cross examination & modes of impeachment
TRANSCRIPT
Cross Examination &
Modes of Impeachment
CROSS EXAMINATION
CROSS EXAMINATION
Constructing Blocks of Questions & Making Jury Connections for Closing
CROSS EXAMINATION
FOUR topics to cover today
CROSS EXAMINATION FOUR Topics:
1. Constructing cross (from CLOSING backwards)
CROSS EXAMINATION
FOUR Topics:
1. Constructing cross from CLOSING
2. Organizing into BLOCKS
CROSS EXAMINATION
FOUR Topics:
1. Constructing cross from CLOSING
2. Organizing into BLOCKS
3. Asking a SERIES of short, clear, “YES” questions
CROSS EXAMINATION
FOUR Topics:
1. Constructing cross from CLOSING backwards
2. Organizing into BLOCKS (or “BULLETS”)
3. Asking a SERIES of short, clear, “YES” questions
4. Making a jury CONNECTION (reminding in closing)
CONSTRUCTING CROSS
START WITH CLOSING: • Will you discuss this witness & testimony?
CONSTRUCTING CROSS
START WITH CLOSING: • Will you discuss this witness & testimony?
If YES:
• What do you want to say about his/her testimony?
• What do you want to say about this witness?
CONSTRUCTING CROSS
START WITH CLOSING: • Will you discuss this witness & testimony?
If YES:
• What do you want to say about his/her testimony?
• What do you want to say about this witness?
• What can you say about his/her credibility?
ORGANIZING CROSS
Think BLOCKS (bullets/objectives), NOT questions
ORGANIZING CROSS
Think BLOCKS (bullets/objectives):
A. Adds nothing = “No questions”
ORGANIZING CROSS
Think BLOCKS (bullets/objectives):
A. Adds nothing = “No questions”
B. Favorable facts for you
ORGANIZING CROSS
Think BLOCKS (bullets/objectives):
A. Adds nothing = “No questions”
B. Favorable facts for you
C. “Don’t know”/”Didn’t see”
ORGANIZING CROSS Think BLOCKS (bullets/objectives):
A. Adds nothing = “No questions”
B. Favorable facts for you
C. “Don’t know”/”Didn’t see”
D. Credibility - Impeachment
ORGANIZING CROSS Credibility – Modes of Impeachment
A. Perception/memory
B. Bias
C. Prior convictions (FRE 609)
D. Acts of untruthfulness (FRE 608(b))
E. Prior inconsistent statements
(FREs 613 & 801(d)(1))
ASKING QUESTIONS
Series of
Short
Clear
“yes”
Questions
MAKING CONNECTIONS
Focus is on you & your questions
Stand in the center
Open up to the jury
Let the jury figure out your POINT
REMIND when you argue in closing
CROSS EXAMINATION
Constructing Blocks of Questions & Making Jury Connections for Closing
PROF. RUTBERG
PROF. RUTBERG
29 Am. J. of Trial Advocacy 353 (2005)
ORGANIZING CROSS
Think BLOCKS (bullets/objectives):
A. Adds nothing = “No questions”
B. Favorable facts for you
C. “Don’t know”/”Didn’t see”
ORGANIZING CROSS Credibility – Modes of Impeachment
A. Perception/memory
B. Bias
C. Prior convictions (FRE 609)
D. Acts of untruthfulness (FRE 608(b))
E. Prior inconsistent statements
(FREs 613 & 801(d)(1))