Difference between revisions of "Cross-Examination"
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As a general rule, a defense attorney should never ask a question when he or she doesn't already know the answer. However, under certain circumstances, a defense attorney may ask a closed-ended question that the attorney does not know the answer to. Such questions are sometimes called "No Lose Questions" because it doesn't matter what the answer is. For example, when cross-examining a police officer about the report he made at the scene, you might ask, "You wanted to get the most accurate information you could?" | As a general rule, a defense attorney should never ask a question when he or she doesn't already know the answer. However, under certain circumstances, a defense attorney may ask a closed-ended question that the attorney does not know the answer to. Such questions are sometimes called "No Lose Questions" because it doesn't matter what the answer is. For example, when cross-examining a police officer about the report he made at the scene, you might ask, "You wanted to get the most accurate information you could?" | ||
| − | == Transitions | + | == Transitions and Looping Techniques == |
| − | It is often difficult to phrase a leading question that can result in smooth transitions between subject areas for questioning a witness. In such cases, it may be helpful to change the subject by using a transition or headline question. | + | It is often difficult to phrase a leading question that can result in smooth transitions between subject areas for questioning a witness. In such cases, it may be helpful to change the subject by using a transition or headline question. Although they are not questions, transitional statement are generally permissible because they notify the witness and the fact finder that the subject area has been changed. |
| − | For instance during cross examination, the defense attorney might say, "Now I'd like to talk about the night of | + | For instance during cross examination, the defense attorney might say, "Now I'd like to talk about the night of October 2, 2009" or "Let's talk about the lighting conditions at the market on the evening of July 29, 2009" |
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"Looping" is a term that describes a method of sequences questions in order to put emphasis on certain facts you wish to highlight to the finder of fact. When a defense attorney loops questions, he uses the answer to the prior question in order to start additional questions. Looping has three stages: | "Looping" is a term that describes a method of sequences questions in order to put emphasis on certain facts you wish to highlight to the finder of fact. When a defense attorney loops questions, he uses the answer to the prior question in order to start additional questions. Looping has three stages: | ||
