Fishman, excellence in crossexamination is an invaluable book for law students and seasoned trial lawyers alike. Before conducting the crossexamination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as. The limits of crossexamination seton hall law school. In informant cases, it is more common than not, that the informants credibility will be the main focus of your crossexamination. Crossexamination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officers competency or even integrity. If the attorney is able to effectively make his or her point, the defense theory is advanced. Cotsirilos the purpose of every function of an advocate is to aid his clients causefrom the first word spoken in the opening statement to the last word of the final argument.
The prosecutors crossexamination can be an effective. Cross examination definition, examples, cases, processes. The crossexamining attorney is bound by the same rules of evidence as the attorney who conducted the direct examination, with a couple of differences. During crossexamination, the eyewitness is unlikely to admit that he could be incorrect. Admissibility of the first kind is governed by ordinary rules of relevancy. Crossexamination of arresting officer principles, custody, motor vehicle stops and searches, drug cases, search warrants, and searches incident to arrests by kevin j. Pc prescribes the authority of the courts and elaborates upon the constitution of the court system. Following are sample transcripts that include the states direct examination as well the defense attorneys crossexamination of state experts. Tense crossexamination with police officer the trial. Introduction crossexamination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not.
Cross examination handbook download ebook pdf, epub. Excellence in crossexamination provides a novel approach to teaching the necessary tools of effective crossexamination. He is also frequently called by experts, their employers, and retaining counsel to train and prepare individual expert witnesses. How to crossexamine a witness in an australian court by stephen owenconway qc the object of crossexamination 1. Crossexamination is the legal process of interrogating a witness that has been called to testify by the opposing party in a legal proceeding. The rules about crossexamination arent as strict as they are for direct examination when you question your own witnesses. 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. Click download or read online button to get cross examination handbook book now. Crossexamination in criminal cases when does crossexamination take place. Lee bailey and his former law partner, massachusetts superior court justice kenneth j. Relentless criminal crossexamination james publishing. Crossexamination fort worth criminal defense lawyer.
Crossexamining complainants in sexual assault proceedings public defenders criminal law conference 2009 paper by belinda rigg, public defender 1. The art of crossexamination with the crossexaminations of important witnesses in some celebrated cases language. Introduction the advent of daubert and kumho hearings were thought by many to be the panacea and would expose junk scientists. The objects of crossexamination are to elicit favourable admissions or concessions from the witness. He put on a legal clinic during the oj simpson murder trial in 95. Crossexamination practice script transportation cases these terms are to be objected to at all times and for all purposes. While crossexamination is an essential tool of the defense attorney, it entails risks. One mistake that lawyers make is to conduct crossexamination in a vacuum. Chapters for crossexamination most crossexaminations involve either impeaching the story or the storyteller. Accordingly, the prosecutors opportunity to conduct a cross examination. On crossexamination, however, it is usually impossible to rehearse, so you will have to rely on meticulous preparation. You must be prepared, confident and have clear goals.
Isconsin the w defender winterspring 2008 volume 16, issue 1 cross examining police in false confession cases by. Stephen owenconway qc how to crossexamine a witness. Rule 611b allows crossexamination on any matter relevant to any issue in the case, including credibility. Defence counsel in a criminal case has a particular advantage and one that should be exploited. Mahoney excerpted from relentless criminal crossexamination i. A mountain of evidence was stacked against simpson, but the defense obscured the.
Every time a lawyer takes on a witness, one side gains ground while the other loses. They represent the legal meaning of these terms and phrases, which have not been introduced as evidence in the trial. Attorney deja vishny many criminal defense lawyers are filled with dread at the idea of trying a confession case. The second category is known as impeachment, and has its own set of rules. Law in general, comparative and uniform law, jurisprudence.
Dna for the defense bar j u n e 2 0 1 2 national institute of justice this document is not intended to create, and may not be relied upon to party in any matter civil or criminal. The expectation was based on an assumption that pseudo experts would be recognized by judges and juries once it. It is important that laws and regulations are promulgated in order to avoid a state of lawlessness, hence the need to explore the indian law, as well as, peruse through the crossexamination process in india. The criminal defense practitioner cannot hope to become proficient in the art of crossexamination without first becoming thoroughly conversant with the. The opinions, factual and other findings, conclusions, or recommendations in this publication represent the points of.
Crossexamination is a dangerous foray behind enemy lines. The opposing side then has the right to crossexamine them on their evidence. Crossexamination takes place after examinationinchief, or when a witness is. On direct examination, witnesses are controlled through preparation and rehearsal. Examination, crossexamination, and redirect examination. When a party calls a witness to testify in court, he must follow certain rules in questioning the witness.
The wisconsin defender cross examining police in false. In india where large number of complaints and cases are filed in civil and criminal courts every day, delay in justice is common as pendency of cases in courts are also growing rapidly. Crossexamination is the climax of any good lawyer movie, and for good reason. It can be your best friend or your worst enemy if handled incorrectly. When a witness or defendant has been called to testify in court they will give their evidence in chief. It usually consists of two kinds of questions 1 those designed to bring out additional facts and details about the events that were not brought out during the direct. To say, if a man comes to report to a court that he has seen a killing b by shooting with revolver at evening on a particular date. Crossexamining complainants in sexual assault proceedings. My own perspective on crossexamination has recently broadened. Like a weapon, it must be treated with respect and understanding. So, for example, assume we are planning our crossexamination of a robbery victim. Crossexamination crossexamination of witnesses called by the opposing party is an absolute right in both civil and criminal cases.
Learning crossexamination techniques for criminal cases through experience of course the best way to learn how to crossexamine in criminal cases is to be either a prosecutor or criminal defense counsel and try a lot of cases. Crossexamination national district attorneys association. Examination of witnesses plays an important role in the presentation. We should know that crossexamination is the most intelligent device evolved by the human civilization, during experience of centuries. Principles, custody, motor vehicle stops and searches. This is because, although crossexamination is important, it is just one aspect of a multipart trial. The scope of crossexamination is intentionally broad. Introduction to criminal investigation and trial the prosecutor must know the basic procedures of inquiry and trial in a criminal case. When the crossexamination is not derived from the defense theory, it can be counterproductive. Crossexamination practice script transportation cases. Crossexamination legal definition of crossexamination. In many cases it is necessary to crossexamine on the key issues in dispute.
Successful cross examinations capture the attention of the jury and judge and expose the. Crossexamination is to a lawyer as is the breakaway shot is to the hockey player, the oscarwinning monologue to the actor, or the entree to a very good meal. During a trial, your cross examination of the opposing counsels witness is an opportunity to make him or her appear unreliable. But crossexamination is certainly not the time to shoot from the hip. Chapter 5 crossexamination of informants and accomplices chapter 6 crossexamination of eyewitnesses chapter 7 crossexamining expert witnesses chapter 8 crossexamination in sexual assault cases chapter 9 crossexamination in dwi cases chapters 10 crossexamination at hearings on requests for restraining orders. Crossexamination of eyewitnesses james education center. Crossexamination and its legal provisions under indian. Pdf dirty tricks of crossexamination the influence of.
Sample questions to ask when crossexamining witnesses at. The north carolina courts have consistently held that crossexamination may serve four purposes. Sample crossexamination transcripts criminal defense wiki. Anyone who learns the rules can become a master of the art of crossexamination. This site is like a library, use search box in the widget to get ebook that you want. The examination and cross examination must relate to relevant facts, but the cross examination need not be confined, to the. Sc issues directions on examination of witnesses in. Every crossexamination is different, and has to be approached with flexibility. Trial preparation and crossexamination in complex criminal cases. Crossexamination is a vital part of defending those accused of sexual crimes. The first rule of crossexamination is that there are no absolute rules of crossexamination. The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that persons testimony, to develop the testimony further, or to accomplish any other objective. Dirty tricks of crossexamination the influence of conjectural evidence on the jury article pdf available in law and human behavior 144. The chapter method of organizing crossexamination is a widely used and commonly accepted method of organizing crossexamination.