Cross-Examination: Science and Techniques
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- Use opponents’ objections as the springboard for deeper and broader cross-examinations.
- Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility
- Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits.
- Use “double loops” to discredit opposing expert witnesses.
- Use voir dire to create great jurors
- Use a fact-driven investigation to develop a winning theory
- Use a witness’s own words to follow your theme and theory
- Control the runaway witness
- Communicate winning theories in opening, cross, and closing
- Use loops to box in the witness
- Use tactical sequencing to create the most powerful cross
- Convert a witness’s silence into admission of fact
- Induce the witness to voice your pre-selected words
- Prepare for devastating impeachment
- Close off any escape routes for the witness
- Punish the evasive or “I don’t know” witness
- Control the crying witness
- Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession
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Table of contents
CHAPTER 1 PHILOSOPHY AND OVERVIEW OF THE SCIENCE OF CROSS
CHAPTER 2 THE CHAPTER METHOD OF CROSS
CHAPTER 3 DEVELOPING, PROMOTING, AND EMPLOYING OUR THEORY OF THE CASE
CHAPTER 4 CROSS-FOCUSED DISCOVERY AND INVESTIGATION
CHAPTER 5 CONSTRUCTIVE CROSS
CHAPTER 6 CROSS PREPARATION SYSTEMS: SOURCING THE FACTS
CHAPTER 7 CROSS-PREPARATION SYSTEM 1: DRAFTING TOPIC CHAPTERS
CHAPTER 8 CROSS-PREPARATION SYSTEM 2: SEQUENCE OF EVENTS CHARTS
CHAPTER 9 CROSS-PREPARATION SYSTEM 3: WITNESS STATEMENT COMPARISON CHARTS
CHAPTER 10 THE ONLY THREE RULES OF CROSS
CHAPTER 11 PAGE PREPARATION OF CROSS
CHAPTER 12 SEQUENCES OF CROSS
CHAPTER 13 DESTROYING SAFE HAVENS
CHAPTER 14 CROSS WITHOUT DISCOVERY
CHAPTER 15 CONTROLLING THE RUNAWAY WITNESS
CHAPTER 16 DEALING WITH THE "I DON'T KNOW" OR "I DON'T REMEMBER" WITNESS
CHAPTER 17 CREATION AND USES OF SILENCE
CHAPTER 18 VALUE-BASED CROSS
CHAPTER 19 IMPEACHMENT BY INCONSISTENT STATEMENT
CHAPTER 20 IMPEACHMENT BY OMISSION
CHAPTER 21 SPECIALIZED IMPEACHMENT TECHNIQUES
CHAPTER 22 REDIRECT AND RECROSS EXAMINATION
CHAPTER 23 DIMINISHING OR BUILDING THE POINT
CHAPTER 24 JUXTAPOSITION
CHAPTER 25 TRILOGIES
CHAPTER 26 LOOPS, DOUBLE LOOPS, AND SPONTANEOUS LOOPS
CHAPTER 27 VOICE, MOVEMENT, BODY LANGUAGE, AND TIMING
CHAPTER 28 COPING WITH OBJECTIONS
CHAPTER 29 RECOGNIZING AND CONTROLLING BAIT
[The following eight chapters are bonus chapters in the eBook version of Cross-Examination: Science and Techniques only]
eBOOK CHAPTER 30 EMPLOYING PRIMACY AND RECENCY
eBOOK CHAPTER 31 THE RELATIONSHIP OF OPENING STATEMENT TO CROSS
eBOOK CHAPTER 32 THE CRYING WITNESS
eBOOK CHAPTER 33 PRETRIAL APPLICATION—USE AT DEPOSITIONS AND PRETRIAL HEARINGS
eBOOK CHAPTER 34 HOW TO MASTER THE TECHNIQUES WITHOUT TRIAL EXPERIENCE
eBOOK CHAPTER 35 ANALYSIS OF TRIAL TECHNIQUES IN CROSS
eBOOK CHAPTER 36 PREPARING A WITNESS FOR CROSS
eBOOK CHAPTER 37 THE RELATIONSHIP OF CLOSING ARGUMENT TO CROSS