BUILDING BLOCK #2

CROSS EXAMINATION

At the end of the course, you should be able to perform the following with regards to the cross examination of witnesses:

1. ORGANIZE the cross examination in a persuasive and logical way, usually by:

· Arranging the cross examination around the points being made

· Gaining any admissions from the witness before attacking the witness’s credibility

· Not repeating the direct examination

2. Make the examination PERSUASIVE by:

· Making points that support your theory and theme

· Asking only questions to which you know the answer and not fishing

· Planning questions so that if fishing and the wrong answer is received,

the fact-finder will not notice

· Using leading questions and never asking an open-ended question

· Asking only factual questions and not asking for opinions and conclusions

· Asking for only one fact at a time

· Making only big points and avoiding trivial matters

· Using simple language and short questions

· Building bit-by-bit

· “Torturing” key facts

· Using headlines

· Keeping the cross examination brief

3. Use an interesting and dynamic STYLE by:

· Maintaining eye contact

· Using a dynamic voice and tone

· Using gestures as appropriate

· Not reading your questions, but working from an outline

· Remembering that cross examination does not mean being cross.