The Art of Cross-Examination (Paperback) | Released: 27 Mar 2014

The Art of Cross-Examination - Witness Interrogation Techniques - By Francis L. Wellman - Legal Education Cross-examination is considered an essential component of a jury trial because of the impact it has on the opinions of the judge and jury. Few lawyers practice trial law or complex litigation and typically refer such cases to those who have the time, resources and experience to handle a complex trial and the commitment involved to complete a trial successfully. Few attorneys get the practice necessary to develop the techniques needed to do an effective job cross-examining a witness. It is sometimes referred to as an art form, because of the need for an attorney to know precisely how to elicit the testimony from the opposing witness that will help, not hinder, their client's case. Typically a cross-examiner must not only be effective at getting the witness to reveal the truth, but in most cases to reveal confusion as to the facts such as time, dates, people, places, wording etc. More often than not a cross-examiner will also attempt to undermine the credibility of a witness if he or she will not be perceived to be a bully (such as discrediting a very elderly person or young child). The cross-examiner often needs to discredit a potentially biased or damaging witness in the eyes of the jury without appearing to be doing so in an unfair way. Typically the cross-examiner must appear friendly, talk softly and sincerely to relax the guarded witness. Or on other occasions they may start by being more confrontational, unsettling an already disturbed witness. They typically begin repeating similar basic questions in a variety of different ways to get different responses, which will then be used against the witness as misstatements of fact later when the attorney wants to make their point. If it is too obvious the questions are too clearly repetitive and making the witness nervous, the other attorney may accuse the cross examiner of badgering the witness. There is a fine line between badgering and getting the witness to restate facts differently that is typically pursued. In offering this book to the legal profession I do not intend to arrogate to myself any superior knowledge upon the subject, excepting in so far as it may have been gleaned from actual experience. Nor have I attempted to treat the subject in any scientific, elaborate, or exhaustive way; but merely to make some suggestions upon the art of cross-examination, which have been gathered as a result of twenty-five years' court practice, during which time I have examined and cross-examined about fifteen thousand witnesses, drawn from all classes of the community. If what is here written affords anything of instruction to the younger members of my profession, or of interest or entertainment to the public, it will amply justify the time taken from my summer vacation to put in readable form some points from my experience upon this most difficult subject.