We are examining THE FOUR Cs of CROSS-EXAMINATION as follows:
1st – CONTENT – how to select the content of your cross
2nd – CONSTRUCTIONS – how to construct the cross – form of the questions. Transitions. Sequencing.
3rd – CHARACTER – how to behave during cross so project fairness to the jury
4th – CONTROL – how to control the witness – particularly the evasive and runaway ones
This post continues the discussion of the CONTENT of cross, and this one is dedicated to an impeachment cross-examination. Prior posts (How to Construct a Great Cross-Examination, Cross-Examining Experts: Making Their Expert Yours, and Catching the Truth on Cross-Examination) explain that the primary purpose should be to gather concessions from the witness that bolster your case theory or undermine your opponent’s.
When you brainstorm for the content of your cross, use this CHECKLIST to identify different ways to impeach the witness. For all witnesses—lay and expert witnesses, these are the areas of impeachment:
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