Tuesday, April 04, 06\
A. Control in Cross-Examination
No skill of the trial advocate epitomizes adversarial confrontation as drastically or significantly as that of cross-examination. An old legal maxim states there is never an outcome of a cause contested that is not generally dependent on the advocate's skill in cross-examination. Over the decades of tests the validity of witnesses by cross-examination, from Socrates' masterful wondering of his accuser Miletus through the trial offers that complete courtrooms today, the skills necessary of the advocate have developed in to principles that can be learned, practiced, and mastered by the thorough advocate. The timeless mother nature of the adversarial skills necessary of the cross-examiner was recognized by the eminent New York trial lawyer, Francis Wellman, nine decades ago in the excellent treatise on the Skill of Cross-Examination: It requires the greatest ingenuity; a habit of logical believed; clearness of perception on the whole; infinite persistence and self-control; power to go through men's thoughts intuitively, to judge their personas by their faces, to appreciate their motives; ability to act with force and precision; a masterful understanding of the subject subject itself; and extreme caution; and, above all, the instinct to discover the weak point inside the witness under examination. you Consequently, cross-examination is the most difficult of the adversarial skills to buy. Once perfected, however , also, it is the most significant skill, since it is from the crucible of cross-examination that truth most often emerges. As with most significant skills, mastery of the basic principles and techniques need to combine with hard-earned experience to mould the neophyte in a seasoned cross-examiner. The purpose of this chapter is usually to present an overview of many principles and techniques of cross-examination that have been passed to our generation from the master recommends who have preceded us. Top rated of Webpage
B. Muted Cross-Examination
There are many instances when one of the most brilliant cross-examination consists of " Thank you, the Honor, but it really is not necessary to cross-examine this observe. " A talented advocate can recognize individuals instances and overcome the compulsion to cross-examine every witness. The categories you must carefully consider for the silent cross-examination technique are the scope of cross-examination permitted under the guidelines, the benign witness, the unimpeachable experience, avoidance in the baited capture, avoidance of unnecessary reiteration, and avoidance of incorrect motives to cross-examine.
1 . Scope
The seminal point in preparing and conducting cross-examination is a clear understanding of the principles controlling the opportunity of permissible cross-examination inside the particular court in which the case is to be tried out. A significant difference exists between the restrictive government rule as well as the common law rule regarding the scope of permissible cross-examination. The common law rule, which is retained in lots of state legal courts, regards cross-examination as the acid test in the truth and affords the parties a wide latitude in the cross-examination of your adverse observe. This rule permits lawyer to question the witness on any subject strongly related the question and does not minimize the scope of cross-examination to matters on which the witness was questioned on direct. The restrictive rule, usually called the federal rule, greatly reduces the potency of cross-examination because an adversarial weapon by limiting the scope of cross-examination to the same subject matter as the direct exam and issues relating to the witness's trustworthiness. This secret requires the cross-examiner to call the witness as part of his personal case if perhaps he really wants to range farther afield. The resulting loss in the right to inquire leading concerns on the fresh subject matter tremendously reduces counsel's opportunity for an in-depth cross-examination in the professed search for " the whole truth and...