Direct and Cross Examination

Direct Examination “A Few Good Men” clip

Two types of questions Open Ended – Where were you when the shots were fired? Leading – You were at the mall when the shots were fired.

Goals of Direct Examination Go over: Who? What? Where? When? Why? How? ***NEVER use YES or NO answers

Purpose of Directs The witness is the star and you want them to tell their story to the jury. You are not telling the witness what to say but you questions should guide the jury to your THEME

Hints for Direct Use “sign posts” “I’d like to talk to you about when you went to the beach.” “I’d now like to address the car.” This style helps the jury and the witness stay on track of your theme Stand off to the side so that the witness has the stage Ask me Direct questions regarding a stolen car. Theme is that I had to steal it to save my pregnant wife.

Example of Direct A FEW GOOD MEN

Cross Examination PURPOSE: Control witness Counter Direct arguments Focus on weaknesses or inconsistencies in the story

Cross Examination In Cross Examination you use LEADING questions.

Leading Questions Focus on one question one fact Yes or No answers Keep it simple Examples: Bad = “what color was the car?” Good = “The car was yellow, correct?”

Hints for Cross Examination Stand in front of the witness Don’t ask questions you DON’T know the answer to Don’t ask open ended questions Don’t let the witness wiggle out You are in control. They say what you want them to. Think of possible objections from the opposition

Example of Cross Examination A FEW GOOD MEN

Cross Examination Exercise #1 think about talking to a friend that you had not seen all summer (Direct Exam) #2 think about what questions your parents would ask if you were caught sneaking in at 3am (Cross Exam) Ask me questions about what I am wearing. ALL OBJECT IF WRONG Direct exam style Cross exam style