Basics of Cross

Examination
November 2013
Joel Leppard
Office of the Public Defender, 9th Judicial Circuit Training

The Perry Mason

Problem
VIDEO LINK: http://www.youtube.com/watch?v=AQV9sLDYhBw
(Skip to 6 mins)
The Problem:
perils of trying to get your Perry Mason Moment
Problem expectation of jurors and young lawyers
We expect to get that aha moment where we get the witness to confess
that they are liars
SCENARIO: we have a victim who calism
By harboring unrealistic expectations we ditract from our ability to get
attain goals namely, 1) by asking one question too many and 2) arguing
with the witness

Problem:
1) Leads to one question too many
2) arguing with the witness

Solution: Defining goals through Chapter Method

Goal Based Cross Examination

(Pozners Chapter Method)
Break cross examination into separate and definable
goals
Think about goals you want to accomplish prior to
examination

E.g., I want the LEO to admit that

Benefit:
Easy for jury to follow
Organization invites attention

Signals to judge where examiner is going (allow them to

continue)

Identify Any One Single Factual

Goal to Be Achieved by Cross
Think about what you want to argue in closing, then work
back
Can be as big or as little as necessary

Ex: that the perpetrator had a goatee

LEO didnt actually witness the agg battery

Chapter Method of
Cross Examination

Draft a SINGLE Chapter That Covers

Those Facts Leading to the Factual
Goal
Battery Example:
That were people between LEO and the fist fight
That it was dark that night
LEO didnt see who threw the first punch

Very General to Very

Goals
W willSpecific
agree to general issue,
before specific
The more difficult the witness, (LEOs, experts), the more
general, need to start

Examples

Arrived on scene at
approximately 11PM?
There was a fist fight going
on?
There were people at the
party?
People gathered around the
fist fight?
Had to walk through people
to get to the fight?
Some people were between
you and the fight?
Then move on to establish next
pointe.g., that it was dark out

Question Too Many:

You couldnt see the fight
very well, could you?

Additional Tips for

Cross-X
Do not pursue cross-x beyond your
chosen points

Build your ammunition for your closing argument

Use a Shotgun during Pretrial/Depo, but Use a Sniper Rifle During

Cross
Once you accomplish what you need, youre done
Andrews counter-example

Ask only questions to which you know the answer

Never want to be surprised
Should be all leading questions (more on this)
Typically, asking questions that can be answered by a yes or no
See the Yes Train discussed later

Segway to Lindseys amazing presentation

Dont just repeat what Witness Said On Direct

HYPOS: Mr. Wally Witness, you previously testified that

you saw my client, Mr. Defendant, repeatedly and
viciously stab Ms. Vicky?
Whats wrong with this?

End on a high note

Primacy and Regency

Sandwich the necessary boring stuff in the middle
Get your good points in at the beginning and the end
Sometimes you get a gift, need to know when to bail