SCIENCE OF CROSS. Advanced Tactics for Effective CROSS EXAMINATION

Transcription

1 SCIENCE OF CROSS Advanced Tactics for Effective CROSS EXAMINATION

2 Cross-Centered Trial Preparation Cross centered v. Closing centered Preparation, not prayer A valid trial theory must be consistent with the facts beyond change (FBC)

3 Cross-Centered Trial Preparation Cross centered v. Closing centered Preparation, not prayer A valid trial theory must be consistent with the facts beyond change (FBC) Cross examination is the crucible for FBCs Cross is the template for trial preparation

4 Why Johnny (Cochrane) can t lead... Theory (consistent with FBCs) Preparation (not fantasy) Control (technique)

5 Goals of Cross Reduce opponent s theory of the case Advance your theory of the case

6 Goals of Cross Reduce opponent s theory of the case Advance your theory of the case What s a theory of the case?

7 Goals of Cross Reduce opponent s theory of the case Advance your theory of the case A thematically appropriate theory that is rigorously consistent [or neutral] towards all facts beyond change.

8 Three Rules Short declarative statements One new fact per statement Organized from general to specific

9 Short Declaratives Do not force the Witness to eat the salami whole. You will fail. One thin slice at a time adding a fact each round. Organized from general to specific

10 One New Fact Example: Law enforcement search at arrest No evidence found during this search Search at booking softball-sized packet On direct, officer described arrest, low-balled the search at the scene Theme: centered on officer s overriding safety concern at time of first search

11 One New Fact Example: Law enforcement search at arrest No evidence found during this search Search at booking softball-sized packet On direct, officer described arrest, low-balled the search at the scene Theme: centered on officer s overriding safety concern at time of first search

12 General to Specific close off escapes witness feels the noose coming jury sees the noose coming witness can t safely dodge

13 General to Specific close off escapes witness feels the noose coming jury sees the noose coming witness can t safely dodge

14 vital exceptions... transitions the sine qua non of control branching questions any answer will do eliciting demeanor witness self-impeaches artistry some got it, most don t

15 transitions the sine qua non of control

16 C-0-N-T-R-O-L REPEAT-REPEAT <-- works 99% of the time REPEAT-REVERSE <-- nice change up LISTEN, then LIST or LOOP <-- flexibility! Let em roll <-- more self-impeachment

17 repeat-repeat use exact wording (may use name) level intonation (no upturn) tag if you really really need

18 repeat-repeat use exact wording (may use name) level intonation (no upturn) tag if you really really need Doctor Smith, you wrote your report that same morning

19 repeat-repeat use exact wording (may use name) level intonation (no upturn) tag if you really really need Doctor Smith, you wrote your report that same morning isn t that so?

20 repeat-reverse exact wording, but in the negative can use rising intonation modest incredulity is okay Doctor Smith, you didn t write your report that same morning?!?

21 listen, then list or loop LISTEN! did the witness hand you a gift? LIST get denials for every alternative LOOP display the gift

22 listen, then list or loop LISTEN! did the witness hand you a gift? LIST get denials for every alternative LOOP display the gift Doctor Smith, you jotted something down that same morning

23 Let em roll when the runaway witness gets going, turn your back but keep listening...

24 Impeachment? If you have a solid impeachment vivid BIAS, PIS, etc. Control alone isn t enough, you need to attack the witness It serves your Theory of the Case

25 Impeachment

26 finished with a point? always begin with a new transition then go to your 3 rules declarative statements only

27 finished with a point? always begin with a new transition then go to your 3 rules declarative statements only one new fact per statement

28 finished with a point? always begin with a new transition then go to your 3 rules declarative statements only one new fact per statement build general to specific