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Advanced Cross Examination Techniques

Discover the art and science of cross-examination with expert techniques. Learn the key strategies to control witnesses and achieve trial success. Gain insights into effective story-telling and reducing anxiety for better courtroom performance.

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Advanced Cross Examination Techniques

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  1. Pozner and Dodd Lecture Powerpoint

  2. Advanced Cross Examination Techniques Roger J. Dodd Roger J. Dodd, P.C. Valdosta, GALarry PoznerHoffman Reilly Pozner & Williamson LLP Denver, CO Pozner and Dodd Lecture Powerpoint

  3. Denver Valdosta Pozner and Dodd Lecture Powerpoint

  4. Excerpt from Hearing Held April 19, 1991 MR. DODD: We’d like to call the defendant for purposes of cross examination. THE COURT: Okay. Pozner and Dodd Lecture Powerpoint

  5. MR. DODD: Raise your right hand, please. Do you swear that the testimony you’re about to give this Court on the matter pending before this Court is the whole truth and nothing but the truth, so help you God? MR. JETT: I do. FRANKIE JETT, having been first duly sworn, was examined and testified as follows: Pozner and Dodd Lecture Powerpoint

  6. Cross Examination A. I’d like to also clear it up, Mr. Dodd, that I was not — it was not manic depressant, it’s psychothymic and there’s a big difference. • Thank you. Is that in response to the oath or the question I didn’t ask you. A. The question you didn’t ask… I would just like to clear it up, that it was not manic depressant, it was psychothymia that I was dismissed for. Q. The fact is you’re on Lithium. Pozner and Dodd Lecture Powerpoint

  7. Overview of The Morning Session • Cross-Examination: The Art Science • The Only 3 Rules of Cross-Examination The Advantages of Leading Questions Controlling Witnesses One Fact at a Time Goal Driven Cross-Examination Sequences Break • The Chapter Method of Cross-Examination • Database Investigation Pozner and Dodd Lecture Powerpoint

  8. Overview of The Afternoon Session • Page Preparation for Cross-Examination • Cross-Examination Sequences Break • Loops, Multiple Loops, Spontaneous Loops • Controlling the Runaway Witness Pozner and Dodd Lecture Powerpoint

  9. Learning Has ChangedWe Must Change Pozner and Dodd Lecture Powerpoint

  10. The 4 Keys to a Better Trial Method • Teach the Case • Tell Stories • Control Anxiety • Create your System Pozner and Dodd Lecture Powerpoint

  11. Principle #1 Trials are Dueling Information Systems Teach better = Win more Pozner and Dodd Lecture Powerpoint

  12. We dominate courtrooms by facilitating real time understanding of the facts. Pozner and Dodd Lecture Powerpoint

  13. Principle #2 Stories Imprint Information Into Memory Pozner and Dodd Lecture Powerpoint

  14. Principle #3 Anxiety Impedes the Processing of Information • You: lower • Jury: lower • Witness: higher Following a System Minimizes Your Anxiety and Maximizes Performance Pozner and Dodd Lecture Powerpoint

  15. Principle #4 Find your SystemDevelop your System Use your System Pozner and Dodd Lecture Powerpoint

  16. Expand Your View of Cross-Examination • Cross-Examination chapters can be destructive (hurt their theory) and 2. Cross-Examination chapters can be constructive (help your theory) Pozner and Dodd Lecture Powerpoint

  17. Cross-Examination: Science and Techniques Chapter 12: The Only Three Rules of Cross-Examination Pozner and Dodd Lecture Powerpoint

  18. The Only 3 Rules ofCross Examination • Use leading questions • Ask one new fact per question • Questions must follow logical progression to each specific goal Pozner and Dodd Lecture Powerpoint

  19. Rule 1 X Use Leading Questions Only Pozner and Dodd Lecture Powerpoint

  20. Leading Questions Make You the Teacher • Your words • Your tone, timing & emphasis • Your topics of cross (chapters) Pozner and Dodd Lecture Powerpoint

  21. Problem:Open ended questions seek facts, but don’t provide facts. Solution:Leading Questions = AnswersAnswers = FactsFacts = Learning How do you feel about drinking? Pozner and Dodd Lecture Powerpoint

  22. The California Rules MR. DRESSLER: Okay. Was there anyone else that was – that created an inventory or an itemization of what was taken in the execution of the search warrant? PROSECUTOR: Objection. Relevance. COURT: Overruled. The rule in here, anybody who stipulates to the chemist gets seven irrelevant questions. MR. DRESSLER: I don’t want to use up one so I am going to withdraw the question. I still have seven that way. Pozner and Dodd Lecture Powerpoint

  23. ? ? Leading Questions = Answers • How do you feel about drinking? • Do you like to drink? • You like to drink? • You drinkYou like it Pozner and Dodd Lecture Powerpoint

  24. Who What When Where How Why Explain Enemy Words Pozner and Dodd Lecture Powerpoint

  25. The Trial Lawyer’s Goal:Create uniformity of vision. Pozner and Dodd Lecture Powerpoint

  26. Use Vivid Words to Tell Stories You saw a man lying on the side of the road? vs. • You saw a man hurled from the car? • From the VW Bug you smashed into? • His body was lying in a heap? • On the shoulder of the road? • In the dirt? • Unconscious? Pozner and Dodd Lecture Powerpoint

  27. Rule 2 Ask One New Fact per Question Pozner and Dodd Lecture Powerpoint

  28. Your Building of Facts Persuades and Convinces Pozner and Dodd Lecture Powerpoint

  29. Use Short, Declarative Sentences Maybe today. Every day is a new day. It is better to be lucky. But I would rather be exact. Ernest HemingwayThe Old Man and the Sea Pozner and Dodd Lecture Powerpoint

  30. And by that way went the herds innumerable of bellwethers and flushed ewes and shearling rams and lambs and stubble geese and medium steers and roaring mares and polled calves and longwools and storesheep and Cuffe’s prime stringers and culs and sowpigs and baconhogs and the various different varieties of highly distinguished . . . James JoyceUlyssesChp. 12 - Cyclops Pozner and Dodd Lecture Powerpoint

  31. Teach Witnesses How to Answer • You threw the ball? • The ball wasred? • You threw the redballto Sue? Pozner and Dodd Lecture Powerpoint

  32. 1 2 3 4 You saw the tall handsome man with the expensive looking suit kiss the attractive woman in the blue Mercedes driven by the Defendant? 5 6 7 8 9 10 11 12 13 Pozner and Dodd Lecture Powerpoint

  33. Pozner and Dodd Lecture Powerpoint

  34. One New Fact per Question Solves Problems • No objection • Certainty as to answer • Easier impeachment • Better juror comprehension Pozner and Dodd Lecture Powerpoint

  35. Rule 3 Questions Must Follow Logical Progression to Each Specific Goal Introducing The Chapter Method of Cross Examination Pozner and Dodd Lecture Powerpoint

  36. Cross-Examination is a Series of Goal Oriented Chapters Cross-Examination Goals are accomplished by the Chapter Method. Pozner and Dodd Lecture Powerpoint

  37. Chapters Accomplish Goals • Group related facts • Use leading questions • The grouping establishes the goal • Build your theory or hurt their theory • Leading to a belief about credibility Pozner and Dodd Lecture Powerpoint

  38. Attach Ideas to Images Pozner and Dodd Lecture Powerpoint

  39. The Form of Chapters General Questions Increasingly Specific Questions Establish Goal Pozner and Dodd Lecture Powerpoint

  40. Chapter Form Yes General Questions Increasingly Specific Questions Yes Yes Yes EstablishGoal Yes Pozner and Dodd Lecture Powerpoint

  41. Draft Chapters Backwards Goal Pozner and Dodd Lecture Powerpoint

  42. 3 Stages of Witness Response Dumb as a post(General Questions) Tick-Tock (More Specific Questions) Tharn (Goal Question) Pozner and Dodd Lecture Powerpoint

  43. Do not reveal your goal at the top of a chapter. Goal Pozner and Dodd Lecture Powerpoint

  44. More Difficult = More General Q: You are a human being? Q: Humans lie? Q: You lie sometimes? Q: You lie when it is helpful? Pozner and Dodd Lecture Powerpoint

  45. Q: You are a talented liar? A: Yes. Q: You can make up & tell lies very quickly? A: Yes Q: You can think of elaborate lies and work on them a long time? A: Yes Q: You are the best liar you know? A: Yes, I am. Pozner and Dodd Lecture Powerpoint

  46. Cross-Examination is Inherently More Interesting than Direct Examination Opponent: (well into a lengthy direct examination of a witness) stopped and said, “Your honor, a juror is asleep.” Judge: “YOU put him to sleep, YOU wake him up.” Pozner and Dodd Lecture Powerpoint

  47. Cross-Examination: Science and Techniques Chapter 9: The Chapter Method of Cross-Examination Pozner and Dodd Lecture Powerpoint

  48. “Divide each problem into as many parts as possible; that each part being more easily conceived, the whole may be more intelligible.” DescartesDiscourse on Method (1637) Pozner and Dodd Lecture Powerpoint

  49. Chapters • A group of leading questions. • Progressing in a logical sequence. • Starting generally. • Becoming increasingly specific. • Establishing a factual goal. (Finish that picture) Pozner and Dodd Lecture Powerpoint

  50. Chapter Bundles A grouping of related chapters that need to be used together to create full picture. Pozner and Dodd Lecture Powerpoint

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