparation for crossexamination sequences of crossexamination loops, double loops, spontaneous loops controlling the runaway witness the chapter method of crossexamination is adapted from lexisnexis bestselling legal treatise of all time, crossexamination. On crossexamination, in contrast, the jurys focus should be on you, with the witness merely supplying a one or two word response. Preparing, organizing, and executing your cross examination. Much of what i needed to know about crossexamination came from a onehour training session at the public defenders office in philadelphia early on in my career. We hope to provide you with some practical strategies that you may want to employ. After the deposition, edit the plan to streamline it for the date of the actual cross examination. However, cross examination can be a powerful tool, not only a means to demonstrate a debaters ability to think critically and on the spot, but also an aid for a teams refutation and argumentation techniques. Dirty tricks of cross examination the influence of conjectural evidence on the jury article pdf available in law and human behavior 144. The objects of crossexamination of a nonexpert fact witness include the following.
You must know and understand the substantive issues, i. Approach point cross examination is a discipline developed by the national college of district attorneys and the national institute of trial advocacy that emphasizes breaking cross examination up into discreet approach pointsor topicsdesigned to support ones theory of the case. Oct 08, 2014 he or she is furnishing information you want the jurors to hear. When audiences listen to a particular lawyer on crossexam, much of what they. If professor youngers commandments could be summed up in a single phrase, i submit that phrase would be. Ten tips for direct examination and crossexamination.
Cross examination is really a search for the truth. Crossexamination is not a time for the lawyer to grandstand or win a battle of wits with the witness. Pozner and dodds signature techniques and methodologies, which have brought them acclaim as the nations leading experts on crossexamination, are. The prosecutors crossexamination can be an effective. So youve got to draft a cross examination for trial. Many would argue that the practical purpose of crossexamination is simply to undermine.
Tips for effective crossexamination gentry locke attorneys. For more trial advocacy tips and techniques, visit. One of the best ways to acquire the art of cross examination is to study the methods of the great cross examiners who serve as models for the legal profession. Persuasion strategies and techniques is an outstanding treatise that successfully conveys the preparation of a cross examination in both a civil and criminal context. Based on pozner and dodds teachings, crossexamination can be defined by three tasks.
The basics of cross examination cross examination is one of the toughest skills for a trial lawyer to become good at. While becoming great at cross examination is a life long journey, becoming a competent cross examiner is not very hard to do. Lawyers have the ability to ask witnesses questions in the courtroom, which is cross examination. Cross examination for investigative reporters 1 journalists can learn a lot from lawyers about the art of strategic questioning. 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. The ideas in this outline are meant as a guideline, to provide food for thought and not. What works for one expert, or alj, may not work for another. Continue reading the art of cross examination by nigel pascoe qc.
The purpose of this article is to suggest that the conventional wisdom be reconsidered. Witness crossexaminations in nonstranger assault crimes. Science and techniques, second edition, larry pozner and roger dodd continue their outstanding tradition of helping attorneys conduct commanding crossexaminations. This course is engaging and practical and will equip investigative journalists with a range of clever techniques to get at the truth. The art of cross examination 3 want to win your next jury trial. Eddie craig will soon be launching a brand new site geared toward publicizing and organizing the efforts of the patriot community groups and organizations.
This lesson defines cross examination, discusses cross examining techniques and provides examples. One of the hallmarks of great cross examination is the systematic application of techniques. The only three rules of crossexamination by jamison koehler on january 26, 2014. To avoid such confusion, do not combine a positive and. The transcript of his address has resided in the top drawer of many barristers, to be thumbed through regularly, a constant reminder of how this master of cross examination explained his art. Finer has been the vicepresident of washington association of criminal defense lawyers and is the presidentelect of the federal defenders of eastern washington and idaho. Five easy pieces new theories, new rules, new techniques to. There is an element of risktaking in every cross examination. Rule 611b allows cross examination on any matter relevant to any issue in the case, including credibility. The wisconsin defender cross examining police in false. An interactive course to provide confidence in conducting cross examination of witnesses in a criminal trial.
The prosecutors crossexamination can be an effective tool to repair any damage that occurred in defense cross or direct testimony by bolstering the jurys faith in the fairness of the prosecutor and officer and their search for truth. Foundations of effective crossexamination the litigator. Stephen owenconway qc how to crossexamine a witness. Crossexamination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. The cross examination is the art of destruction, direct is the art of construction. Science and techniques, second edition, larry pozner and roger dodd continue their outstanding tradition of helping attorneys conduct commanding cross examinations. It is the very heart of advocacy and there are a few golden rules. Some lawyers feel like they must cross examine every witness, even when the. Delegates are presented with techniques and methods of preparation for questioning witnesses with guidance given on how to avoid pitfalls in court. That protocol is made up of interviews, tests, etc. First, do no harm to your clients case on cross examination. Sound application of techniques can reduce the risks of cross examination, but never extinguish the risks. 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 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. Regardless of what the witness testifies to, do not argue with the witness. When an objection is made that a question exceeds the permissible scope of cross 1 see e. The purpose of crossexamination is firstly to establish and advance you own and case and secondly to attack the other sides case. Missing from the discussion have been systematic comparisons of the cross examination techniques in rape cases and similar cases that do not involve sexual assault, and any systematic approach to measuring the likely impact of a particular cross examination technique. This is the process of questioning your opponents witnesses. Small july, 2017 the classic image of crossexamination is of a slashandburn attack on a witnesss credibility. Delegates will learn about specific techniques in cross examining different kinds of witnesses and be exposed to examples of 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. The strategy of sequences it is not enough to do the prepared chapters. Small july, 2017 the classic image of cross examination is of a slashandburn attack on a. This book is not only beneficial to law students, but also to practitioners with years of experience. Cross examination is the litigators greatest weapon, but properly playing the game requires knowledge of the rules and maximum preparation. The game in crossexamination is to ask leading questions, that is, questions that suggest the answer the questioner expects. Tarver is an associate at jones day in the atlanta, georgia, office. The cross examination of an opponents expert witness is often an intimidating prospect, particularly in an era when civil trials are becoming less frequent and counsel have little opportunity to practice and develop cross examination skills and techniques. Have the entire cross examination plan ready to go by the date of the deposition, so you can see how the witness will respond. This article discusses the goals of cross examination and e. Crossexamination is, like all other parts of the trial opening, direct examinations and closing, a means by which you argue your case. If you follow these basic tips of cross examination you will be well on your way. Like a weapon, it must be treated with respect and understanding.
While a plaintiff can score points with an impressive, forthright expert, the cross examination of a defendants expert if it reveals that witness is dishonest or dishonorable can anger the jury and provide the most lasting memories of the trial. In fact, some lawyers seem to have no other style or approach. In order to derive the greatest benefit from the chapter method of cross examination, it is necessary to perform the chapters in a persuasive sequence. The goa l of the pa per is to provide a practical overview of impeachment in order to allow lawyers to better prepare for direct and cross examination. Pdf dirty tricks of crossexamination the influence of. It is difficult to combine the credible concessions of admissions with a destructive cross. 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. Sample cross examination new york criminal lawyer zachary. Preface to the second edition i presume it is the experience of every author, after his first book is published upon an important subject, to be almost.
Examination, crossexamination, and redirect examination. It requires not only extensive preparation but also a delicate balance between aggressively discrediting the witness on the one hand and respecting her as a person on the other. Mark ryan thiessen we, the jury, find the defendant not guilty. In discussing the methods to employ when crossexamining a witness, let us imagine. 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. Based on the sum total of the tests and interviews, you and the others decided that the child had been abused. Every legal drama on tv or the movies involves cross examination as the culmination of the show. Rose iii discusses how to structure cross examinations to create persuasive impact. For more trial advocacy tips that will help you persuade. A computerized system that enables you to crossreference facts. Cross examination is, like all other parts of the trial opening, direct examinations and closing, a means by which you argue your case. I will not pretend that crossexamination is either easy or easily practised. Indeed, there are times when an expert witness has far more courtroom experience than the lawyer attempting to cross examine him.
The second edition offers deeper analysis of crossexamination methods, with more integration and interrelationship of techniques and principles. International journal of business and social science vol. Science and techniques, third edition is an extensive revision and reorganization of pozner and dodds classic work, written to meet the needs of todays trial attorneys. The prosecutors cross examination can be an effective. Cross examination before focusing on impeachment techniques, a brief overview of cross examination in general is in order. Successful cross examinations capture the attention of the jury and judge and expose the. Tips from a 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 cross.
Crossexamination by larry pozner overdrive rakuten. If nothing else, remember that and youll have conducted a. Cross examination is sometimes exciting, fast, and fun to do. Sample cross examination cross examination at trial of alleged victims of sexual crimes is an extraordinarily sensitive task. Crossexamination practice script transportation cases.
Oct 17, 2011 mastering the art of cross examination. 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 objects of cross examination are to elicit favourable admissions or concessions from the witness. It is hoped that this blend of ingredients will fuel the reader through.
It can be your best friend or your worst enemy if handled incorrectly. Consider it a test run to determine whether your plan is going to work. There are no short cuts, you must know and understand the facts cold. Cross examination advances the defense theory when it elicits facts that provide. Strategies for effective cross examination osgoode hall professional development. How to cross examine a witness in an australian court by stephen owenconway qc the object of cross examination 1. It is undoubtedly the most technically difficult skill an advocate has to master. Examination or sterns three techniques of cross examination. Cross examination is not a time for the lawyer to grandstand or win a battle of wits with the witness. Witness credibility how to prepare, achieve, and destroy it. Science and techniques, third edition, larry pozner and roger dodd continue their outstanding tradition of helping attorneys conduct commanding cross examinations. When you ask a question, and the answer is contradictory, absurd, patently false, irrational.
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