Difference between revisions of "Cross-Examination"

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#Transition
 
#Transition
 
#Closing Subject
 
#Closing Subject
 
  
 
"Looping" is a method of sequencing questions to highlight certain facts. A defense attorney "loops" questions when he uses the answer to the prior question to begin another question. Looping has three stages:
 
"Looping" is a method of sequencing questions to highlight certain facts. A defense attorney "loops" questions when he uses the answer to the prior question to begin another question. Looping has three stages:
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#Use fact to ask second question (emphasizing the fact).
 
#Use fact to ask second question (emphasizing the fact).
 
#Continue to build in a continuous loop.
 
#Continue to build in a continuous loop.
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One method of structuring cross examination is the '''Chapter Method'''.  The Chapter Method organizes cross examination into a cluster of favorable points (called chapters) that ultimately help you to tell the Judge or Jury your side of the story through the witness. 
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To follow this method:
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First, define your purpose of cross examination for the witness.  Is it to expose bias or motive?  To bring out inconsistencies of facts?  Or to simply show that the witness cannot be believed?  Your purpose may be different for each witness and should be determined based upon all of the facts and coincide with your theory of the case.
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Second, once you determine the primary goal in your cross examination of a specific witness, decide what points you would like to make that will help you reach your primary goal.  Each point will become a chapter and deserve at least one page.  A point may be the existence of a fact, the introduction of a new fact, or the weakening of an existing fact.
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Third, place the point that you wish to make on the top of the page.  Each point will be the title of each chapter.  For example, if you want to show a witness could not have been seen the suspect very well because it was dark outside, write on the top of the page, "Witness Couldn't See Suspect Because Dark Outside."
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Forth, draft a number of cross examination questions in a logical progression that lead up to, and give context to, the ultimate point you want to make.  Begin with the general and move to specific to lock the wtness in.  Use simple, one fact per sentence, leading questions.  For Example,
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*The robbery occurred at 10pm at night
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*At 10pm at night, it is dark outside
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*You were outside when the robbery occurred
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*When the robbery occurred, you were outside standing in the dark
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Fifth, and finally, make sure you include a form of reference to the points and cross examination questions you are making in case the witness tries to disagree with you.  The reference can be just a small notation or shorthand pointing to the specific resource that you obtained the information from: police report, witness interview, photo, etc...
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The goal in cross examination should not be to have the witness recite the facts in a chronological order.  This simply mimics the prosecution and solidifies their side of the story.  That is why the chapter method is so effective. It helps the judge or jury focus on your specific points that illustrate your theory of the case. 
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At the end of your cross examination you should have achieved your primary goal through your chapters and the specific points you made.  These chapters and their points can then be used in closing arguments to remind the judge or jury of what the evidence is and how it is consistent with your theory of the case.
  
 
== Witness Control ==
 
== Witness Control ==

Revision as of 11:55, 20 September 2010