Principles of Cross Examination

• NCJ Number: 84218
• Author(s): J D Fuchsberg
• Date Published: Unknown
• Length: 0 pages
• Sponsoring Agency: University of California
• Corporate Author: University of California at Berkeley
• Publication Format: Film
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Videotape, 35 minutes, black and white 1/2 inch.

Annotation

This lecture encourages the practice of cross-examination whenever permissible and offers guideposts for conducting successful cross-examinations of witnesses.

Abstract

It is only the rate situation in which foregoing the right to cross-examine a witness could be beneficial. The purpose of cross-examination is either to weaken the witness's direct testimony or to underscore in the cross-examiner's favor weaknesses already revealed. Despite having to deal with various courtroom personalities, attorneys can learn cross-examination skills because their most essential prerequisites are planning and organization. The tone as well as the subject of the questioning are set by cross-examiners. They should prepare and arrange their cross-examinations in advance. It is important that the cross-examiner make an impression of competence and fairness rather than appearing to be too clever, too harsh, or too inconsiderate. It is more important to appear truthful than it is to be right in every arguable point. The cross-examiner's mastery of the facts and persistence on the principal theme of the case will ensure that it is tried on these issues.