NCJ Number
147589
Journal
Criminal Justice Volume: 8 Issue: 4 Dated: (Winter 1994) Pages: 2-6,51-54
Date Published
1994
Length
9 pages
Annotation
Cross-examination techniques are discussed.
Abstract
This article discusses Professor Irving Younger's commandments concerning cross-examination and modifies them to help criminal trial attorneys. The original commandments are: be brief; ask short questions using plain words; ask only leading questions; do not ask a question if you do not know the answer; listen to the answer; do not quarrel with the witness; do not allow the witness to repeat his or her direct testimony; do not permit the witness to explain; avoid asking one question too many; and save the explanation for summation. The author modifies the rules as follows: be brief as you can under the circumstances; ask only short questions using plain words, except when making a speech; use the most profitable methods of cross-examination available given the specific situation; do not ask a question if you don't know the answer unless the situation dictates otherwise; listen to and watch the answer and then follow up on what you hear and see; argue with the witness whenever the jury would deem it to be appropriate; do not rehash damaging direct testimony without a good reason; if you know what a witness's explanation will be, or that a different explanation wil expose the witness to impeachment, you can further your personal advocacy objectives without sacrificing the quality of the cross-examination; learn the facts of the case well enough to develop a plausible theory of the defense so that you never ask one question too many; get only what you need, and then stop and sit down. Each modification includes a brief discussion. The author advises that cross-examination is a highly personal skill and that it is unwise to follow Professor Younger's commandments, or anyone else's, blindly.