Difference between revisions of "Cross-Examination"
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[[Direct Examination | Direct examination]] and cross-examination have very different purposes and techniques. Direct examination is the opportunity for the witness to tell their story. The attorney should simply be helping the witness to tell the story by asking the witness open-ended questions. | [[Direct Examination | Direct examination]] and cross-examination have very different purposes and techniques. Direct examination is the opportunity for the witness to tell their story. The attorney should simply be helping the witness to tell the story by asking the witness open-ended questions. | ||
− | Cross-examination, on the other hand, is a | + | Cross-examination, on the other hand, is a targeted attack on the prosecutor's theory of the case. The focus should be on the attorney, leading the witness to answer the questions to support the defense's theory. During cross-examination the defense attorney seeks to persuade the jury that the witness' testimony is: |
+ | a) inconsistent with other testimony or evidence | ||
+ | b) biased against the defendant | ||
+ | c) the result of a witness' personal motive | ||
+ | d) demonstrates that the witness (if a co-defendant) had the opportunity to commit the crime | ||
+ | e) illustrates the witness'lack of knowledge of the facts and the evidence, or | ||
+ | f) shows the witness' inability to see, hear, perceive, and observe important parts of the incident | ||
− | Regardless of whether the criminal defender is preparing for direct or cross | + | Regardless of whether the criminal defender is preparing for direct or cross, he should prep the case by answering the following questions: |
− | #What is the overall theory | + | #What is the overall theory? |
− | #How does this witness fit into | + | #How does this witness fit into that theory? |
− | # | + | #Where does this witness' story fit in presenting the theory? Does this witness establish the theory or simply provide support? |
#How will the witness's testimony help you to develop your client's story? To counter the prosecutor's story? | #How will the witness's testimony help you to develop your client's story? To counter the prosecutor's story? | ||
#What evidence do you need to introduce or rely on during direct examination? During cross-examination? | #What evidence do you need to introduce or rely on during direct examination? During cross-examination? |