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Direct and Cross Examination

Direct and Cross Examination

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Direct and Cross Examination

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  1. Direct and Cross Examination

  2. Direct Examination • “A Few Good Men” clip

  3. Two types of questions • Open Ended – Where were you when the shots were fired? • Leading – You were at the mall when the shots were fired.

  4. Goals of Direct Examination • Go over: • Who? • What? • Where? • When? • Why? • How? • ***NEVER use YES or NO answers

  5. Purpose of Directs • The witness is the star and you want them to tell their story to the jury. • You are not telling the witness what to say but you questions should guide the jury to your THEME

  6. Hints for Direct • Use “sign posts” • “I’d like to talk to you about when you went to the beach.” • “I’d now like to address the car.” • This style helps the jury and the witness stay on track of your theme • Stand off to the side so that the witness has the stage • Ask me Direct questions regarding a stolen car. Theme is that I had to steal it to save my pregnant wife.

  7. Example of Direct • A FEW GOOD MEN

  8. Cross Examination • PURPOSE: • Control witness • Counter Direct arguments • Focus on weaknesses or inconsistencies in the story

  9. Cross Examination • In Cross Examination you use LEADING questions.

  10. Leading Questions • Focus on one question one fact • Yes or No answers • Keep it simple • Examples: • Bad = “what color was the car?” • Good = “The car was yellow, correct?”

  11. Hints for Cross Examination • Stand in front of the witness • Don’t ask questions you DON’T know the answer to • Don’t ask open ended questions • Don’t let the witness wiggle out You are in control. They say what you want them to. • Think of possible objections from the opposition

  12. Example of Cross Examination • A FEW GOOD MEN

  13. Cross Examination Exercise • #1 think about talking to a friend that you had not seen all summer (Direct Exam) • #2 think about what questions your parents would ask if you were caught sneaking in at 3am (Cross Exam) • Ask me questions about what I am wearing. ALL OBJECT IF WRONG • Direct exam style • Cross exam style