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Category: Cross Examination

SOME THOUGHTS ABOUT CROSS EXAMINATION

SOME THOUGHTS ABOUT CROSS EXAMINATION

London barrister Peter Brown wrote a book some years ago entitled “The Art of Questioning.”  In one chapter he wrote: Last summer, a motorcyclist was arrested in Oxford, England, for speeding. The lady prosecutor bore in on the defendant with a curved question:  “Mr. Setright, your motorcycle is capable, is it not, of exceeding the 70 mph speed limit? He answered: Certainly it can exceed that limit. But, the possibilities implicit in that physical ability are it relevant to these proceedings. We…

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EXAMPLES FROM TRIALS INVOLVING APARTHEID

EXAMPLES FROM TRIALS INVOLVING APARTHEID

I have been reading a book written by Martin Meredith Nelsen Mandela. One of the chapters deals with the arrest of dozens of South Africans who were resisting apartheid. Charges of conspiracy against the government had been filed against 156 defendants. Vernon Berrange was one of the defense lawyers. His opening address is a good illustration of the need for us to elevate our case above just the interests of our client and demonstrate how it impacts a far more important…

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THOUGHTS ABOUT CROSS EXAMINATION OF EXPERTS

THOUGHTS ABOUT CROSS EXAMINATION OF EXPERTS

Often we find ourselves most apprehensive about one kind of cross examination – that of experts. Usually it’s because we have learned from experience that this class of witness rarely is there as an objective scientist or qualified expert. Rather, they see their role as co-counsel to the lawyer who hired them. An advocate for the side that paid paid them to become an expert. When you combine that attitude with experience in being cross examined, certain tactics are often developed by…

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