The Art of Cross-examination


Book Description




Children and Cross-Examination


Book Description

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.




Examining Witnesses


Book Description

This book covers virtually every type of witness and witness situation that a lawyer is likely to encounter.




WITNESS PREPARATION


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Examination of Witnesses in Criminal Cases


Book Description

Chapter 1. The Roles of Defence and Crown Counsel -- Chapter 2. Crown Disclosure Obligations -- Chapter 3. The Age of Information and Defence Implications -- Chapter 4. Client and Other Witness Interviews -- Chapter 5. Presenting Evidence-In-Chief -- Chapter 6. The Defence of Alibi -- Chapter 7. The Objectives of Cross-Examination -- Chapter 8. Preparation for Cross-Examination -- Chapter 9. Courtroom Manner: Connecting With the Jury -- Chapter 10. Observation and Recollection -- Chapter 11. Techniques of Cross-Examination -- Chapter 12. Prior Inconsistent Statements -- Chapter 13. Further Limitations and Obligations in Examining Witnesses -- Chapter 14. The Expert Witness -- Chapter 15. Cross-Examination of the Jailhouse Informant, Accomplice and Other Unsavory Witnesses -- Chapter 16. Cross-Examination of Police Officers -- Chapter 17. The Identification Witness -- Chapter 18. Cross-Examination of Child Witnesses -- Chapter 19. Re-Examination -- Chapter 20. Reply, Surreply and Collateral Questions -- Chapter 21. Reopening The Case -- Chapter 22. The Preliminary Inquiry -- Chapter 23. Demonstrative Evidence and Jury Deliberation Aids -- Chapter 24. Criminal Records -- Chapter 25. Character Witnesses -- Chapter 26. Privileges -- Chapter 27. Competency and Compellability of Witnesses -- Chapter 28. Hearsay Evidence and Its Exceptions -- Chapter 29. Opinion Evidence By Non-Experts -- Chapter 30. The Right to Silence and Self-Incrimination -- Chapter 31. Similar Fact Evidence -- Chapter 32. The Contested Bail Hearing -- Chapter 33. Judicial Interference -- Index.




Trial Advocacy in a Nutshell


Book Description

"Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill." -- Publisher.




Maccarthy on Cross-examination


Book Description

Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.




Examining Witnesses


Book Description




The Trial Process


Book Description

This book introduces students to the essential skills and bodies of knowledge required for competent representation of clients, including highly practical issues such as courtroom etiquette, the psychology of jury trials, ethical considerations, and trial tactics within a legal and procedural framework. Sample transcripts appear throughout the book to directly illustrate how to conduct various stages of a trial, such as voir dire, opening and closing statements, and direct and cross-examination. The accompanying documentary supplement for this book, Trial Practice Problems and Case Files, may also be used with any trial advocacy textbook that emphasizes skills and tactics. Part One of Trial Practice Problems and Case Files contains a basic series of problems derived from the case files contained in Part Two. Part Two has complete, self-contained case files for four criminal cases and three civil cases. When used for full trials, each case is designed to be evenly balanced so that both sides have realistic chances for favorable verdicts. The case files also provide an excellent basis for developing individual problems and exercises. A Teacher's Manual is available to professors.




Cross Examination in International Arbitration


Book Description

A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format.