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Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.
"Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill." -- Publisher.
The Cross-Examination Handbook teaches students the skills and strategies behind planning and conducting a persuasive cross-examination. This book offers step-by-step instruction and outstanding examples from illustrative trials. Two criminal and two civil case files, along with role-play assignments, give students practice actually planning and executing a cross-examination.
In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.
This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Since the last edition of the book published in 2017, the importance of depositions has increased substantially. As the subtitle of this book indicates - Your Depositions are Now Your Trials. Knowing how to cross-examine deponents is an absolutely essential skill for all litigators. Cross-examination for depositions gives you the tools you need to maximize your effectiveness at depositions.