Difference between revisions of "Cross-Examination"
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== Cross-Examination and the [[Theory of the Case]] == | == Cross-Examination and the [[Theory of the Case]] == | ||
| − | What is the theory of the case? | + | What is the theory of the case? |
| − | + | Here is how three public defenders have defined theory of the case: | |
| − | |||
| − | "The central theory that organizes all facts, reasons, arguments and furnishes the basic position from which one determines every action in the trial" | + | <blockquote> "That combination of facts and law which in a common sense and emotional way leads the judge to conclude a fellow citizen is wrongfully accused" - Tony Natale, Federal Defender </blockquote> |
| − | - Mario Conte | + | <blockquote>"The central theory that organizes all facts, reasons, arguments and furnishes the basic position from which one determines every action in the trial" - Mario Conte</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> | |
| − | "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" | + | 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. |
| − | - Vince Aprile | ||
| − | |||
| − | 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 == | == Substantive Impact == | ||
