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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?
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):
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))
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
ORGANIZING CROSS
Think BLOCKS (bullets/objectives):
A. Adds nothing = “No questions”
B. Favorable facts for you
C. “Don’t know”/”Didn’t see”