how to respond to defense attorney cross examination

How to Handle Cross Examination at a Trial.

• 1. Watch a cross-examination. Don’t rely on movies or TV shows. Instead, go into a courtroom and watch a trial. Pay attention to how attorneys ask ...
• 2. Review all of your prior statements. You should expect the lawyer to be well prepared for cross-examination. They have read your deposition ...
• 3. Practice your testimony on cross-examination. Ideally, your lawyer will do a dry run practice session. Your lawyer can pretend to be the attorney ...
• 4. Inform your lawyer of any problems with your testimony. Your lawyer can defuse any bad fact by addressing it first on direct testimony. For ...

Full Answer

How to tell if a lawyer is good at cross examination?

If the defense lawyer can show that you've lied about something important, you've got problems. A really good trial attorney will ask you short, leading questions during cross examination. "Mrs. Jones, isn't it true you saw Dr. Gold on January 1 at his office?" "On that first visit you complained of a lump in your left breast, true?"

What is a cross examination in court?

Four simple, short answers. The attorney who cross examines you wants to be in control. He wants to tell a story. He wants to control what you say and how you say it. And that's Ok. Why? Because that's what really good trial attorney's do. Cross examination is an opportunity for the opposing attorney to challenge what you've said.

Can you control the questions the other side’s lawyer asks you on cross-examination?

You don’t get to control the questions the other side’s lawyer asks you on cross-examination. However, you can convey a lot of important information to juries and the judge based on how you look.

When to end a cross-examination in a criminal case?

Unfortunately, the cross-examining attorney can cross the line from effective advocate on top of the case to a brutal bully who does not know when to quit. Once you know an adverse witness has been destroyed, end the cross-examination. Continuing to jump on the witness’s lifeless body will only make you look like a thug. Step 6.

Why do prosecutor ask narrow questions?

They typically ask narrow questions intended to force the witness to provide certain information. Prosecutors use this tactic, too. Of course, defendants and their witnesses must testify truthfully at all times. But they must be careful to avoid going along with misleading information in a prosecutor's leading questions.

Does Carson agree with the cross-examination?

The question is leading but proper. The theory is that since Carson is likely to be hostile to the cross-examiner, he won't agree if the information is false. If Carson had two whiskeys—not three—within the half hour in question, he would simply answer, "No.". Talk to a Lawyer.

How to do cross examination?

Don’t rely on movies or TV shows. Instead, go into a courtroom and watch a trial. Pay attention to how attorneys ask questions and how witnesses respond. Take a notepad with you so you can capture your thoughts as you watch the cross-examination.

What is it called when a lawyer asks you to answer again?

Your lawyer will have a chance to question you again after the other side’s lawyer. This is called “redirect. ”. On redirect, your lawyer can then let you add context or detail to more fully explain your answer. Note that you must give your best answer since you are under oath.

How to practice testimony?

Practice your testimony on cross-examination. Ideally, your lawyer will do a dry run practice session. Your lawyer can pretend to be the attorney cross-examining you. After the practice session, you and your lawyer can review your testimony.

What to do if you made misstatements in a deposition?

It will take some of the sting out of the negative information. If you made misstatements in prior testimony (such as a deposition), let your lawyer know. They will give you a chance to correct it on direct testimony. If you have criminal convictions or convictions for perjury (lying), let your lawyer know.

How to answer a staring contest?

Don’t get into a staring contest, but be sure to make eye contact as you are being questioned. When answering, turn to the jury and look at the jurors. Avoid looking toward the judge or your own side’s lawyer during cross-examination. They can’t answer for you. [18]

Is cross examination the most dramatic part of a trial?

In movies and TV shows, cross-examination is always the most dramatic part of a trial. The lawyer is aggressive, and the witness either folds under the intense questioning or erupts in anger. In real life, cross-examination can be much less dramatic—if you prepare properly.

What is cross examination in a trial?

Cross-examination is, like all other parts of the trial (opening, direct examinations and closing), a means by which you argue your case.

What are the two types of cross examination?

What the jury hears first and last are most memorable. Utilize the Two Types of Cross-Examination, as Appropriate. There are two types of cross-examination, constructive and destructive.

Should you get constructive testimony before cross examination?

Generally speaking, if you need constructive testimony from a witness, it is better to get it first before moving into destructive cross-examination. After having her credibility challenged, the witness will be more likely to fight you on the points about which you seek her agreement.

Can opposing counsel use "isn't it true that"?

While opposing counsel might object on the grounds that , technically, you are not asking a question, the question is implied from your tone of voice. In any event , if the objection is sustained, you can revert to using the “isn’t it true that” format to cure the objection.

Can a witness quibble with a fact?

The more complicated a question or the more loaded it is with facts, the more easily the witness can quibble with it or deny it. The witness may fairly deny the question based the fact that a sub-part or minor fact, for example, is technically incorrect.

What is the art of cross examination?

The Art Of Cross-Examination. By Gerald A. Klein. While direct examination may be the hardest – and most important – part of any trial, cross-examination is usually the most fun. Unfortunately, most lawyers do not cross-examine witnesses well and forget that the purpose of cross-examination is not simply to attack an adversary, ...

How long does it take to cross-examine a witness?

The overwhelming majority of witnesses can be cross-examined in 30 minutes or less even in very complicated cases. Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct.

What happens if an attorney cannot find the point of impeachment?

Worse yet, if the attorney cannot find the point of impeachment while the jury is waiting, the attorney looks silly and the witness looks even more credible. Effective cross-examination requires the cross-examining attorney to be able to challenge an incorrect answer in a moment’s notice.

Why do you ask questions of witnesses?

Asking no questions of a witness can minimize the importance of that witness in the juror’s eyes , as you obviously did not feel the testimony was significant enough to challenge.

What happens when you ask an open ended question?

When you ask an open-ended question, or a question where you do not know what the answer will be, the witness may hit that question out of the ballpark. The only exception to asking a question where you do not know what the answer will be is where no answer could possibly help the witness.

Can a lawyer make up cross examination?

There are a handful of lawyers who are so gifted, they can make up cross-examination as they go. More likely than not, you are not one of these lawyers. Usually, attorneys who “wing it” on cross-examination are ineffective – or worse – become victims of their own questions.

Do you disappoint your jury?

Jurors have come to expect that one of the fun parts of watching a trial is watching effective cross-examination from a skilled attorney. Do not disappoint your jury.

What is cross examination?

Cross-examination is a critical part of the Final Hearing process and can be an extremely nerve-wracking experience . You may be wondering how to answer the difficult questions posed in cross-examination. Read on to find out our 8 best tips for surviving cross-examination. 1.

How to trip yourself up in cross examination?

Generalising through the use of absolutes is one of the surest ways to trip yourself up in cross-examination. If you say you ‘never’ do or say certain things, you give the barrister an opportunity to seek out the one situation which was an exception to your rule.

Can witnesses give evidence during cross examination?

Once cross-examination has commenced, witnesses giving evidence are not allowed to speak to their legal representatives. For this reason, it helps to be as prepared as possible. If you have questions that you want to ask your lawyer, make sure that you have asked them before you are called to the witness box. 5.

Is it a disservice to agree with a question?

It may feel like you are doing yourself a disservice by agreeing with a question which represents you in an unfavourable light, however, being honest goes to your credibility. Agreeing that you perhaps behaved badly in a prior situation can show insight into your own understanding of your behaviour and your ability to self-reflect.

What is the prosecution technique in cross examination?

Another common prosecution technique on cross-examination is to elicit from a witness an admission that he did not notify the police or prosecutor of his exculpatory story prior to trial.

What can be asked on cross examination?

A witness who has provided good character evidence on direct examination can be asked on cross-examination if he or she knows of specific bad acts that the defendant committed, if they are relevant to the character trait, and whether knowledge of those acts would change the witness’s opinion or testimony as to reputation. This cross-examination can include questions about arrests, as well as acts for which no criminal charges were filed. For example, in a case in which the defendant was charged with the illegal transfer of automatic weapons, witnesses who testified to the defendant’s character as an honest and law-abiding citizen were properly cross-examined as to allegations that he was behind on child support and allegations of sexual harassment at his workplace. Some states, however, forbid the prosecution from cross-examination about arrests and ucharged conduct. Since the asking of the question alone suggests to the jury that the defendant has an undisclosed sordid past, the cautious check the jurisdiction’s rules and take steps to preclude cross-examination on any forbidden areas. There are some limits on the prosecutor’s cross-examination of a character witness. The prosecutor must have a good faith basis (which can be pretty weak) that the facts implied in his question are true. More important as a practical matter, most courts forbid questions that assume the defendant’s guilt of the very charges for which he is on trial.

What is the only way to acquit a defendant?

Also, the question is argumentative and improperly suggests to the jury that the only way to acquit the defendant is to find that the prosecution’s witnesses lied. Some courts, however, draw a distinction between asking the defendant if another witness is lying and asking if another witness is mistaken.

What happens if a defendant does not speak at trial?

If, on the other hand, the defendant chose not to speak at all prior to trial, drawing any attention to the defendant’s pre-trial silence might impinge on his Fifth Amendment privilege against self-incrimination. This prosecution technique usually is not objectionable.

Can a defendant consult with his lawyer during brief recesses?

The trial court can forbid the defendant from consulting with his criminal defense lawyer during brief recesses, but a ban on overnight consultation, even when the prosecution is in the middle of its cross-examination, violates the criminal defendant’s Sixth Amendment right to counsel.

Do defense witnesses leave the same trail?

Most defense witnesses, except in white-collar cases, do not leave the same trail of prior reports and testimony that prosecution witnesses do as gist for a prior inconsistent statements cross-examination. Consequently, prosecutors often resort to several routine techniques on cross-examination.

Can a defense attorney call a witness?

If a defense witness has a long criminal record, the defense attorney simply will not call him to the stand. However, prosecutors often must call victims, informants and coconspirators who carry baggage containing long criminal records and promises of favorable treatment. Most defense witnesses, except in white-collar cases, ...

What is the strategy of cross-examination?

For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney’s strategy: control. The questioning attorney wants, maybe needs, to control the witness in order to build useful testimony in a deposition or to highlight useful testimony in trial cross-examination. T he more the witness is talking, the less control the attorney has. So there is a preference for leading questions that just call for a “Yes” or a “No.” After all, the attorney has a lot more control when the witness is just affirming or denying the lawyer’s word choice and focus, rather than choosing the words and the focus on their own. From a control perspective, the question, “Then you finalized your differential diagnosis, without including DVT, correct?” is a whole lot better than, “What did you do then?”

Why do questioning attorneys limit the answer to the single word?

So the questioning attorney’s efforts to limit the answers to the single word is an attempt to take back a bit of power from the witness. Some witnesses give in and just be led at that point, because it is easier than fighting counsel. The prepared witness, however, will try to fight back. Politely and respectfully, she will try to break out ...

What is the strongest response to a question?

Sometimes the three strongest words in response to a question are “ I don’t know .” When that is the real answer, then that answer is always going to be safer than any alternative. If the questioner has framed it in a way that prevents you from knowing whether it would be a “Yes” or a “No” answer, then say so.

What is the tactic of questioning?

A common tactic in questioning is to try to secure agreement at the level of principle, and then apply that principle to the case at hand. The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”.

Do witnesses have the right to their own words?

Yes (or No), But there ’s an Explanation. I believe that, as long as they’re answering questions and not filibustering, witnesses should have the right to their own words. However, I have seen it happen where counsel will successfully limit a witness to just the “Yes” or the “No,” sometimes with a judge’s help.