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Direct Examination
Conducted by attorney who calls the witness to the stand
Cross Examination
Conducted by attorney for the party that has not called the witness.
Basic purpose of Cross Examination
To raise doubts about the accuracy of your testimony.
What kind of questions should be asked on cross examination?
Never ask a question that you don’t already know the answer to.
What can they ask?
Questions pertaining to information raised in direct examination
Any question that might lead to your bias, memory, or perception
What will you be challenged on if you give an opinion on the stand?
Your expertise
You did not have all the facts when forming your opinion
The facts you did have were wrong or misleading
Impeachment
The process of discrediting a witness
Three ways to discredit a witness
Shows bias or predjudice
Poor memory
Poor perception
Prejudice
The holding of an opinion not based on proof or competent evidence.
Poor memory
Used when bias or prejudice cannot be established
Lack of Perception
Some studies indicate that eyewitness identifications are accurate only slightly more than half of the time.
Prior inconsistent statements
Statements made previously that are inconsistent with the ones provided during the trial.
Two primary methods of establishing prior inconsistent statements
Provide other witness that testifies to an earlier made inconsistent statement
Have witness admit prior inconsistency in testimony
Contrary View
Officer action differs from some expert opinion
Attack on Character
Least commonly used tactic
What exactly does counsel want to know when “fishing”?
Surmise with certainty before responding
Sometimes doesn’t know for what he or she is fishing—just hoping you’ll help.
When should you stop if an objection is raised?
Immediately
What level of education should you assume the jurors have?
High school or less
Should you define technical terms?
Yes either with examples or by making analogies
Should you answer an “isn’t it possible” question?
No, it calls for you to speculate or guess.
What is your job as an investigator?
To report facts
What are several common “buzzwords?”
Reckless
Negligent
Intent
Mistake
Duress
Accident
Expert witness
Anyone who, as a result of education, training, or experience, possesses information that would be helpful to the judge or jury in understanding the matter at hand.
Should you testify to information that you are not qualified to testify to?
No, unless you have given the supporting evidence personally or heard it introduced by a previous witness.
Deposition
A process by which a witness is required to answer questions under oath.
Two reasons for a deposition
To preserve evidence
For discovery purposes
What is the protocol for a deposition?
You will testify and respond to questions asked.
How is a deposition utilized in a trial?
Refresh the memory of a witness
To impeach a witness for prior inconsistent statements
Who should you ask for critiques?
Fellow officers
Fellow workers
Prosecutor
Attorney
Paralegals
Jurors
Judge
What should you ask?
Annoying habits
Delivery
Attire
Understandable
Use of examples
Confidence level
Respectful or not
Attitude
Suggestions
Note
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