Difference between revisions of "Cross-Examination"

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As a general rule, a defense attorney should never ask a question when he or she doesn't already know the answer. However, under certain circumstances, a defense attorney may ask a closed-ended question, even if he does not know the answer. Such questions are sometimes called "No Lose Questions" because the answer will not break the case. For example, when cross-examining a police officer about the report he made at the scene, you might ask, "You wanted to get the most accurate information possible?"
 
As a general rule, a defense attorney should never ask a question when he or she doesn't already know the answer. However, under certain circumstances, a defense attorney may ask a closed-ended question, even if he does not know the answer. Such questions are sometimes called "No Lose Questions" because the answer will not break the case. For example, when cross-examining a police officer about the report he made at the scene, you might ask, "You wanted to get the most accurate information possible?"
  
== Transitions and Looping Techniques ==
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== Structuring/ Formatting a Cross-Examination ==
  
It is often difficult to ask a closed-ended question that smoothly transitions a witness from one subject area to another. In such cases, it may be helpful to change the subject by using a transition or headline question. Although these are not questions, transition statements are generally permissible because they notify the witness and the fact finder that the subject area has been changed.
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Transitioning from one topic to another is particularly difficult on cross, because the defense is helping the witness to tell a story.  One way to change the topic, it to use a transition or headline statement. Although these are not questions, transition statements are generally permissible because they notify the witness and the fact finder that the subject has shifted.
  
For instance during cross examination, the defense attorney might say, "Now I'd like to talk about the night of October 2, 2009" or "Let's talk about the lighting conditions at the market on the evening of July 29, 2009"
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For instance during cross, the defense attorney might say, "Now I'd like to talk about the night of October 2, 2009" or "Let's talk about the lighting conditions at the market on the evening of July 29, 2009."
  
There are many ways of structuring a cross-examination that has multiple parts. The defense attorney should always keep in mind that the fact finder is most likely to remember the first and the last facts established at cross examination. Therefore, the defense attorney should develop a strategy that emphasizes strong points at the beginning and end of the cross-examination.  Following is a sample outline for a multi-part cross-examination.
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There are many ways of structuring a cross-examination that has multiple parts. The defense attorney should always keep in mind that the fact finder is most likely to remember the first and the last facts established on cross. Therefore, the defense attorney should develop a strategy that emphasizes strong points at the beginning and end.  Following is a sample outline for a multi-part cross-examination:
  
 
#Introduction / set up /transition
 
#Introduction / set up /transition
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#Closing Subject
 
#Closing Subject
  
"Looping" is a term that describes a method of sequencing questions in order to put emphasis on certain facts you wish to highlight to the finder of fact. When a defense attorney loops questions, he uses the answer to the prior question in order to start additional questions. Looping has three stages:
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"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:
  
#Establish fact through closed-ended question.
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#Establish a fact.
#Reuse fact in second question, thus re-emphasizing fact.
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#Use fact to ask second question (emphasizing the fact).
 
#Continue to build in a continuous loop.
 
#Continue to build in a continuous loop.
  

Revision as of 16:29, 17 June 2010