DIRECT EXAM

WHY AM I CALLING THIS WITNESS? ELEMENTS? EXHIBITS? CREDIBILITY? MORAL STRENGTH?

PRIORITIZE

ORGANIZATION  PRIMACY  RECENCY

PRIMACY: THE FIRST THING YOU SAW OR HEARD FIRST HUMAN FOOTPRINT ON THE MOON

RECENCY: THE LAST THING YOU SAW OR HEARD MICHAEL JORDAN’S LAST SHOT

APPOSITION: the act of placing together or bringing into proximity. PLACE IMPORTANT FACTS INTO A DIRECT EXAM IN A WAY THAT EMPHASIZES THEIR RELATIONSHIP TO OTHER FACTS.

APPOSITION EXAMPLE FACTS ABOUT HANSEL & GRETEL THEY WERE FORMER NEIGHBORS OF THE WITCH THE WITCH HAD RETIRED TO THE FOREST & BUILT HER DREAM HOME, A GINGERBREAD HOUSE HANSEL & GRETEL FOUND HER HOUSE WHILE THEY WERE RUNNING FROM THE COPS THEY WERE HUNGRY & STARTED EATING HER HOUSE SHE RECOGNIZED THEM

DURATION & REPETITION SPEND MORE TIME ON IMPORTANT FACTS REPEAT IMPORTANT FACTS GET SEVERAL WITNESSES TO REPEAT THOSE FACT

DURATION & REPETITION In the case of Hansel & Gretel, the eyewitness testimony of the witch identifying Hansel & Gretel is important. In direct exam, lawyer should formulate several questions on this topic & have witness repeat several times, in different ways, how she identified the defendants.

STYLE OF DIRECT EXAM = STORYTELLING STORY SHOULD BE: –Clear –Believable –Simple

FOCUS OF DIRECT EXAM: WITNESS

DIRECT EXAM TECHNIQUES AVOID LEADING QUESTIONS, I.E. QUESTIONS THAT LEAD TO THE ANSWER. Example: You never liked Casey, did you? AVOID QUESTIONS THAT CALL FOR A NARRATIVE ANSWER. EXAMPLE: So tell the court everything you did on Dec. 22, 2007

SPEAK NATURALLY. Avoid quoting the witness statement word for word. Use language with which witness feels comfortable (not slang) which will aid in memorization. DO NOT ALTER THE FACTS even though you may be altering the style of language USE SHORT, OPEN-ENDED QUESTIONS THAT ALLOW WITNESS TO TELL THE STORY. Where were you the night of Dec. 22, 2007 What were you doing? How did you react when you saw the accident?

Post “Headline questions” for transitions. “Let’s talk about the evening of Dec. 22, 2007.” “Now, Mr. Jones, l’d like to ask about your educational background.” Turning your attention to Exhibit A, the diagram of the intersection of Kimball & Foster.

Incremental questions. Assemble a mental image, piece by piece.

WHAT DID THE ROBBER LOOK LIKE? DESCRIBE HIS HAIR COLOR AND STYLE? DESCRIBE WHAT HE WAS WEARING. DID HE HAVE ANY TATOOES? DID HE HAVE ANY VISIBLE SCARS? HOW TALL WAS HE? WAS HE WHITE, BLACK, LATINO, ASIAN? AVOID GENERAL QUESTIONS - PROVIDE CLEARER PICTURE - ALLOW LAWYER TO COVER IMPORTANT DETAILS - AID LISTENER (JUDGE OR JURY) IN REMEMBERING POSE INCREMENTAL QUESTIONS

STIPULATIONS = FACTS THAT ARE NOT IN DISPUTE REFER TO STIPULATIONS THAT ARE RELEVANT TO THE WITNESS.

CREDIBILITY EMPHASIZE POINTS THAT ENHANCE CREDIBILITY EXPLAIN POINTS THAT WEAKEN CREDIBILITY

ELEMENTS = CONDITIONS THAT MAKE AN ACT UNLAWFUL FORMULATE QUESTIONS THAT ADDRESS THE ELEMENTS.

SIMPLICITY KEEP YOUR THEORY SIMPLE. STRAIGHTFORWARD LANGUAGE UNCOMPLICATED PHRASING. SIMPLE SENTENCES AVOID COMPOUND QUESTIONS, I.E. 2- PART QUESTIONS.

TEN COMMANDMENTS OF DIRECT EXAMS I.PRIMACY II.RECENCY III.APPOSITION IV.DURATION V.REPETITION VI.OPEN-ENDED, INCREMENTAL QUESTIONS VII. STIPULATIONS VIII. CREDIBILITY IX. ELEMENTS X.SIMPLICITY