1. Criminal Trial Components
Direct & Cross Examination

2. LEGALEASE(aka TERMS) 1. Prosecution Atty 2. Defense Atty 3. Judge
4. Bailiff
5. Jury
6. Beyond a Reasonable Doubt
7. Burden of Proof
8. Defendant
9. Opening St.

3. 10. Direct Examination
11. Cross Examination
12. Closing Arguments
13. Overruled
14. Sustained
15. Leading

4. Direct Examination Questions
Purpose
To present the evidence necessary to warrant a favorable verdict.
All the elements of a law or criminal charge must be brought into evidence by witness testimony or documents.

5. Direct Examination Questions
Purpose Continued……..
To present the facts with clarity and understanding
To convince the jury of the soundness of your client’s case.

6. Direct Examination Questions
To present your witnesses to the greatest advantage; to establish their credibility.

7. General suggestions Ask “open-ended” questions.
Questions that begin with who, what, when, where, or how

8. asking the witness to “explain” or “describe.”
Avoid complex or long-winded questions
Questions should be clear and simple.

9. Be a “friendly guide” for the witnesses as they tell their stories
Be a “friendly guide” for the witnesses as they tell their stories. Let the witnesses be the stars.

10. Cross-Examination of Witnesses
Purpose
To secure admissions from opposing witnesses that will tend to prove your case.
To negate your opponent’s case by discrediting his/her witnesses.

11. CROSS EXAMINATION Scope
Witnesses may be cross-examined regarding their direct testimony. Cross-examination is used to…
to explain, modify, or discredit what a witness has previously stated.

12. 3. Approach
Use narrow, leading questions that suggest an answer to the witness. Ask questions that
require “yes” or “no” answers.
Expose lack of sincerity or the existence of bias.

13. Never ask “Why?” It gives a well-prepared witness a chance to explain.
Generally, don’t ask questions unless you know what kind of answer you are going to obtain.
Fishing trips may be expensive.
Establish just a few basic points
Don’t repeat the direct examination

14. Don’t argue with witness (hard to do)