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Direct & Cross Examination in Criminal Cases Presented by Joseph Passanise Solo and Small Firm Conference June 11, 2010.

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Presentation on theme: "Direct & Cross Examination in Criminal Cases Presented by Joseph Passanise Solo and Small Firm Conference June 11, 2010."— Presentation transcript:

1 Direct & Cross Examination in Criminal Cases Presented by Joseph Passanise Solo and Small Firm Conference June 11, 2010

2 O VERVIEW 1) Vision 2) Direct in Criminal 3) Focus on Cross in Criminal 4) Practical Tips

3 O PTIONS FOR J URY 1) Guilty 2) Not Guilty 3) Not Sure

4 V ISION  Theory of Reasonable Doubt  Direct and Cross Examination to Support Theory of Innocence

5 V ISION 1) Will the Jury Sympathize with Witness? (Gov/Yours) 2) Does the Witness Help/Hurt? 3) List of the Evidence & Facts to Support Theory (Exhibits) 4) Include the Source for the Fact

6 S UPPORTING Y OUR T HEORY OF I NNOCENCE  Prove Facts Supporting Theory  Impeach Prosecution Case  BUILD CREDIBILITY

7 D IRECT E XAMINATION 1) State Name / Occupation 2) Build Rapour 3) Direct your Attention to Date, Time, Place – Were you there? 4) What did you See? 5) What did you Hear?

8 D IRECT E XAMINATION 6) How Close? 7) Under Influence of Alcohol/Drugs? 8) How Long Did you See/Hear? 9) What did you Do? 10) Then, what did you do? 11) How did that make you feel?

9 C ROSS E XAMINATION IS A S KILL & A RT Build Credibility

10 V IDEO

11 C ROSS E XAMINATION Bias is Never Collateral! 1)Davis v AK, 415 US 308 (1974) 2) State v Hedrick, 797 S.W. 2d 823 (MO App. 1990)

12 C ROSS E XAMINATION 1) Right to Present a Defense 2) Right of Confrontation Character Assassin!

13 T HEMES FOR T HEORY OF I NNOCENCE 1) Lack of Curiosity to Investigate 2) No Corroborating Evidence 3) Incomplete Evidence 4) Confusing Evidence 5) Contradictory Evidence 6) Investigation Compromised 7) Bias in Witnesses 8) Inconsistent Statements

14 C ROSS E XAMINATION 1) One Fact 2) Evidence From Witness 3) Build Towards Theory 4) Listen to the Answer / Use

15 C ROSS E XAMINATION 1) Law Enforcement 2) Lay Witness A.K.A “Little Helpers” 3) Expert Witness 4) Child Witness

16 P OLICE O FFICERS C AN H ELP 1) Not limited to Just the Case –(Lead Investigators – Protocol) 2) They are Quasi-Experts Specialized training Continuing Education Investigative Subpoenas Search Warrants Statements / Miranda Search Incident to Arrest

17 L AY W ITNESS 1) Bias 2)Inconsistent Statement (Chronology) 3) Don’t Argue 4) Control the Flow

18 E XPERT W ITNESS 1) Pick a Point or Two and Hit Hard 2) They Will Always Want to Explain 3) Get them Off Stand

19 C HILD W ITNESS Please don’t make me cry!

20 Siblings Friends Grand- Parents Juvenile Officer Police Officers Sunday School Teacher Minister Teacher School Nurse Doctor Counselor (Psychologist) Child Advocacy Center DFS Step Parents The Iron Curtain

21 B ENEFITS OF P REPARED C ROSS  Benefit of Doubt from Court  Builds Credibility  Jury Pays Attention to you!  Limits area of Re-direct?

22 S OME R ULES OF E NGAGEMENT A. Know Your Case Better Than Government 1) Be prepared to cross with no notes – It is intimidating ! B. Be Discerning 1) Look at witness/keep eye contact 2) Watch Non-Verbal Clues C. Control the Flow 1) Cover Topics Out of Order 2) Open Questions in Deposition

23 S OME R ULES OF E NGAGEMENT D. Use Exhibits - Crucial E. Testify For the Witness 1) Is that right – Yes/No F. Bring out the Biasness G. Know Your Style H. Listen to Testimony and Use it!

24 W HY D ON ’ T W E U SE O PEN -E NDED Q UESTIONS IN T IME Because… 1) Lose control over witness 2) Don’t always know answer 3) You will get CONVICTION ASSURING ANSWERS!

25 P RACTICAL T IPS 1) Practice in Depositions 2) Style and Tone 3) Take a Non-Verbal Class 4) Read Posner / Dodd Book 5)Have Curiosity 5) Eye Contact 6) Pauses

26 P RACTICAL T IPS 7) Use Subpoenas 8) Inconsistent Statements Destroy Witness Credibility

27 www. Entrapped.Com Thank You 2974 E. Battlefield Springfield, MO Phone: (417) Fax: (417)


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