1. Introduction to Cross Examination, Impeachment, and Hearsay
April 24, 2013

2. Class Objectives Prepare and conduct an effective cross examination.
Expose a witness’ bias or prejudice.
Learn hearsay and its exceptions

3. Goals of Cross Examination
Secure admissions from opponent’s witness that tend to prove your case.
Highlight weaknesses in opponent’s case.
Show bias or prejudice in opponent’s witness .
Identify what your goals are for each witness!

4. Preparing for an Effective Cross
Identify weaknesses in the witness’ story .
Inconsistent statements
Holes in their story
Reasons why their observations or statements may be unreliable
Recognize circumstances that may show the witness has prejudice or bias .

5. Conducting an Effective Cross
Use narrow leading questions that suggest an answer to the witness.
Ask questions that require “yes” or “no” answers
Never ask “why?”
You should know the answer to every question.

6. Conducting an Effective Cross
Force the witness to commit to your question; do not let them be ambiguous.
Start with information that benefits your client and end with the most damaging issues.
Be fair and courteous.

7. Witness’ Bias Illuminate the witness’ relationship with the defendant.
The goal is to expose a family, personal, or employment relationship that renders the witness incapable of being impartial and objective.
Illuminate the witness’ relationship with the defendant.
Illuminate that the witness may have a stake in the outcome.

8. Hearsay
With certain exceptions, statements made outside of the courtroom are not allowed if they are offered in court to prove the matter asserted.
… In other words, object whenever one witness attempts to quote another person!
Witness: “Ms. Gerson told me Pat bought a gun.” Lawyer: “What did he tell you?”

9. Selected Exceptions to Hearsay
Admission of Party Opponent
A witness may repeat a statement made by either party in the case if the statement contains evidence that goes against his or her side.
State of Mind
If a person's state of mind at the time of a certain event is important, any statement made about that event at the time the event occurred concerning the speaker’s intent, knowledge or belief is admissible.

10. Selected Exceptions to Hearsay
Excited Utterance
A witness is allowed to quote another person who was very excited, scared, or agitated at the time.
E.g., a police officer arrives on the scene of a bank robbery. A hysterical teller blurts out that “Mike” a former employee demanded money at gunpoint. The police officer would be able to quote the teller as to the identity of the robber.

11. Selected Exceptions to Hearsay
Statements Made for Purpose of Medical Diagnosis
A doctor or nurse is allowed to quote a patient as to statements made about their medical condition.
E.g., a doctor may testify that a patient complained that injuries were caused by a beating during a robbery.