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Published byAriel Robbins Modified over 9 years ago
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Cross Examination Key Components of a Cross
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Preparation! Organization Attack the witness Credibility Discredit the witness’ perception and memory Show bias, interest, or motive that might influence the witness’ testimony Prejudice Control the witness Be prepared for objections
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Guidelines Ask leading questions only You become the star - Position yourself in front of the jury Listen to the answer – ready to impeach Ask short and specific questions Only focus on a few basic points Always end on strong note Never end on an objection
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Advanced Strategies Attack most damaging points in three-question groups ending with a summary question Use background questions to establish a flow Attack the witness with kindness and control
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Some Sample Questions Is it true that you hit Jackson with the paper-weight? You left the concert with Alec, correct? It was 12:30 when you arrived, right? Mr. Stevens took you, correct? You took the television back after midnight, right? James took you to see the movie, correct?
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Statement of Jack Smith Lets examine a case – What weaknesses do we want to attack? How would you organize the cross?
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Steps to Write a Cross 1.What are you trying to prove? Key points? 2.Read the statement and highlight information that helps you prove #1 3.Write a list of questions that would attack the credibility of the witness’ perception.
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Steps to Write a Cross 4.Write a list of questions that would attack the witness’ memory. 5.Write a list of questions that will attack any inconsistencies in the witness’ statement.
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Steps to Write a Cross 6.Write a list of questions that will show any bias, interest, or motive that might influence the witness’ testimony. 7.Now organize the questions in the appropriate order that you would use to cross this witness – in script form.
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