Cross Examining a Witness? Safety First!
Have you ever been to a gun range? Up until this year, I’d never been to one. Other than displaying firearms to the jury during criminal trials, I hadn’t held a firearm in over 20 years. The last time I’d actually fired a gun was back in Boy Scout camp, and I’d been a lousy shot. That’s why it was a bit of a surprise for me earlier this year when I suddenly had the urge to find a gun range and go target shooting. Obviously, safety is a huge concern at every gun range. First,...
Read MoreThe Tempo of Cross-Examination (or, What Beethoven, Urban Meyer, and James Woods taught me about cross-exam)
In music, it’s not just the notes that create the tune. It’s also the length of the notes and the empty spaces between the notes that define the music. You don’t immediately recognize Beethoven’s Fifth Symphony because of the first four notes (“G-G-G-E”). You immediately recognize it because of the tempo (“short-short-short-loooooooooooonnnnng”). Tempo. It doesn’t just affect the mood of the music, it also affects the difficulty level of the...
Read MoreShould You Call the Witness a “Liar”?
Trial Practice Tip - Cross examination is difficult enough without raising the bar higher than necessary. Here's a critical mistake to avoid in cross-exam.
Read MoreHow to detect “non-answers” during cross-examination
Prof. John Henry Wigmore argued that “Cross examination is the greatest legal engine ever invented for the discovery of truth.” But that’s only true if the cross-examination is conducted by a skilled examiner. Cross-examination is a tool, and like any other tool, its effectiveness is limited by the hand that wields it. In the hands of a master craftsman, cross-examination can achieve remarkable results. In the hands of a novice, it can often cause more harm...
Read MoreAre You Asking Too Many Questions During Cross-Examination?
As Shakespeare would say, “Don’t gild the lily.” When a witness gives you a favorable answer (regardless of whether its during direct examination or cross-examination), be wary of trying to improve upon it. Too many times, attorneys have tried to lock the witness down on a point that they’ve already won, only to have the witness improve upon the answer and cram it down the attorney’s throat. For example, let’s say you represent a man accused of Trafficking in Heroin. The government is...
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