Direct Examinations DO NOW: VOCABULARY ON LINE ON MY WEBSITE.

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Presentation transcript:

Direct Examinations DO NOW: VOCABULARY ON LINE ON MY WEBSITE

Direct Examinations the first questioning of a witness during a trial or deposition (testimony out of court) the first questioning of a witness during a trial or deposition (testimony out of court) Let the witness tell the story Let the witness tell the story Elicit exciting & vivid testimony Elicit exciting & vivid testimony Present your witness as credible Present your witness as credible

Direct Exam Tips - Tips Let the witness be the star. Let the witness be the star. Use clear open ended questions Use clear open ended questions Who, What, where, when, why, how…… Who, What, where, when, why, how…… Describe to the jury…. Describe to the jury…. Explain to the court….. Explain to the court….. Tell us what happened….. Tell us what happened….. Allow the witness to provide details Allow the witness to provide details Reinforce theme from opening statements Reinforce theme from opening statements

Sample Direct Examination Questions (3) Aggravating & Mitigating Factors Aggravating & Mitigating Factors Plaintiff Plaintiff How did you know if the defendant planned to carry out the crime? How did you know if the defendant planned to carry out the crime? Defense Defense What type of punishment did you receive? What type of punishment did you receive? Do you regret your actions? Why? Do you regret your actions? Why? Is there anything else you want to say Is there anything else you want to say

Sample Direct Examination Questions Background Background Please state your name for the record? Please state your name for the record? What do you do for a living? What do you do for a living? Where do you go to school? Where do you go to school? What extracurricular activities do you participate in? What extracurricular activities do you participate in?

Sample Direct Examination Questions (2) The Offense The Offense Recount the event that happened on______? Recount the event that happened on______? Why were you there? Why were you there? What did these tell you? What did these tell you? What were your feelings? What were your feelings? What happened next? What happened next?

Next Phase -- The opposite of Direct Examination is….. The opposite of Direct Examination is….. CROSS EXAMINATION CROSS EXAMINATION

Cross Examinations Opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. Opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. The questions on cross-examination are limited to the subjects covered in the direct examination of the witness The questions on cross-examination are limited to the subjects covered in the direct examination of the witness The attorney may ask leading questions, in which he/she is allowed to suggest answers or put words in the witness's mouth. The attorney may ask leading questions, in which he/she is allowed to suggest answers or put words in the witness's mouth.

Cross Examinations - Keys You control questions. You control questions. This is the opponents witness. This is the opponents witness. “Lead” the witness. “Lead” the witness. Short answers, Short answers, yes, no, 12:00 pm, a gun, etc. yes, no, 12:00 pm, a gun, etc. Know the answers before asking the question. Know the answers before asking the question. Develop Strategy Develop Strategy Help your side. Help your side.

Cross Examination Discredit their witness. Discredit their witness. Get the jury to be on your side. Get the jury to be on your side. The witness damages themselves. The witness damages themselves. Stick to theme. Stick to theme. Finish with ---> “No Further Questions.” Finish with ---> “No Further Questions.”

Cross Examination Tips Start & End crisply Start & End crisply The lawyer is the STAR ! The lawyer is the STAR ! Know the probable answer before you ask the question. Know the probable answer before you ask the question. Listen to the witnesses answers. Listen to the witnesses answers. Don’t argue with the witness. Don’t argue with the witness. Don’t ask the witness to explain. Don’t ask the witness to explain. Keep control of the witness. Keep control of the witness. Don’t ask too many questions – Don’t ask too many questions – Make your point, STOP ! & sit down. Make your point, STOP ! & sit down.

Redirect & Re-cross Examination Opportunity to ask more questions Opportunity to ask more questions New info may have been disclosed during testimony. New info may have been disclosed during testimony. Listen for key openings left by witness. Listen for key openings left by witness. Help reinforce your point. Help reinforce your point. May be brief. May be brief. Leaves last point in jury’s mind. Leaves last point in jury’s mind.

Objections link link a lawyer's protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked. a lawyer's protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked.