Difference between revisions of "Cross-Examination"

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== Closed-Ended Questions ==
 
== Closed-Ended Questions ==
  
The goal of cross-examination is to target the prosecutor's case and to advance the defendant's theory of the case without giving the witness an opportunity to explain their answers.  You want the witness to agree with your version of events, not to develop their own.Criminal defense attorneys should NEVER ask who, what, where, when, why, how, describe, and explain during cross-examination.  These are words requiring explanation that you do not want to elicit during cross-examination.   
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The goal of cross-examination is to target the prosecutor's case and to advance the defendant's theory of the case without giving the witness the opportunity to explain away their answers.  You want the witness to simply affirm or deny the question you are asking. Criminal defense attorneys should NEVER ask who, what, where, when, why, how, describe, and explain during cross-examination.  These are words requiring explanation that you do not want to elicit during cross-examination.   
  
Closed-ended questions require the witness to answer yes, no or as briefly as possible; therefore, the criminal defender should always ask these types of questions on cross-examination. Open-ended questions are typically used during direct examination, because these allow the witness to tell their story without interruption.
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Closed-ended questions are designed to force the witness to answer yes or no.  A cross-examination should consist SOLELY of closed-ended questions, unless the attorney is absolutely sure of the witness' answer to an open-ended question.
Following are examples of closed-ended questions:
 
  
* Was the bar crowded the night that the fight occurred?
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A closed-ended question is rally more of a statement, simply requiring the witness to confirm or deny. 
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Following are some examples:
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* The bar was crowded on the night of the fight?
  
* Were you still there when the fight ended?
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* And, you were still there when the fight ended?
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If a witness prevaricates or does not answer the question, you should ask a follow-up question to confirm.  If it is an important point, you want to make sure the fact finder is hearing the answer, not the explanation.  But be careful, repeating the question over and over is not effective; it is the fact finder's responsibility to draw their own conclusion about why the witness is not answering.
  
 
== Pitfalls of Cross-Examination ==
 
== Pitfalls of Cross-Examination ==

Revision as of 16:18, 17 June 2010