effective cross examination techniques pdf

Keep it Short. 0000035897 00000 n Never is this more true than when technical or scientific evidence is a central issue for the jury. time-tested cross examination techniques: 1. 0000056055 00000 n H�\�Kk�@��+�2Y�р�&�j��5�8�f��8'��;�9נ�_j��|�Q6. x�b```a``wb`g`�� l@Q��%:��VE�18R:E4&v�3�9t�M��n֌K�>{��r�2��LdRjb��(V=�1w�V/�� Like a weapon, it must be treated with respect and understanding. - For basic cross-examination techniques, it is hard to beat Irving Younger's Ten Commandments of Cross- Examination.' 0000042329 00000 n In other cases, you inch cautiously towards your ultimate goal. 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. 0000006616 00000 n examination. It is all but impossible to control every witness you face. This makes the most use of the primacy and recency principles. II. 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 21 0 obj<> endobj Start Strong, End Strong. hޤVmo�H�+�1U��{W��HHzɵ 0000024233 00000 n 0000005948 00000 n 0000004691 00000 n 0000002259 00000 n 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. 0000038706 00000 n 0000002823 00000 n 0000055471 00000 n On cross-examination, however, it is usually impossible to rehearse, so you will have to rely on meticulous preparation. 0000004411 00000 n 0000004590 00000 n trailer 0000011061 00000 n 0000058592 00000 n Remember the Point of Cross-Examination. 0000042261 00000 n 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. In deposition, cross-examine the witness to summarize and lock in her testimony before trial.' 23 0 obj <> endobj 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 0000006640 00000 n Clive graduated BA and LL.B from the University of Cape Town. 0000006781 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. 0 It has always been deemed the surest test of truth and a better security than the oath.” %PDF-1.5 %�� 0000042995 00000 n The “4 Corners” approach to cross-examination will provide the practitioner with the necessary structure and tools to create effective and impactful cross-examinations. Cross-examination questions should be limited to those which reveal information necessary to support statements made in the closing argument. 70 0 obj <>stream 0000004269 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 … startxref 0000055447 00000 n Make a list of the positive statements that you expect the witness to admit during cross-examination. 0000047345 00000 n 0000035288 00000 n 0000009305 00000 n Cross-examination is an invaluable tool at trial. 0000011199 00000 n 0000014464 00000 n Introduction Cross-examination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. 0000038986 00000 n 0000043063 00000 n Professor Charles H. Rose III discusses how to structure crossexaminations to create persuasive impact. 0000002756 00000 n 0000058864 00000 n With this being said, prosecutors often feel uncomfortable during cross-examination of defense witnesses. 0000047321 00000 n He was called to the Rhodesian Bar (later the Zimbabwe Bar) in 1967 and practiced there until 1983. Many fundamentals of cross-examination are anything but secret. 0000007692 00000 n Small )July 13, 2017 The classic image of cross-examination is of a slash-and-burn attack on a witness’s credibility. 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. Think about how you can force an admission if necessary. 0000003740 00000 n 0000058888 00000 n Cast doubt on unfavourable evidence given by the witness. Women practi- tioners, who often must be twice as smart to be perceived as even equally competent, should con- Effective cross-examination, like effective direct examination, is 10% inspiration and 90% perspiration. 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. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. PREPARATION Cross-Examination Techniques 1. %PDF-1.6 %�� 0000011037 00000 n 0000003985 00000 n 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. Step 5. 0000002888 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. 1974). 0000055051 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. In fact, some lawyers seem to have no other style or approach. 0000058387 00000 n 0000000016 00000 n On direct examination, witnesses are controlled through preparation and rehearsal. \P{9YiF��n�]��(ne�0 Q�� 0000012468 00000 n Cross-examination is not a time for the lawyer to grandstand or win a battle of wits with the witness. 0000002197 00000 n �E:�b�`��4��p� ��<3��$��$�#�H�cS�^��$T)�� Rΐ��^˔��TAf�0aEGft 0000035356 00000 n Know When to Stop. A. endstream endobj startxref xref 0000008532 00000 n )�X�EC�,�T��I�s�\��g�ps�Ǆ>%�k�f�r\�& �wϻ�h� %�w�n'�嬆8.��ɿY��dhX�ȧ�j0l�I��$��1i��!8�q�B��Ud�� d��vdԾu��-d"1D߾�}6�rW$�~g�ٿ"�P��. 0000046943 00000 n 0000042644 00000 n 0000015056 00000 n However, cross-examination can be a powerful tool, not only a means to demonstrate a debater’s ability to think critically and on the spot, but also an aid for a team’s refu-tation and argumentation techniques. 0 h�bbd``b`�$�� R;�.�� b'Hl�u �R�- �6@�+ H� �� %� � d�4�eRg$D|A�� @�#H�i��Az_1012,)f`�&�� #�u Effective cross examination is a learned skill, and as in any game, only practice makes perfect. 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 0000042366 00000 n 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 Effective cross-examination is a critical part of any criminal trial.

Why Did I Ask, My Husband Chooses His Mother Over Me, Black And Decker Coffee Maker Australia, Banana Seeds Online, Roon Nucleus Alternative, Economics Supply And Demand Worksheets Pdf, Dolphin Dance Tiktok, Robert Stanton Australia,