Verbal Comm Chapter 3-6

Direct Examination

Conducted by attorney who calls the witness to the stand

Cross Examination

Conducted by attorney for the party that has not called the witness.

Basic purpose of Cross Examination

To raise doubts about the accuracy of your testimony.

What kind of questions should be asked on cross examination?

Never ask a question that you don’t already know the answer to.

What can they ask?

• Questions pertaining to information raised in direct examination

• Any question that might lead to your bias, memory, or perception

What will you be challenged on if you give an opinion on the stand?

• Your expertise

• You did not have all the facts when forming your opinion

• The facts you did have were wrong or misleading

Impeachment

The process of discrediting a witness

Three ways to discredit a witness

• Shows bias or predjudice

• Poor memory

• Poor perception

Prejudice

The holding of an opinion not based on proof or competent evidence.

Poor memory

Used when bias or prejudice cannot be established

Lack of Perception

Some studies indicate that eyewitness identifications are accurate only slightly more than half of the time.

Prior inconsistent statements

Statements made previously that are inconsistent with the ones provided during the trial.

Two primary methods of establishing prior inconsistent statements

Provide other witness that testifies to an earlier made inconsistent statement

Have witness admit prior inconsistency in testimony

Contrary View

Officer action differs from some expert opinion

Attack on Character

Least commonly used tactic

What exactly does counsel want to know when “fishing”?

Surmise with certainty before responding

Sometimes doesn’t know for what he or she is fishing—just hoping you’ll help.

When should you stop if an objection is raised?

Immediately

What level of education should you assume the jurors have?

High school or less

Should you define technical terms?

Yes either with examples or by making analogies

Should you answer an “isn’t it possible” question?

No, it calls for you to speculate or guess.

What is your job as an investigator?

To report facts

What are several common “buzzwords?”

1. Reckless

2. Negligent

3. Intent

4. Mistake

5. Duress

6. Accident

Expert witness

Anyone who, as a result of education, training, or experience, possesses information that would be helpful to the judge or jury in understanding the matter at hand.

Should you testify to information that you are not qualified to testify to?

No, unless you have given the supporting evidence personally or heard it introduced by a previous witness.

Deposition

A process by which a witness is required to answer questions under oath.

Two reasons for a deposition

• To preserve evidence

• For discovery purposes

What is the protocol for a deposition?

You will testify and respond to questions asked.

How is a deposition utilized in a trial?

Refresh the memory of a witness

To impeach a witness for prior inconsistent statements

Who should you ask for critiques?

• Fellow officers

• Fellow workers

• Prosecutor

• Attorney

• Paralegals

• Jurors

• Judge

What should you ask?

• Annoying habits

• Delivery

• Attire

• Understandable

• Use of examples

• Confidence level

• Respectful or not

• Attitude

• Suggestions