NCJ Number
104366
Journal
Trial Volume: 23 Issue: 2 Dated: (February 1987) Pages: 75-79
Date Published
1987
Length
5 pages
Annotation
This article presents some 'dos' and 'don'ts' for cross-examining witnesses.
Abstract
Do use simple language, keep the objective of the questioning hidden from the witness, ask specific questions, get information a little at a time, ask leading questions, cover important points, and examine improbabilities. Other 'dos' are to place a time frame on incidents reported in the testimony, elicit witnesses' admissions they do not remember certain things, and pose a crucial question just as the witness is leaving the stand after being excused. The cross-examination should conclude with questions that will require the witness to admit facts favorable to the cross-examiner's case. Some 'don'ts' of cross-examination are not to ask if the answer is not already known by the cross-examiner, not to repeat direct examination, not to be diverted from the objective of the cross-examination, and not to let the opposing attorney interrupt the cross-examination. Other 'don'ts' are not to insist on yes or no answers; not to create the opportunity for ruinous redirect examination; not to argue; not to object to the judge's questions; not to say, 'Remember you are under oath;' and not to be baited by the opposing attorney.