1. Cross Examinations

2. Good Cross Examinations…
Show the judge and jury that a given witness should not be believed because that witness…
Cannot remember facts
Did not give all of the facts in the direct
Told a different story at some other time
Has a reputation for lying
Has a special relationship with or bias towards one of the parties
Has a prior conviction
Did not have an adequate opportunity to observe
Physical impediments to sight, sound, senses (bad lighting, distance, speed, etc.)
Subjective impediments to sight, sound, senses (drugs, mental illness, fatigue)
Distractions that divert attention (conversations, noises)
Diminished memory by time and events

3. Tips for Cross Know what to expect
Be prepared to “impeach,” but don’t bluff.
“If in doubt, leave it out.”
Has this witness hurt your case?
Is this witness important?
Don’t give them a chance to fix a major problem/omission
Limit the scope of the cross examination to FOUR or FIVE main points for most witnesses
Be confident.
You are in charge, but don’t badger/bully the witness

4. Tips for cross Start and finish strong
Stop when you are ahead. Know when to quit!
ALWAYS BE LEADING!! NO OPEN-ENDED QUESTIONS!!
Don’t let witnesses explain
No “hows” or “whys”
Do not ask a question that you do not ALREADY know the answer to

5. Tips for cross Don’t repeat the direct
Avoid complicated, long-winded questions.
Build with short, concise questions
Don’t tip off your end point
Build with short, concise questions to lay the trap
Make them answer the question, and be obvious about it
Listen to the answer

6. ALWAYS BE LEADING!! “…didn’t you?” “…correct?” “Isn’t it true…”
The way the question is asked tends to suggest the answer.
“…didn’t you?”
“…correct?”
“Isn’t it true…”
Leading questions may be asked during the cross-examination, but NOT DURING DIRECT-EXAMINATIONS!
An example of a direct question is “Mr. Bryant, can you please tell us what happened to you on the night of July 23rd?” An example of a leading question is “Mr. Bryant, isn’t it true that you were drinking on the night of July 23rd?”