Difference between revisions of "Cross-Examination"

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<blockquote>"A paragraph of one to three sentences which summarizes the facts, emotions and legal basis for the citizen accused's acquittal or conviction on lesser charge while telling the defenses story of innocence or reduced culpability" - Vince Aprile</blockquote>
 
<blockquote>"A paragraph of one to three sentences which summarizes the facts, emotions and legal basis for the citizen accused's acquittal or conviction on lesser charge while telling the defenses story of innocence or reduced culpability" - Vince Aprile</blockquote>
 
Cross-examination should be client-centered and driven by the law and the facts. The strategy for the cross-examination must fit within the larger strategy developed for the case. Thus, the goals of cross-examination are often to emphasize facts that support your theory of the case and deemphasize or diminish facts that do not support your theory of the case. A theory of the case is a common-sense articulation of the case that combines both the law and the facts in such a way that is favorable to the client. Think of the theme as the headline to a newspaper article. You want it to be snappy and to the point.
 
Cross-examination should be client-centered and driven by the law and the facts. The strategy for the cross-examination must fit within the larger strategy developed for the case. Thus, the goals of cross-examination are often to emphasize facts that support your theory of the case and deemphasize or diminish facts that do not support your theory of the case. A theory of the case is a common-sense articulation of the case that combines both the law and the facts in such a way that is favorable to the client. Think of the theme as the headline to a newspaper article. You want it to be snappy and to the point.
 
== Substantive Impact ==
 
 
Here are some facts or subject areas that should be addressed during cross-examination:
 
* Is it important to the judge?
 
* Is it necessary to your theory of the case?
 
* To which witness do we address these facts?
 
* What are the facts beyond dispute?
 
* What is the context for the facts beyond dispute?
 
* What is believable?
 
* What is expected?
 
 
Thematically, the defense attorney can use the following thematic tools to focus the subject of the cross-examination:
 
* Physical Re-Enactment
 
* Psychological Re-Enactment
 
* Legal Re-Enactment
 
* Points of Choice
 
* Perfect Video Analysis (expected v. proven)
 
  
 
== Closed-Ended Questions ==
 
== Closed-Ended Questions ==

Revision as of 12:13, 15 June 2010