On Monday we went over direct examination questions, which was pretty helpful, I think. Friday we'll try to do cross stuff, but it would be helpful for you guys to know a little bit about them, first.
1. Yes or No questions. Nothing else. An open ended question will not be objected to, but you lose points for it. Example: "You examined the body on May 13, correct?"
Bad example: "When did you examine the body?"
2. You are trying to make it look like you know more than the witness. Make it seem like they don't know what they're talking about, but do it gently. Example: "You said that you thought the ligature marks on the victim's wrists were a sign of binding?" "But, that was just an assumption," "So logically, there could have been other causes of those marks, correct?"
3. Do not start out with stupid stuff. They are obviously not going to lie about their name and age. Skip that. Focus on weak points in their testimony. Places that it differs from other testimonies, assumptions, hearsay, rememberance, lack of responsibility, etc. If one witness says that they grabbed beer for the ride, and your witness doesn't, find a way to show that they DID grab beer for the ride. Make sense?
4. Trick the witness into answering how you want them to. Word questions so they think the good answer is the one you want. Then, make them pay for it. Example: "You collected evidence on May 13, yes?" "The date of the murder was May 11." "So you waited TWO days after the crime to collect evidence without securing the crime scene?"
Anyways. We will practice on friday. Come with three or more cross questions, everybody, please. :) It's a flex meeting, so we'll be short on time. See you then!
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What are witnesses supposed to do to defend themselves against the cross-examination people?
ReplyDeleteGood question! You make yourself look GOOD. There is an excuse for most every weak point in a case. Example: "So you waited TWO days after the crime to collect evidence?" "The crime scene wasn't safe, I wasn't about to put my men in an intoxicated crime scene. No one else would have been able to access it, either."
ReplyDeleteMost cross examiners won't let you get through that whole thing. THey will ask you to answer with a "yes" or a "no". Some questions will need an explanation to maintain your good word, in which case the witness would reply "I can't answer that with a yes or no."
Witnesses will also go through their witness statement and find responses to questions about weak points. Not only do witnesses need to know highlights, they need to know their weak points even better. :) We'll go over that more tomorrow.
i remember that example during the hour and a half long video!
ReplyDeleteWait... if you answer saying "I can't answer that with a yes or no." Is there a way they can object to that, or is that o.k.?
ReplyDeleteNo that's fine. The judge will probably instruct the attorney to rephrase the question, but they often just move on. Good way to get out of it. :)
ReplyDeleteokay.... how can I get with Casey... playing Riley... not Campbell :p haha but yeah cuz i am crossing him and i need to start on some questions!! if we can have everyone help with everyone elses it will get so good!
ReplyDelete