Anatomy of Cross-Examination

Contents Acknowledgments33 Forward35 Introduction37 Part One: Sizing Up The Terrain45 Principle One: The Object Of Cross-Examination Is To Cast Doubt On The Witnesses And Evidence Presented By The Opposition Using All The Rhetorical Skills Available47 Cross-examination is more than asking questions. Cross-examination is the strategy of words and actions the advocate employs during the presentation of evidence by the opposition that serves to cast doubt. To be an effective cross-examiner the advocate must employ all the rhetorical skills. The advocate must establish his own character, he must put the jury in a receptive frame of mind, and he must cast doubt on witnesses and evidence of the opposition. Principle Two: The Advocate Must Create A Favorable Trial Atmosphere For Effective Cross-Examination52 If the advocate has failed to create a favorable atmosphere his cross-examination will fail. Establish a rapport with the court as quickly as possible. Include the jury in the proceedings a quickly as possible. Establish the boundaries of your case. Present your theme and strategy to the jury at the earliest possible moment. Pay as much attention to your form as to your substance. Principle Three: The Appeal To The Jurors Begins When They Enter The Courtroom For The First Time And Ends With Closing Argument59 Juries should be made allies at the first possible moment. The jury must be made aware of the importance of their role in the trial. The jury should be impressed with the skills of the advocate. Engage the jury in arriving at a joint conclusion. The advocate must never lose sight of the appeal to the jury. The tools for voir dire are growing and the opportunity to use them shrinking.The advocate must develop his skills and priorities to use the time available in the best way possible. Principle Four: Assume The Jury Is Watching You65 One or more of the jurors will monitor every act of the advocate, The advocate should not say or do anything in the cDavies, Leonard is the author of 'Anatomy of Cross-Examination ', published 2004 under ISBN 9781413431995 and ISBN 1413431992.