Cross examination of witness pdf files

If youve got something tangible the witness can use to demonstrate a principle, use it. The witness does not and probably cannot explain the statistical assumptions upon which his opinion is based. However, keep an eye open for potential areas of cross examination, as this will not only assist in preparing your questions and strategy for direct examination, but also to prepare your fact witnesses for cross. On crossexamination the law permits questions that suggest the answer and allows the attorney to put his words in the witnesses mouth. Cross examination of child witnesses joel erik thompson.

Mastering the art of crossexamination bakerhostetler. So most of the time, on crossexamination, you want to impeach. It is preceded by direct examination in ireland, the united kingdom, australia, canada, south africa, india and pakistan known as examinationinchief and may be followed by a redirect reexamination in ireland, england, scotland, australia, canada, south africa, india, hong kong, and pakistan. We talked in earlier columns about impeaching a witness on crossexamination after an inconsistent statement or problematic answer. Apr 04, 2011 killer cross examination cooperating witness cross examination by attorney neil rockind duration. In law, crossexamination is the interrogation of a witness called by ones opponent. Unlike the cross examination of a lay witness which can show that certain testimony is incredible on its face, the cross of an expert witness cannot easily demonstrate that same improbability for example, the cross of an eyewitness who maintains that he could see a persons eye color from. Crossexamination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness, which include matters within the knowledge of the witness that explain, qualify, discredit or destroy the witnesss direct testimony. Does this witness require any cross examination at all. Photos and videos are also great descriptive tools when used properly. Small february 8, 2018 witnesses give bad answers all the time.

Pdf right to crossexamination of witnesses in the case. I have had crossexaminations in which the very first thing i did was credit the prior statement and leave a copy in front of the witness. In the 1970s, when carolyn lamm, one of the contributors to this book, and i shared a cramped office in the justice department, we were given 60 files, and told to file lawsuits where appro priate, try the cases where necessary, and come back for more when we. Mastering the art of crossexamination l earning to be a lawyer was often by doing. Photos and videos introduced at trial should be explained. Crossexamination of child witnesses joel erik thompson. This article provides practical information on techniques for direct examination, crossexamination, and impeachment of young witnesses. After the deposition, edit the plan to streamline it for the date of the actual cross examination. Most attorneys we interviewed agree that the purpose of crossexamination is to aid their effort to argue or demonstrate that their own or their witnesses version of reality is more accurate. Cross examination questions that witness parentcould face blood. Differences between child and adult witnesses are discussed and suggestions are made for the effective crossexanimation of a child in cases of alleged sexual abuse.

In informant cases, it is more common than not, that the informants credibility will be the main focus of your crossexamination. The same and not the same these witnesses testify to a twoperson. There is a new chapter on crossexamination to the fallacies of testimony, which is intended to. Cross examination of a witness may generally take the form of leading questions, subject to the control of the judge. Scope of cross examination cross examination in many ways contributes to a qualitative system of justice. Rule 611b allows crossexamination on any matter relevant to any issue in the case, including credibility. Expert witnesses are key witnesses in many types of lawsuits. Trial advocacy, crossexamination of a medical expert. Like a weapon, it must be treated with respect and understanding. Cross examination scope and limitations subsections b and c of rule 611 specifically address two issues related to the presentation of evidence the scope of cross examination and the use of leading questions. What works for one expert, or alj, may not work for another. In the case of s v dlamini and another 2008 1 sacr 501 n, the accused were convicted in the high court of murder. Sound judgment, not rules, must determine how the cross examiner approaches each witness. An effective crossexamination of an expert witness is not formulated during the experts direct examination, or even shortly before trial.

The chapter method of organizing crossexamination is a widely used and commonly accepted method of organizing crossexamination. Sep 06, 2019 how to cross examine an expert witness. Even better is the chance to expose the witness to be a baldfaced liar. During crossexamination, the eyewitness is unlikely to admit that he could be incorrect.

Few, if any, questions are asked by the proffering attorney. Lawyers of my generation often tried to get under the witnesss skin to make him or her lose concentration. It may provide the best opportunity to lose a case, just as the examination in chief may provide the best opportunity for counsel to win a case. Crossexamination as to the admissibility of expert evidence may be. Relating information from a witness stand is neither conversational nor comfortable. Direct examination is conducted by the attorneys of their own witnesses. Crossexamination, therefore, specifically permits you to take control of the witness, take him where you want to go, and tell your important point to the jury through the witness. Crossexamination of experts presented by barry schu ltz. These two types of witnesses are completely distinct beings that think and act differently, and as a result, they must be approached differently. With an unfriendly witness on cross, youre not trying to help.

Jun 03, 2014 and shows how excel can be used during a cross examination at trial. Right to crossexamination of witnesses in the caselaw of european human rights court. Your experts credibility can be bolstered if you are able to discredit an opposing expert witness. Aa prosecutor who does not appreciate the perils of using rewarded criminals as witnesses risks compromising the truthseeking mission of our criminal justice. The ideas in this outline are meant as a guideline, to provide food for thought and not. Choosing the type and form of crossexamination, therefore, should be done in light of the states theory of the case and organized in such a manner as to reduce confusion and seek the truth. Your experts credibility can be bolstered if you are able to. The chapter method of organizing cross examination is a widely used and commonly accepted method of organizing cross examination. Now that youve locked in the current testimony and the weight of the prior statement, confront the witness with the inconsistency.

For example, an expert typically testifies in a medical malpractice lawsuit or in a lawsuit claiming a product was defective. If the testimony is false, the purpose of crossexamination is to destroy both the. He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert. Essentially, it consists of breaking down your crossexamination into distinct chapters consisting of the points and subpoints that you want to make for your crossexamination of a particular witness. How to cross examine an expert witness with pictures. He is also frequently called by experts, their employers, and retaining. In this reenactment of a section of an actual trial, the attorney seeks to get into evidence the sum of a column of numbers.

The witness asks the jury to equate measurement accuracy with interpretive reliability. Essentially, it consists of breaking down your cross examination into distinct chapters consisting of the points and subpoints that you want to make for your cross examination of a particular witness. If an image is worth admission into evidence, it is also worth more than a cursory display on the jurors screen. These should not be considered rules but rather red flags since experience demonstrates that most mistakes in crossexamination are made when the red flags are disregarded. Accordingly, the goal of expert crossexamination is twofold. However, keep an eye open for potential areas of crossexamination, as this will not only assist in preparing your questions and strategy for direct examination, but also to prepare your fact witnesses for cross. Consider it a test run to determine whether your plan is going to work.

Differences between child and adult witnesses are discussed and suggestions are made for the effective cross exanimation of a child in cases of alleged sexual abuse. When an objection is made that a question exceeds the permissible scope of cross1 see e. White, effective cross examination of expert witnesses, 18 prac. Pdf dirty tricks of crossexamination the influence of conjectural. Stephen owenconway qc how to crossexamine a witness in an.

Counsel is allowed wide latitude to ask questions during cross examination. It can be your best friend or your worst enemy if handled incorrectly. The setting is generally informal, scheduled in advance, and conducted in the presence of a. Crossexamination scope and limitations subsections b and c of rule 611 specifically address two issues related to the presentation of evidence the scope of crossexamination and the use of leading questions. Enliven your witnesses testimony with the use of props. The need for an expert witness to provide evidence for the tribunal of fact, which lacks technical scientific knowledge, in considering matters for crossexamination of the expert as set out in the advocacy manual of justice hampel and others is in two parts. One of the most effective tests for the discovery of the truth to test whether the evidence given by a witness is true or not cross examination is not the only way to ascertain the truthfulness of a witness. These two types of witnesses are completely distinct beings that think and act differently, and as a result, they must be approached differently on cross examination. Some confuse our stand on the use of blood and blood products with the position of religions that believe in faith healing and refuse all medical treatment. The cross examination of children is difficult and challenging. Crossexamination of experts presented by barry schu ltz, the. Cross examination as to the admissibility of expert evidence may be. Both subsections establish limits within which a trial judge should exercise discretion in maintaining control and order. Crossexamination of a witness may generally take the form of leading questions, subject to the control of the judge.

Examination, crossexamination, and redirect examination. The scope of crossexamination is intentionally broad. Pdf on jul 26, 2018, mehmet arslan and others published right to cross examination of witnesses in the caselaw of european human rights court find, read and cite all the research you need on. There are four basic goals for a prosecutor to consider in the crossexamination of each defense witness. Proper and thorough investigation before you file is the key to the game. You can win or lose a case with the successful crossexamination of an important witness. The need for an expert witness to provide evidence for the tribunal of fact, which lacks technical scientific knowledge, in considering matters for cross examination of the expert as set out in the advocacy manual of justice hampel and others is in two parts. Cross examination of police expert in cannabis cultivation and possession for sale cases effective cross examination of the police expert witness in a cultivation andor possession with intent to sell case can literally make the case. Direct and crossexamination law offices of steven c. You need to be a very good advocate to win a case by relying mainly on the crossexamination of your opponents star witness. The planning process should begin after the opposing ex.

This right is so firmly entrenched in our law that a denial by the court of this right is usually a reversible error, and a witness refusal to. Crossexamination the law governing crossexamination is, for the most part, quite simple. Crossexamination of eyewitnesses james education center. The experts the prosecution relies on are usually ordinary narcs who are not rocket scientists. The words you may crossexamine the witness presents a challenge to every. The crossexamination of children is difficult and challenging. The objects of crossexamination of a nonexpert fact witness include the. A skilled trial lawyer should be able to anticipate the major issues that will come up in the crossexamination of her witness. Introduction crossexamination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. Opposing counsel typically conducts the deposition.

One is the opportunity to show the jury that an adverse witness is not to be trusted. Have the entire cross examination plan ready to go by the date of the deposition, so you can see how the witness will respond. Cross examination the law governing cross examination is, for the most part, quite simple. It is important to determine whether or not to examine each and every witness put on by the defense. You want to show that you are a loving, caring parent who wants the best medical care possible for your child. Cross examination of a witness using excel youtube. Crossexamining the mistaken witness gair gair conason. Impeachment is the art of discrediting the witness on crossexamination. Chapters for crossexamination most crossexaminations involve either impeaching the story or the storyteller. Testifying is not natural even for the most experienced law enforcement witness. After the deposition, edit the plan to streamline it. Unlike the crossexamination of a lay witness which can show that certain testimony is incredible on its face, the cross of an expert witness cannot easily demonstrate that same improbability for example, the cross of an eyewitness who maintains that he could see a persons eye color from. The forum may determine whether you will receive an expert witness. Pdf right to crossexamination of witnesses in the caselaw of.