Difference between revisions of "Cross-Examination"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 5: Line 5:
 
[[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 selective, targeted attack on the prosecutor's theory of the case.  It is not simply rehashing the testimony that was developed during the direct examination of the witness.  During cross-examination the defense attorney seeks to develop points that will show that the witness's testimony is inconsistent with other testimony or evidence; that the witness is biased against the defendant; that the witness has a motive to testify against the defendant; that the witness (if he is a co-defendant) had the opportunity to commit the crime; that the witness lacks knowledge of the facts and the evidence in the case; and that the witness was unable to see, hear, perceive, and observe the major events in the case.  
+
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-examination, she should prepare her inquiry by answering the following questions:
+
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 of the case?   
+
#What is the overall theory?   
#How does this witness fit into the overall theory of the case?
+
#How does this witness fit into that theory?
#How can you fit this witness's story into the story that has already been told and the story that will be told after this witness testifies?
+
#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?

Revision as of 10:30, 17 June 2010