The prosecutors crossexamination can be an effective. And now, terence maccarthy has literally written the book on crossexamination, maccarthy on crossexamination. The socalled rules and commandments of crossexamination are designed to protect advocates from witnesses. Crossexamination can be used to discredit the testifying witness or another witness.
You have to think about the points that you want to make on crossexamination and then break them down into a multitude of little points. Yes, i am combining hearsay with the personal knowledge. For more trial advocacy tips that will help you persuade. Trial advocacy, crossexamination of a medical expert. On crossexamination, you have the luxury of choosing the areas of interrogation. Accordingly, the goal of expert crossexamination is twofold. Eddie craig will soon be launching a brand new site geared toward publicizing and organizing the efforts of the patriot community groups and organizations. Terence maccarthy is synonymous with effective crossexamination. Our ultimate goal is to persuade the jury to accept the explanation of the facts as told by us. Do not necessarily follow the order of opposing counsels direct examination of the witness. Maccarthy s look good system is the first system of which i am aware that goes beyond commandments about what to do and what not to do. You use short, declarative sentences, he taught us, to tell your side of the story.
Introduction crossexamination is a weapon, an effective weapon if handled correctly and a dangerous weapon if not. You use a rhythm and cadence in which you reward the witness for cooperating with you. See terence maccarthy, maccarthy on crossexamination. How to write cross examination questions each direct examination is followed by a cross examination. During cross examination the attorney for the opposing party asks questions of the witness. Maccarthy on crossexamination by terence maccarthy nook. Rationale to prevent distortion by counsel in crossexamination. Maccarthy is one of the countrys leading authorities on cross examination and will focus lectures and discussions on effective cross examination skills and impeachment of a prosecution witness. Its packed with all the tools you need to convert, edit, and sign pdfs. Its easy to add annotations to documents using a complete set of commenting tools.
This program will be helpful both to lawyers experienced in cross examination techniques and those who are not. For 40 years he has been the head of the federal defenders office in chicago, and is among the top cle instructors in the nation owing to his lectures on crossexamination technique. A few goals, however, are present in almost every case. If the crossexaminer looks good, the witness would look bad. A right to crossexamine a witness even can arise when a witness even can arise when a witness speaks against ones interest who calls him. Make a list of the positive statements that you expect the witness to admit during crossexamination. A key to this phenomenon is in learning to recognize and deal with facts beyond change fbc. Learn how to look good on cross, even when the witness is not cooperating. According to at least one judge, most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of crossexamination. The crossexamination method of trial preparation what does crossexaminationcentered preparation do for you.
The new rules of crossexamination present an offensive series of tactics specifically designed to enhance the crossexaminers theory of the case. The rules of the game cross examination is the litigators greatest weapon, but properly playing the game requires knowledge of the rules and maximum preparation. Organizing your crossexaminationthe chapter method mastering this method of crossexamination requires discipline and practice. Learn cross examination from the master, terry maccarthy in the privacy of your home, car, or office. Maccarthy on cross examination terence maccarthy on. Pdf this paper combines methods of argumentation theory and artificial intelligence to extend existing. The system provides a framework around which to design a crossexamination. The right of crossexamination is a statutory right which vests in a party to the proceedings. There are absolutely no judges and very few lawyers whom i respect so much. Best book online maccarthy on cross examination, free download.
In it, he shares the secret to effective crossexamination that he has perfected over the last 40 years. While no substitute exists for experience i have tried to outline some practical guidelines to assist those who are developing their own style and. Much of what i needed to know about crossexamination came from a onehour training session at the public defenders office in philadelphia. And now, terence maccarthy has literally written the book on crossexamination. It is a system based on a theory of how to most effectively conduct crossexamination. Filled with illustrative cross examinations from actu. Tips for effective crossexamination gentry locke attorneys. Rather, they are normally won by your own wellprepared wit nesses. Careful consideration must be given, however, before openended questions are asked on crossexamination. In the third edition, the authors provide their bestever coverage of the chapter. Who what when where how why questions that begin with any of the above are open ended and.
The new rules of crossexamination short course will provide you with practical tips and instructive reallife examples to learn straightforward, effective techniques to maximise the fact. Crossexamination strategies james education center. Depose each important expert yourself where possible. The lawyer asks hostile and sarcastic questions mixed with clever asides to the jury, and the witness gives evasive answers. Seventhly, a crossexamination is like a battle of control. To discredit or cast doubt on the evidence in chief of an opposing party or witness called by an opposing party. Learn how to manage and effectively minimize the witnesss involvement, without appearing controlling, extracting, and insulting. To elicit facts favourable to the party represented by the cross examiner. If a cross examiner calls for and reads a document of the other side, they must tender it as part of their evidence, even if some parts are unfavourable. It goes without saying that the crossexamination of an opposing medical expert must be carefully planned well in. Maccarthy on cross examination by terence maccarthy, 9781590318867, available at book depository with free delivery worldwide.
Law in general, comparative and uniform law, jurisprudence. A trial lawyer needs to develop a strategy for crossexamination. Crossexamining expert witnesses ases are not usually won through an opposing experts testimony. Crossexamination of experts presented by barry schu ltz. Successful cross examinations capture the attention of the jury and judge and expose the. The ultimate challenge for a trial lawyer is to extract information from the opponents witnesses to support their clients case andor undermine the credibility of the opponents position. The chapter method defined crossexamination is a series of goaloriented exercises. This may be accomplished in several ways including attacking the. Work on documents anywhere using the acrobat reader mobile app. It usually depends on the witness to be crossexamined. The art of crossexamination with the crossexaminations of important witnesses in some celebrated cases language. I have long been an admirer and a fan of terry maccarthy.
Make a list of the statements of fact or opinion that you intend to challenge on crossexamination. Five easy pieces new theories, new rules, new techniques. The last in the series illustrates maccarthys shining example of brevity. Think about how you can force an admission if necessary. The debate unfolds throughout a series of speeches as outlined below. View a sample of the third edition using the readnow feature in crossexamination. Cross examination ebooks terence maccarthy, pdf maccarthy on cross examination. Cross examination has been described as greatest legal engine ever invented for the discovery of truth. Crossexamination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officers competency or even integrity. It is infinitely the most dangerous branch, inasmuch as its.
Crossexam is always a monolouge by the lawyer never a dialogue. Trial advocacy, crossexamination of medical doctors. Lawyers who do nothing more than cover all the points raised on direct examination of the witness only reinforce their opponents evidence. Different types of crossexamination continued from page 7 if the case is a triable case, there is at least something to be done with any witness called by your adversary on the merits of the case. With acrobat reader dc, you can do more than just open and view pdf files.
Facebook twitter reddit linkedin whatsapp crossexamining witnesses crossexamination. Maccarthy on crossexamination by terence maccarthy goodreads. The crossexaminer wants to develop points or facts favorable to his. The party who has a right to take part in any enquiry, or trial, can crossexamine the witnesses. The expectation was based on an assumption that pseudo experts would be recognized by judges and juries once it. Sometimes, the two types of cross examination merge into one this is an integrated cross examination. Crossexamination on documents rn lwb432 evidence qut. Crossexamination often depends for its effectiveness on the ability of counsel to punch holes in a witness, testimony at just. During a trial, your cross examination of the opposing counsels witness is an opportunity to make him or her appear unreliable. Introduction television dramas portray crossexaminations as exercises in pyrotechnics. Prosecutorial crossexamination northwestern pritzker school of. New rules of crossexamination enterprises university of. In order to do this, you have to organize your crossexamination. Pdf witness impeachment in crossexamination using ad.
The purpose of crossexamination is firstly to establish. The cross examination master, terry mccarthy, suggests that lawyers use short declarative sentences in order to maintain control of a witness. Like a weapon, it must be treated with respect and understanding. Crossexamination practice script transportation cases.
Use of a deposition for impeachment at trial the pitfalls and the pavlovian response the roadmap for mapping out crossexamination through deposition testimony must interweave both the witnesses testimony on direct examination, which you intend to discredit on cross, and those admissions which you have. This rule was given by mccarthy on crossexamination. To extent necessary based on your experience and confidence, outline relevant points not questions. What works for one expert, or alj, may not work for another.
The nature of crossexamination one of my earliest acquisitions as a solicitor was a book published in england in 1937 called harriss hints on advocacy. Cross examination allows the opposing attorney an opportunity to secure admissions from the opposing witness that will tend to prove hisher. The chapters formally called sections, or areas to be covered of crossexamination are each a series of goalfocused, leading questions. This is the process of questioning your opponents witnesses. The role of crossexamination the role of crossexamination is to weaken or discredit the testimony of the opposing. Introduction the advent of daubert and kumho hearings were thought by many to be the panacea and would expose junk scientists. Utilize the two types of crossexamination, as appropriate. Science and techniques, third edition, larry pozner and roger dodd continue their outstanding tradition of helping attorneys conduct commanding crossexaminations. Maccarthy on cross examination pdf by creatlemtheve issuu. It can be your best friend or your worst enemy if handled incorrectly. This type of cross examination is the type of cross examination that is most commonly the. Maccarthy subject materials submitted in conjunction with 2010 national seminar for federal defenders presentation on witness impeachment, including article by terrence mccarthy, impeachment.
Killer cross examination page 5 killer cross examination. Foundations of effective crossexamination the litigator. The road ebook epub electronic book the road by cormac mccarthy for iphone, ipad txt format version, file with page numbers the road by cormac mccarthy kindle edition with audio multimedia cd video hardcover new or used, cheap audiobook pric theres also other available format to download. The topic for policy debate changes annually, so debaters throughout the course of the year will debate the same topic.
Next to examinationinchief nothing is more important, or difficult in advocacy than crossexamination. The primary reason lawyers are more adept in opening and closing statements is that they are able to use the most persuasive. Look good cross by terence maccarthy office of the federal. Negative crossexamination of affirmative 3 minutes. To master that art, lawyers need to give crossexamination the same attention they do other phases of trial. Although i think ediscovery is a more powerful engine for discovering truth, cross examination comes in at a close second and is indispensable when ediscovery isnt available. The cross examination method of trial preparation what does cross examination centered preparation do for you. In this rule, either, the witness has command control over the situation proceedings or the crossexaminer has the same. Maccarthys look good cross embraces the concept of storytelling and incorporates it within the system of crossexamination. What the jury hears first and last are most memorable.