And there are classic "don'ts" that should be avoided, he says. Don't let your subject choose the area of discussion. Shows of anger have no place.
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Toughness does. My attention is on you. We are going to tell the judge the facts and so I will brush aside your evasions.
We will get at the truth. Why don't we get to it quicker rather than slower? It's more like using a scalpel than a meat cleaver. There is no place for trickery and the object is to "take a partially honest witness and make them more honest, to bring out more facts, not to conceal facts. In , she got a witness to dramatically reverse his testimony and admit that her client could not have participated in the fatal beating of a Burlington student.
Her eyes glistening with genuine emotion, she appealed to Lim Keoun to admit that her client Stephen Papadopoulos did not get out of a car to take part in the beating. Keoun reversed his testimony.
Excellence in Cross-Examination | Legal Solutions
The jury acquitted Papadopoulos of first-degree murder — deciding he did not directly participate — but found him guilty of manslaughter, to which he had already tried to plead guilty. Good cross-examination is a science more than an art, says McArthur, who has taught classes on it at Osgoode Hall law school. McArthur writes out summaries of what the witness has said in previous statements, rather than relying on a junior lawyer to do it.
That way, if a witness varies from previous evidence, "I am prepared to impeach them. Select volumes.
6 thoughts on “The art of cross examination by Nigel Pascoe QC”
Monthly pricing. Convenience of fixed monthly payments and long term price protection. Choose 24 or 36 months. All updates, revisions, and new editions included. This book provides detailed insight into learning the tools necessary to become an effective cross-examiner, including: Obtaining a command of the English language Developing a superior memory Understanding and manipulating the rules of evidence The authors then teach the essentials of preparation for trial: investigation and discovery.
The principles and tools of cross-examination are thoroughly explained, and the art is brought to life with numerous examples of masterful cross-examinations, such as Bailey's cross of the coroner in the Sam Sheppard case and Roy Black's examination of the key witness in the William Kennedy Smith trial.
Each example is accompanied by the authors' expert insights into the reasons for their effectiveness, as well as helpful descriptions about the trials themselves. It is these real-life cross examinations that differentiate this book from others on the subject and make it of interest to readers far beyond the community of trial lawyers.
Free Book of the Month: The Art of Cross Examination
Author Video Share this video. At first glance, The Art of Cross-Examination is a period piece. The first edition appeared over a century ago, in , and the last dates from the 's. Yet if there is a more useful how-to book The Art of Cross Examination. Francis L. With the cross-examinations of important witnesses in some celebrated cases.
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Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York courtrooms of the s and s as assistant corporation counsel and assistant district attorney. In this volume he draws upon his own experiences and the brilliant achievements of other noted lawyers to explain and exemplify the principles of questioning. He quotes extensively from many memorable cases, utilizing them to illustrate both the manner and matter of cross-examination.
He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness; showing that knowing when to elicit information, and when not to, is critical to the artistry of the advocate.
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