Cross-Examination

JOHN W. VAUDREUIL
FORMER UNITED STATES ATTORNEY

UNITED STATES DEPARTMENT OF JUSTICE

 The Comparison
2

Questioning Prosecution Witnesses

Prepare the witness

Help the witness tell the story clearly and concisely

Use short, open-ended questions and let the

witness do the talking

Use exhibits to bring the testimony to life

 The Comparison
3

Questioning the Defendant and Defense

Witnesses
No witness preparation

Obtain concessions and discredit the testimony

with attack questions

Control the witness with leading questions and

questioning style

Confront with key exhibits

 Five Attack Categories
4

Perception and capacity defects

Untruthful character

Bias , partiality, corrupt inducement

 Five Attack Categories
5

Prior inconsistent statements

Contrary facts
 Blunting the Sword of Cross Examination
6

Know your witnessesno surprises!

Question about attack areas during direct exam

Not hiding facts from the Judge
Blunt the defense attacks before cross examination
Easy questions to our prepared witness

Toss the Easy Cricket Pitch to Our Witness

 Cross-Examination Goals
7

Obtain concessions and elicit testimony favorable to

prosecution

Discredit the witnesss testimony with evidence from attack

categories

CONTROL the witness

 Eight Techniques to Achieve Goals
8

1. Understand defendants view of the casewhat must

the defendant and defense witnesses concede?

2. Use short, single-fact leading questions to control the

witness: never why? or how?

3. No retelling of the story told during exam-in-chief.

4. Develop facts, not conclusionsform the bricks for

closing argument
 Techniques to Achieve Goals
9

5. Use witness control devicesrepeat the question,

ignore the answer, hand gestures, turn from the
witness.

6. Be aware of your demeanorstart firm but fair

and objective, then react to the witness.

7. Do not argue with the witness.

8. Be yourself.
Cross-Examination Preparation Work Sheet
10

Witness name:

Closing argument (what do I want to say about

this witness in closing argument?):

Concession facts:

Attack categories:

Single-fact, leading questions for each category:

 Cross Organization System
11

Concessions:
The Search

I want to talk to you about the search on 26 July,

2015.
police knocked
jumped from the window and ran
the bait bill
cap
sunglasses
 Cross Organization System
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eviction notice
rent receipt
car registration

With each fact, use a short leading question:

This cap was in your house, correct?
These glasses were in your house, correct?
 Cross Organization System
13

Dishonesty:
Prior Conviction

Id like to talk to you about your prior conviction.

Convicted of crime in 2006

In Islamabad
Theft of motorbike
5 years prison
 Cross Organization System
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Prior Statements

Id like to talk you about your testimony and prior

statements.

1. Testimony at trialAt the Bakery on 15 July 2015

Turn back to 26 July 2015
arrested for bank robbery
told police you were working at Best Phones
 Cross Organization System
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Prior Statements

2. Testimony todayAkhtar did the robbery and planted evidence

Turn back to 26 July 2015
Arrested
Asked Police Who told on me?
Police say Hameed Akhtar
You first say Dont know him!
You next say Should not have trusted him!