Thursday, May 5, 2011

CROSS-EXAMINATION – KNOW THE ANSWER

Humor Makes the Point

Humor can be the adhesive to make the point stick. And, the point is that the cross-examiner should know the answer before asking the question or not care what the answer is. Otherwise, as the saying goes, the cross may be “more suicidal than homicidal in nature.” The following transcript of a defense attorney cross-examining a police officer in a felony trial humorously makes the idea stick like glue:

Q: Officer, did you see my client fleeing the scene?
A: No sir, but I subsequently observed a person matching the description of the offender running several blocks away.

Q: Officer, who provided the description?
A: The officer who responded to the scene.

Q: A fellow officer provided the description of this so-called offender. Do you trust your fellow officers?
A: Yes sir, with my life.

Q: WITH YOUR LIFE? Let me ask you this officer – do you have a locker room in the police station – a room where you change your clothes in preparation for your daily duties?
A: Yes sir, I do.

Q: And do you have a locker in that room?
A: Yes sir, I do.

Q: And do you have a lock on your locker?
A: Yes sir.

Q: Now why is it, officer. IF YOU TRUST YOUR FELLOW OFFICERS WITH YOUR LIFE, that you find it necessary to lock your locker in a room you share with those officers?
A: You see sir, we share the building with a court complex, and sometimes defense attorneys have been known to walk through that room.

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