Difference between revisions of "Cross-Examination"
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'''Examples:''' | '''Examples:''' | ||
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''United States'' - In the United States the Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." | ''United States'' - In the United States the Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him." | ||
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== Elements of a Successful Cross-Examination == | == Elements of a Successful Cross-Examination == | ||
− | + | Cross-examinations are not supposed to be cross. Your job as the attorney is to persuade the fact finder that a particular aspect of the witness' testimony is wrong. Being rude or too adversarial is not the best way to persuade. Only become aggressive when necessary, for instance, if the witness' is non-responsive or has a clear motive. Remember you should constantly be thinking about the best way to persuade the fact finder to believe your theory of the case. | |
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+ | Every question should fulfill a substantive, technical or emotional role. | ||
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+ | ''Substantive:'' question resulting in testimony or facts related specifically to the crime charged | ||
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+ | ''Technical:'' questions must be technically legal under the jurisdiction's rules of evidence; question should be phrased carefully to elicit the desired response | ||
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+ | ''Emotional:'' questions should always have an emotional impact on the fact finder; the emotional impact may stem from the substantive nature of the question or how the question was presented by the attorney | ||
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+ | Remember to be aware of your demeanor and the atmosphere in the courtroom. Presenting a calm, assured presence is often more effective in persuasion than verbose theatricality, but measure the fact finders individually and determine which style works best. | ||
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== Cross-Examination and the [[Theory of the Case]] == | == Cross-Examination and the [[Theory of the Case]] == |