Direct Examination Caroline Goldner Cinquanto Adjunct Professor Temple University, Beasley School of Law

Determine Key Elements of Witness’ Testimony Common mistake – wrong emphasis Jury Attention Span - 15 minutes Decide the critical part of the testimony, get to it quickly, develop it and then STOP.

Determine Order of Exam 1. Personal Background of Witness 2. Set Scene 3. Describe Action 4. Use Exhibits 5. End on High Note

1. Personal Background of Witness WHO IS THE WITNESS? WHY IS THE WITNESS HERE? Orients the Jury WHY SHOULD THIS WITNESS BE BELIEVED? Credibility

Why should this witness be believed? Remember: Credibility is always at issue – not irrelevant! Information elicited changes with the witness Result: Humanize & Personal witness

2. Set the Scene Set it quickly and efficiently Use Visual Aid Scene = place, object

3. Describe the Action Pace – Fast or Slow General vs. Detailed Tone – Soft or Loud Sensory Language Simple, yet vivid language Both you and the witness Examples

4. Use Exhibits Get the witness off the stand Admit correctly Use correctly

5. End on High Note Primacy/Recency Damages Never on an Objection Sustained

Volunteer Bad Information Questions to consider: How damaging is the information? Can it be brought up gracefully? Bury bad information.

Bruno Hauptmann Trial (1935) Cross-Examination: Q. You were adjudged insane some years ago, were you not? A. Yes.   Q. That is all.

Question Technique Nonleading Directive Looping Transitions Explain complicated terms* Avoid Legalize* Position*

Nonleading, yet directive Tell us about yourself? Tell me what happened that day? How feel during the robbery? Where do you live? At the corner of 5th St., what did you see? When the man put the gun in your side, how did that make you feel?

Looping questions A. The man said, 'Please don't hurt me, I won't say anything and Tex shot him four times."  B. "After Tex shot him four times what happened?" 

Transition Questions I want to turn your attention to . . . Now I want to ask you some questions about . . . Let’s focus for a minute on . . . .

The Rules of Evidence Nonleading questions – reporter type questions No more then one question at a time (Compound Question) No repeat questions (Asked and Answered) No asking a witness to guess (Calls for Speculation) No anticipating the witness’s testimony (Assuming Facts not in Evidence) No questions that call for a narrative

Redirect Examination Not a rehash of the direct Rebut Explain Development of information elicited on cross Reestablish mood of direct End on a high note Do not end on an objection

Verbal Ticks and, uh, um, okay etc.

Practical Tips Headings Page and Line #s Listen to answers Steal other’s work/save own Cannot be done in one draft