effective cross examination techniques pdf

Introduction Cross-examination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. Small )July 13, 2017 The classic image of cross-examination is of a slash-and-burn attack on a witness’s credibility. 0000003764 00000 n Creating effective cross examinations does not have to be hard. Course Outline: Ever wanted to dominate the courtroom with extensive cross-examination techniques? - For basic cross-examination techniques, it is hard to beat Irving Younger's Ten Commandments of Cross- Examination.' 0 0000036104 00000 n In direct examination, we lay out a detailed story to present our case. 0000006616 00000 n 0000056055 00000 n trailer Cross-examination is an invaluable tool at trial. An effective cross examination will start strong and end strong. Planning the examination . The ultimate challenge for a trial lawyer is to extract information from the opponent's witnesses to support their client's case and/or undermine the credibility of the opponent's position. x�b```a``wb`g`�� l@Q��%:��VE�18R:E4&v�3�9t�M��n֌K�>{��r�2��LdRjb��(V=�1w�V/�� 0000046741 00000 n 0000055987 00000 n endstream endobj startxref 1974). Consider it a test run to determine whether your plan is going to work. In other cases, you inch cautiously towards your ultimate goal. 0000006781 00000 n 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 points—or topics—designed to support one’s theory of the case; and 2. DNA I NITIATIVE iii Foreword The National Institute of Justice is pleased to release DNA for the Defense Bar. Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. cross-examination, with further explanation for practitioners who wish to explore the gender dynamics. Once the rules become a part of you, however, cross becomes instinctive, and you will win more cases out of the mouths of adverse witnesses than you ever dreamt possible. �E:�b�`��4��p� ��<3��$��$�#�H�cS�^��$T)�� Rΐ��^˔��TAf�0aEGft 0000012292 00000 n 0000013646 00000 n 0000002197 00000 n endstream endobj 24 0 obj <> endobj 25 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/XObject<>>>/Rotate 0/Type/Page>> endobj 26 0 obj <>stream 0000039194 00000 n 0000009305 00000 n %PDF-1.5 %�� hޤVmo�H�+�1U��{W��HHzɵ After the deposition, edit the plan to streamline it for the date of the actual cross examination. \P{9YiF��n�]��(ne�0 Q�� 0000004269 00000 n To elicit evidence from the witness which is favourable to or supports your case – evidence which supports your version of the facts in issue. ill-prepared cross-examination is risky. 0000047906 00000 n But there are many different ways to conduct a cross-examination — and Cross-Examination Techniques 1. Cross-examination questions should be limited to those which reveal information necessary to support statements made in the closing argument. 52 0 obj <>/Filter/FlateDecode/ID[<90F390CDDADB6FCE5188687B05525791><38EA9A34E5758C4CAAF033AF8C1AE94A>]/Index[23 48]/Info 22 0 R/Length 125/Prev 71786/Root 24 0 R/Size 71/Type/XRef/W[1 2 1]>>stream 0000058888 00000 n This is not due to lack of ability. 0000024233 00000 n effective techniques every attorney should develop and use when cross examining an expert include: controlling the witness, using the “voice of reason,” and asking low risk open-ended questions. 0000054845 00000 n Pozner and Dodd's signature techniques and methodologies, which have brought them acclaim as the nation's leading experts on cross-examination, are illustrated with numerous new examples added … 0000035653 00000 n The all-encompassing importance of Preparation !! 0000058387 00000 n There I have in mind the cross-examination ofexpert witnesses, where putting a bald proposition too early can have devastating consequences. h�bbd``b`�$�� R;�.�� b'Hl�u �R�- �6@�+ H� �� %� � d�4�eRg$D|A�� @�#H�i��Az_1012,)f`�&�� #�u To plan the examination, do the following: 1. • To discredit. 0000002756 00000 n CROSS-EXAMINATION PURPOSES Cross-examination is the process of questioning an adverse party or witness. Never is this more true than when technical or scientific evidence is a central issue for the jury. time-tested cross examination techniques: 1. 0000042329 00000 n Start Strong, End Strong. of cross-examination — conclude the witness Cross-examination serves to discredit direct testimony, to discredit the witness, and to reflect on the credibility of other witnesses. CROSS EXAMINATION - A GUIDE OBJECT: • Favourable Evidence. In deposition, cross-examine the witness to summarize and lock in her testimony before trial.' 0000038706 00000 n 0000023521 00000 n %%EOF STRATEGIES FOR EFFECTIVE CROSS-EXAMINATION Osgoode Hall Professional Development: 2nd Annual Evidence Law For the Civil Litigator September 23, 2005 Richard M. Bogoroch BOGOROCH & ASSOCIATES Sun Life Financial Tower 150 King Street West Suite 1707 Toronto, Ontario M5H 1J9. 0000012611 00000 n In fact, some lawyers seem to have no other style or approach. This article discusses the goals of cross-examination and eﬀective cross-examina-tion techniques. 0000002259 00000 n 21 75 On direct examination, witnesses are controlled through preparation and rehearsal. 0000042995 00000 n It has always been deemed the surest test of truth and a better security than the oath.” Like a weapon, it must be treated with respect and understanding. 23 0 obj<>stream 1st Floor, Temple, EC4Y 9AR 020 7936 3030 21 0 obj<> endobj )�X�EC�,�T��I�s�\��g�ps�Ǆ>%�k�f�r\�& �wϻ�h� %�w�n'�嬆8.��ɿY��dhX�ȧ�j0l�I��$��1i��!8�q�B��Ud�� d��vdԾu��-d"1D߾�}6�rW$�~g�ٿ"�P��. Have the entire cross examination plan ready to go by the date of the deposition, so you can see how the witness will respond. 0000046943 00000 n Make a list of the statements of fact or opinion that you intend to challenge on cross-examination. 0000002888 00000 n %PDF-1.6 %�� The cross-examining advocate must account for a myriad of factors th. 0000058592 00000 n 0000038986 00000 n 0000024029 00000 n 0000003740 00000 n 0 ��\9�K��l�$��6h��EI�L:��c�@- M��\��LC��B�=�J�3��{�E$��S�6p9h��F``�� P�x�s��E.`��:��л�x��3��k�c:��nFA���M?�0�0/�f��p��ύ鄘�U��tK�ps�0]�o``�b��X� B�j� 0000014464 00000 n Perfecting cross-examination is an elusive goal. Keep it Short. h�b```c``�g`e`PZ� �� @Q�{�Ĭ�n\g��`��h ;#�+ - �2`~f A� jB,ptj*c�a?��Шz��?�Y�M�{�� S�R��7J:, 0000055471 00000 n 0000006640 00000 n 0000047345 00000 n 0000014854 00000 n Excellence in Cross-Examination provides a novel approach to teaching the necessary tools of effective cross-examination. TELL, DON’T ASK The most fundamental technique an attorney must develop to effectively cross examine endstream endobj 22 0 obj<> endobj 24 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>>>> endobj 25 0 obj<> endobj 26 0 obj<> endobj 27 0 obj<> endobj 28 0 obj<>stream A. 0000015056 00000 n Step 5. An effective cross examination must draw blood from the start. 0000002823 00000 n You’ll be aided in this process by having your cross-examination techniques analyzed and employing a consistent terminology to the concepts and techniques which are recurring. 0000004129 00000 n Written by two masters of the courtroom, F. Lee Bailey and his former law partner, Massachusetts Superior Court Justice Kenneth J. Fishman, Excellence in Cross-Examination is an invaluable book for law students and seasoned trial lawyers alike. The “4 Corners” approach to cross-examination will provide the practitioner with the necessary structure and tools to create effective and impactful cross-examinations. While no substitute exists for experience I have tried to outline some practical guidelines to assist those who are developing their own style and techniques. 0000004590 00000 n James J. Mangraviti, Jr., Esq., has trained thousands of expert witnesses through seminars, conferences, corporate training, training for professional societies, and training for governmental agencies including the FBI, IRS, Secret Service, and Department of Defense. H�\�Kk�@��+�2Y�р�&�j��5�8�f��8'��;�9נ�_j��|�Q6. 0000005948 00000 n He was called to the Rhodesian Bar (later the Zimbabwe Bar) in 1967 and practiced there until 1983. Cross examination has been described as “greatest legal engine ever invented for the discovery of truth.” 5 J. Wigmore, Evidence § 1367, p. 32 (J. Chadbourn rev. 0000010488 00000 n 0000055447 00000 n 0000035356 00000 n Cast doubt on unfavourable evidence given by the witness. Generally, the longer cross-examination goes on, the less effective it is. 0000055051 00000 n Effective Cross-Examination Techniques by Mr. Clive Grossman, Q.C., S.C., Barrister-at-Law, Parkside Chambers . Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct. xref 70 0 obj <>stream Such a cross-examination may not appear to be a dramatic exercise at all, but will be no less effective. The purpose of the game is to expose the truth of the case.1 However, the problem facing the lawyer is that the opponent’s witness does not want to cooperate.2 Cross examination is the means PREPARATION 0000042261 00000 n 0000003985 00000 n 0000042644 00000 n II. This dynamic course is designed to equip the participants with practical tips and effective methods on cross-examination, do not miss this rare opportunity to benefit from the experience and knowledge of Mr. Clive Grossman, Q.C., S.C. and his team of trial advocates from … 0000023453 00000 n 23 0 obj <> endobj 0000012468 00000 n examination. Cross examination, above all other parts of the trial lawyer’s duties, has the greatest scope and power to shift the dynamics of a trial or change the outcome of a case. <<2f398a1b454a13458cc59c34b9f7e5b6>]>> 0000011061 00000 n This is the fourth publication in a Effective cross-examination is a critical part of any criminal trial. 0000047838 00000 n Think about how you can force an admission if necessary. 0000042958 00000 n 0000047321 00000 n 0000003841 00000 n startxref examination and explaining away the weaknesses in it that you wanted to emphasize. It can be your best friend or your worst enemy if handled incorrectly. Cross-examination is a dangerous foray behind enemy lines. development; (3) Effective opening statements; (4) Effective handling of exhibits and real evidence; (5) effective direct questioning; (6) effective cross examination; (7) Effective closing argument; (8) Vocabulary development; and (9) offering and opposing evidence. is credible, with the groundwork having been laid on direct exam. 0000003333 00000 n Cross-examination is not a time for the lawyer to grandstand or win a battle of wits with the witness. Make a list of the positive statements that you expect the witness to admit during cross-examination. 2. The basic approaches to cross-examination *By: F. Dennis Saylor IV and Daniel I. 0000038774 00000 n 0000035288 00000 n Know When to Stop. Professor Charles H. Rose III discusses how to structure crossexaminations to create persuasive impact. Remember the Point of Cross-Examination. On cross-examination, however, it is usually impossible to rehearse, so you will have to rely on meticulous preparation. 0000001796 00000 n It is all but impossible to control every witness you face. 0000042913 00000 n With this being said, prosecutors often feel uncomfortable during cross-examination of defense witnesses. 0000011199 00000 n At least 70% of the effectiveness of cross-examination is determined before the cross-examination begins. %%EOF Cross-examination usually consists of narrow, leading questions calling for “yes” Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Many fundamentals of cross-examination are anything but secret. 0000035897 00000 n Find the most powerful point that the witness will advance for your case and start there, right from the first question. 0000004411 00000 n 0000043063 00000 n 0000000016 00000 n Get admissions where you can. Fundamentals of Cross Examination On Demand. Effective cross-examination, like effective direct examination, is 10% inspiration and 90% perspiration. 0000058864 00000 n Clive graduated BA and LL.B from the University of Cape Town. 0000003357 00000 n 0000007692 00000 n Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd's classic work, written to meet the needs of today's trial attorneys. He joined the then Hong Kong Legal Department in 0000004691 00000 n Although I think e-discovery is a more powerful engine for discovering the truth, effectively utilizing cross examination questions comes in at a close second and is indispensable when e-discovery isn’t available. Women practi- tioners, who often must be twice as smart to be perceived as even equally competent, should con- 0000042366 00000 n 0000002955 00000 n However, cross-examination can be a powerful tool, not only a means to demonstrate a debater’s ability to think critically and on the spot, but also an aid for a team’s refu-tation and argumentation techniques. 0000011037 00000 n Effective cross examination is a learned skill, and as in any game, only practice makes perfect. 0000008532 00000 n However, as noted above, cross examination is not as important as direct and the advocate who expects to score big points during cross examination instead of direct will be lucky to survive directed verdict. Cross-examination is, like all other parts of the trial (opening, direct examinations and closing), a means by which you argue your case. This makes the most use of the primacy and recency principles. Effective direct … 0000042448 00000 n