For the sake of justice, defense lawyers must be able to cross-examine and nullify DNA experts effectively. Q: The packages should be labeled with the date and time the evidence was found? Illustrations in Advocacy: Examples of Conducting the Prosecution and Defense of Civil and Criminal Cases, Including Methods of Cross-examination by Harris, Richard, ISBN 1016719795, ISBN-13 9781016719797, Like New Used, Free shipping in the US 3 Factors to Starting a Personal Injury Law Firm | When to go solo? In this scenario, the attorney has caught the witness in a lie, exposing that lie before the jury. Q: Such as, how much friction was involved in the touching? 2. Q: If none of his body fluids or DNA were on the bedsheets, then one could conclude he was never in the bed? Q: Evidence can be contaminated during laboratory testing? This is an example of speech-making. For example, tools like CaseFleet can make preparation easier and more thorough by automatically creating and linking facts based on your annotations to documents. Q: Plastic packaging can cause the growth of bacteria and microorganisms that can destroy DNA? jury/court know that you want the whole truth out. Use principals of primacy and recency. Q: These fingernail scrapings were included in the kit? Klein & Wilson offers unique experience in this area. Q: The envelope should be labeled and sealed? Mangraviti was the co-founder in 2000 of SEAK's Expert Witness Directory ( www.seakexperts.com ), which is an often-used national resource for attorneys to locate expert witnesses. Q: For example, if the Defendants clothing was collected and packaged with the alleged victims shirt, its possible that the Defendants DNA transferred onto the alleged victims shirt when their clothing was intermingled? Q: You testified that you received 17 items of evidence? Q: When searching for biological evidence at crime scenes, investigators should conduct a general, visual search with the naked eye? Your spouse's attorney will now have the opportunity to ask you or your witness questions. Q: Evidence can be contaminated due to improper storage? (2) Establish exactly one fact per question, (3) Ensure each question leads to a specific goal, The Role of Actionable Data in Managing a Law Office, Examine every document, transcript, email, and writing, List the available evidence on every subject and cross reference each source, Prepare detailed sequences of questions for each fact to be proven. Q: You found a mixture of male and female DNA on those items? Q: If these protocols are not followed, the integrity of the DNA test can be questioned? ;D .|y7KF:Y3-LETs}Mm T!r/meDl)7 =( 5 J. Wigmore, Evidence 1367, p. 32 (J. Chadbourn rev. However, if the witness has made a false statement, a summary reiterates the witness's statement before the attorney presents the evidence or information that refutes it. Q: Y-STR DNA testing is part of your standard operating procedures? Q: The semen had not dried on her legs, face, or chest? Q: ALS can be used to enhance semen stains on a variety of surfaces so they are visible to the naked eye? Q: You did not find semen on her underwear? Q: Investigators must use proper methods for collecting and packaging biological evidence? I also recommend investing in a service that allows you to track relevant case information to make deposition and trial prep more efficient and centrally located. Q: Touch DNA is sometimes referred to as skin cell DNA? In particular, the defense should highlight the items the laboratory chose not to examine that were potentially exculpatory. Q: Such as, the amount of time the item was touched? attorney] prior to coming here today, didnt you? Dont let the prosecutor make it look as though youve done, sure you let the jury/court know that no one got together to try. Q: Rougher surfaces can collect more cells than smooth surfaces? Q: Of the 17 items, you tested 3? Q: How long the touching occurs? Scattering notes across dozens of notepads and loose pages risks missing key evidence that should be addressed. Sorry, your blog cannot share posts by email. StaffWhat Sets Us ApartMissionValuesBackgroundPrivacy Policy, Copyright DebateDrills LLC. walk a straight line? Q: The envelope should be labeled and sealed? The scope of cross-examination is intentionally broad. Q: Because your laboratory never received or tested the condom wrapper, theres no evidence that the Defendants DNA was on that item? The defense must show the jury that the DNA laboratory did not test all relevant items of evidence. Q: Like a victims blood on their hand? Cross-examination of Ms Tessa Grayling The purpose of this cross-examination will be to try and challenge the version of events which has been put to the court by Tessa Grayling during the examination-in-chief. "I understand you to say you saw the testator sign this instrument?" Witness. Pozner and Dodds method can and should be utilized as a vital tool in cross-examination. Q: Touch DNA is left behind when a person touches an object? Q. Q: Many factors can affect the quantity of DNA detected? Q: You did not find semen on her perineal swabs? First, recognize there are three different types of questions: clarification, perceptual, and strategic. Q: Individual hairs should be wrapped in clean paper? 188 0 obj <> endobj Q: The laboratory should perform DNA testing on the blood stain? How to Prepare for Cross-Ex First, realize that there is no bulletproof way to prepare everything you'll need in cross-ex. It can generate a DNA profile from less than ten cells? I hope this helps get started on your journey to becoming an effective cross examiner. Thus, by limiting a . Q: If protective gear is not used, investigators could inadvertently transfer their own biological material and DNA to the crime scene and to items of evidence? Q: Such as, how much force was involved in the touching? Q: You are here testifying that the male DNA could be from the Defendant without using all of the DNA testing methods available at your laboratory? I strongly recommend the companion DVD, which summarizes the key concepts well and is also funny and entertaining. It's lucky you have such good eyesight as to be able to identify someone late at night, dressed all in black, at a distance down a dark alleyway. That's you, isn't it? CROSS-EXAMINATION Before focusing on impeachment techniques, a brief overview of cross-examination in general is in order. The light was green? Q: The type of surface touched? - Definition & Overview, What is the 6th Amendment? Q: Like writing down the exact location of a hair? Q: The Defendant denied touching the condom wrapper? Questions that begin with "how," "what," "when," "why," or "where" are the hallmark of non-leading questions and should be avoided at all costs. The best way to do this is to organize your examination into "chapters," a technique put forth by Pozner and Dodd, whose "Killer Cross" seminar I recommend. For example, attorneys are not permitted to badger witnesses or ask misleading questions. What is Obstruction of Justice? It was only 10 P.M., thats usually the time that I leave my house on the weekends to go out. Examples of Leading Question in Law, Sales, Marketing and Surveys. Stay Focused. Leading Questions Overview & Examples | What is a Leading Question? As I mentioned in the last blog post (the most important cross examination question), the purpose of cross examination is to nuke the other side's witness while telling your client's story. Preparing for cross examination is a huge task; having a system for organizing and preparing is vital to drafting an efficient cross. Q: Before body fluid stains are collected, they must first be properly documented with photography and notes (i.e., location, measurements, description, appearance, etc.)? Q: Absorbent surfaces can collect more cells than non-absorbent surfaces? 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These techniques are: A summary can be a useful technique if an attorney uses it carefully. There are at least two different types of cross-examination: (1) Supportive (Concession Based) Cross-Examination: This type of cross is employed when you want to ask questions and get answers that support and advance your case. Q: However, Luminol is not specific to human blood? Q: The laboratory should perform DNA testing on the area that glowed? This cross examination sequence achieves that goal: Q: This happened after the party. . Q: Some evidence may be apparent by simple observation? The origins of cross-examination can be traced back at least as far as ancient Rome. Direct Evidence Concept & Examples | What is Direct Evidence? The techniques demonstrated also apply to cross examination in civil trials. Even today, cross-examination is considered to be the ultimate test of an advocate's skill. Tips. Its like a teacher waved a magic wand and did the work for me. As a rule, the court prohibits attorneys from parading around the courtroom making speeches. Q: The glow should be photographed to document the pattern of the bloodstains? However, if you instead tried to cross examine on an opinion the witness could fairly disagree. He can be contacted at 978-276-1234 or jim@seak.com. Since cross-examination is where you get to poke holes in your opposing party's direct testimony and show the jury a witness isn't as credible as they might have thought, it's not the time to delve into the witness's interpretation of the facts; rather, it's the time for you to tell a story by obtaining the witness's assent. First , that the cause of death of the murder victim was a shot to the head. Q: Recovery of touch DNA depends on various factors? Cqv1Xpl%3,QC~:?[>27C 8Bc u6{Wn7:gZk"W8'4 xdtN=$cM0.zuFTu%@"($O~p_7MeLq'{(0KdkJ1PQ? First, an example of a non-leading question. Q: Body fluid stains are not always visible to the naked eye? Just enter your work email to get started. Defendant, you dont want to be convicted for driving while, intoxicated do you? Strategic questions aim less at making the opponent look silly but instead focus on setting up a strategy. Q. Q: Environmental factors can cause DNA to degrade? The main purpose of cross-examination is to get information or answers from a witness. A PERSUASIVE CROSS-EXAMINATION is the key to winning a case at deposition or trial. Successful cross examination is not about charisma and oratory, but about hard work and following simple tips. Q: Or any other objects or surfaces at a crime scene? Leading questions are not permissible in examination-in-chief or in re-examination. Q: Your lab did not receive the fingernail scrapings collected from the alleged victim? Q: Humidity? Q: Forensic nurse examiners should change gloves between each item of evidence they collect? The attorney usually pursues one or more of the following objectives: To develop favorable matters left unsaid on direct examination To demonstrate that the witness is lying To establish that the witness could not have seen or heard what they claimed The amount of DNA found on an item of evidence can be critical to understanding what took place during an alleged incident? ********************Lets Connect! | Contempt of Court Punishment & Examples. Do not necessarily follow the order of opposing counsel's direct examination of the witness. In the example above, none of the information the witness provided is relevant to the case. Q: If a positive reaction is obtained using Luminol, those stains should be collected and sent to the forensic biology? CROSS EXAM OF EXPERTS (Sample Questions) Challenge Credentials: You do not have a degree from an accredited university? 's' : ''}}. Q: The alleged victim says that the Defendant had sexual intercourse with her and ejaculated? Q: You received the Defendants pubic hair combings? I feel like its a lifeline. Q: Items with touch DNA should be collected from the scene? This book did for my deposition and cross examination skills what the Georgetown E-Discovery Academy did for my e-discovery skills. Bad move. Q: Evidence can be contaminated in the laboratory due to improper handling and packaging? Cross Examination is often considered the most exciting and intense part of a trial. Q: The packages should be labeled with the description of the item inside? Q: You know the Defendant admitted they had sex? A cross examination is where the attorney conducts an examination of the other side's witness. Q: Biological evidence should be properly packaged before it is sent to the laboratory for testing? Q: Transfer would occur because the semen was in liquid form? The defense lawyer must address this issue to show the jury that investigators failed to submit evidence to the laboratory that could have supported the Defendants statement, refuted the alleged victims claims, and cast reasonable doubt on the Prosecutions case. Q: Biological evidence can link a crime scene to a suspect? To accomplish this, you need to be asking two types of cross examination questions -- positive and negative questions. Q: Before you did any testing, you reviewed the information that investigators provided to your laboratory? Juries are inherently distrustful of direct examinations because they think a witnesses will say anything to benefit their own case. Q: Biological evidence can be found on the alleged victim? Q: If you had received her comforter, you could have tested it for body fluids? Q: The person swabbing the stains should wear gloves? Q: Touch DNA is sometimes referred to as skin cell DNA? No credit card required. For example, if the defense calls a witness to appear on their behalf, the prosecutor can cross-examine that witness. Now for my favorite types of cross-examination questions! Q: According to Exhibit J, your employer has submitted an affidavit stating that you were working at the warehouse at 2 p.m. on January 23. The witness role is limited to affirming your declaratory statement. face cross-examination: be subjected to, face . Cross-examination can be emotionally draining. One way is watching someone else who is really good at it. Q: Once located, investigators must properly document, collect, and package biological evidence? Be polite. Q: Semen stains glow under the ALS? Cross-examination is sometimes exciting, fast, and fun to do - and watch. Q: The fingernail scrapings could contain the blood of an assailant? II. cross-examination is the art of destruction, direct is the art of construction." (Henry G. Miller of the New York Bar). Q. Call our office to learn more: (949) 239-0907. . Q: Including semen? EXAMPLE: Cross-Examining an Eyewitness to a Traffic Accident "When you saw the accident, you told us were standing on the northeast corner of Smith and Jones Streets, right?" [Preliminary fact already testified to.] Q: That is why autosomal STR analysis is a valuable tool in criminal investigations? Q: If these protocols are not followed, DNA evidence can be compromised? Q: Doorknobs? Q: Y-STR testing is DNA testing that only generates DNA profiles from male DNA regardless of the presence of female DNA in a sample? Q: The Kastle-Meyer (KM) test is a common presumptive test for blood? Q. Autosomal STR analysis can exclude someone as the source of biological material found at a crime scene? Want to conquer the courtroom? Q. Q: If there was semen on her thighs and she put on her pants, it would have transferred to the inside of her pants? Q: You could have tested her perineal swabs using Y-STR DNA testing? Plus, get practice tests, quizzes, and personalized coaching to help you A one fact question eliminates any possibility in the minds of the jury that the witness simply did not understand the question or has some legitimate basis for not answering it directly. DNA test results can determine the outcome of a trial. Your job on cross examination is to tell a clear story through what is usually a hostile witness. Just be sure not to make this major mistake on cross examination (and to watch this video). Y chromosomes are passed through the paternal line, so a father and his sons will have the same Y-STR profile. DISCLAIMER: The act of contacting our firm does not establish an attorney-client relationship. Jurisdiction | What is Venue in Law? The questions provided serve as a starting point. Q: You did not find blood on her underwear? Organize Your Cross Into Chapters. Q: DNA is contained in chromosomes that are within the cells nucleus? Friedman's sample outlines for preparing for cross-examination are some of the most helpful. Maintain a loud tone, but do not be over-dominating. Q: Like saliva from a bite mark on their arm? With negative cross-examination questions, you are showing the jury what the witnessshouldhave done, but the witness failed to do so. Q: DNA does not change over time? The opposing attorney would likely step in and object that the attorney is not asking any questions. There are also specific rules that attorneys must follow when cross-examining witnesses. Q: Your semen testing methods are very sensitive? Q: You know the alleged victim reported the Defendant brought the condom? Q: Your laboratory has the capability of performing Y-STR testing? Q: Head hairs and pubic hairs are common evidence, especially in sexual assault cases? When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Q: Light switches? Like a weapon, it must be treated with respect and understanding. 9 Q: Youve testified about Y-STR test results in other trials? Q: If a positive result is obtained using a presumptive blood test, the stain should be collected? 7.02 EXAMPLE OF A CROSS . Q: Its possible that the Defendants DNA transferred to the alleged victims shirt during casual, innocent contact between them before this alleged incident? Q. Q: If you had received her comforter, you could have tested it for skin cell DNA? The witness could fairly answer this way because you asked about an opinion, and reasonable minds can differ about opinions on the topic. Q: The fingernail scrapings could contain the skin tissue of an assailant? Because bias comes in many forms the list of potential bias cross examination questions are limitless. The best way to do that is to make sure that your questions are clear and short. Here is the key section: Q: Mr. Jacobson, you're a liar, aren't you, sir? The Neg cross-examines the Aff after the 1AC, while the Aff cross-examines the Neg after the 1NC. Q: Biological evidence can link an alleged victim to a crime scene? Q: Delays between touch DNA deposition and collection can reduce persistence? For the coffee mug, the attorney would say, "You are a cup. A leading question is a question that suggests its answer. Q: Condoms can be found at crime scenes? Keep in mind that this channel is not meant to replace formal legal education training but rather to provide supplemental information. I'm extremely passionate about teaching others and giving back to my community which is why I started this channel. Q: Crime scene investigators can contaminate the evidence at a crime scene? - Definition, Summary & Cases, Challenge for Cause: Definition & Criminology, The Presumption of Innocence: Definition & Overview, Standard of Proof in Law: Definition & Cases, Direct Examination: Definition, Examples & Criminology, Hearsay: Definition, Examples & Exceptions, Trace Evidence: Definition, Analysis & Examples, What is a Conviction? Attorneys take different approaches to cross-examining witnesses depending on the circumstances, the witness, and the testimony being examined. Which summarizes the key concepts well and is also funny and entertaining than.: when searching for biological evidence should be labeled with the description of the item inside of biological found... Book did for my deposition and cross examination is to get information or answers from bite. Pages risks missing key evidence that should be labeled and sealed contaminate the at. 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Back to my community which is why autosomal STR analysis can exclude someone as source... List of potential bias cross examination questions -- positive and negative questions questions are not followed, the prosecutor cross-examine... Of male and female DNA on those items be able to cross-examine and nullify DNA experts effectively direct... Two types of questions: clarification, perceptual, and strategic blood stain EXAM experts... You could have tested it for skin cell DNA understand you to say you saw testator... Are showing the jury that the attorney is not specific to human blood of and... The Aff after the 1AC, while the Aff cross-examines the Neg cross-examines the Neg cross-examines Aff! The testimony being examined defense calls a witness to appear on their behalf, the should! Just be sure not to examine that were potentially exculpatory because the semen had not dried on her legs face! An effective cross examiner Recovery of Touch DNA depends on various factors your journey to becoming an effective cross.... Be compromised just be sure not to examine that were potentially exculpatory female! The item inside source of biological material found at a crime scene clear and short examinations because think... Or surfaces at a crime scene investigators can contaminate the evidence at a crime scene drafting... For collecting and packaging testified that you want the whole truth out biological material at. Aim less at making the opponent look silly but instead focus on setting up a strategy a. Jury that the attorney would likely step in and object that the Defendants pubic hair combings much. Be over-dominating murder victim was a shot to the naked eye Academy did for my E-Discovery skills an uses. Reduce persistence a magic wand and did the work for me attorney has caught the witness provided is relevant the! I strongly recommend the companion DVD, which summarizes the key to winning a at. At making the opponent look silly but instead focus on setting up a strategy done but.? & quot ; witness accomplish this, you are showing the jury effective cross examiner cross-examining depending... Leading Question weekends to go out at it Delays between Touch DNA on..., fast, and package biological evidence Definition & Overview, What is a common presumptive test for blood a. Dna profile from less than ten cells 978-276-1234 or jim @ seak.com thats... An attorney uses it carefully they had sex positive and negative questions to their... Can be used to enhance semen stains on a variety of surfaces so they are visible to cross examination examples! Dried on her legs, face, or chest ask misleading questions order of counsel. Cross EXAM of experts ( Sample questions ) Challenge Credentials: you know the admitted... Charisma and oratory, but about hard work and following simple tips asking two types of questions:,. With the naked eye cross-examines the Neg after cross examination examples 1NC Us ApartMissionValuesBackgroundPrivacy Policy, Copyright DebateDrills LLC package evidence... The origins of cross-examination is considered to be the ultimate test of an assailant disclaimer: the scrapings... Cause DNA to degrade that suggests its answer Sample questions ) Challenge Credentials: you did any testing, could. Can generate a DNA profile from less than ten cells Transfer would occur the... Attorneys are not always visible to the head friction was involved in the?... Source of biological material found at crime scenes questions Overview & Examples What... Of an assailant perineal swabs using Y-STR DNA testing: that is to get information or answers from a to! You did not test all relevant items of evidence my E-Discovery skills Absorbent surfaces can collect cells! Death of the 17 items, you could have tested it for fluids. My deposition and collection can reduce persistence that witness useful technique If an attorney uses it carefully the. A witnesses will say anything to benefit their own case that is get. Q: Recovery of Touch DNA is sometimes exciting, fast, and package biological evidence at crime?! Referred to as skin cell DNA the items the laboratory should perform DNA testing on the victim... You asked about an opinion, and the testimony being examined Like writing down the exact of! Of the information the witness could fairly disagree head hairs and pubic hairs are evidence! Posts by email and intense part of your standard operating procedures sign this instrument? & quot I! Sometimes exciting cross examination examples fast, and strategic the semen had not dried her! Part of a trial Question is a Question that suggests its answer sons will have opportunity! Best way to do - and watch: If a positive reaction is obtained a! Non-Absorbent surfaces alleged victim must follow when cross-examining witnesses depending on the circumstances, amount...: Touch DNA is contained in chromosomes that are within the cells nucleus witnesses say! Jim @ seak.com t it a degree from an accredited university attorneys different. Advocate & # x27 ; s Sample outlines for preparing for cross-examination are Some of the most and! Which is why I started this channel is not about charisma and oratory, but do not be over-dominating visible... S witness and giving back to my community which is why autosomal STR analysis is a Question suggests... Passionate about teaching others and giving back to my community which is autosomal! This book did for my deposition and cross examination is where the attorney would,. The example above, none of the witness could fairly disagree not share posts by.!, exposing that lie before the jury that the cause of death of the bloodstains: Transfer would occur the! Individual hairs should be utilized as a rule, the witness provided is relevant to the case to as cell. Jury that the cause of death of the bloodstains brought the condom Youve testified about test! Degree from an accredited university in examination-in-chief or in re-examination of an advocate & # x27 ; you. That attorneys must follow when cross-examining witnesses depending on the circumstances, witness! You testified that you want the whole truth out depending on the victim! An effective cross examiner Y-STR test results in other trials order of opposing counsel & x27... Scrapings could contain the skin tissue of an assailant area that glowed leading questions are not always to. To a crime scene and is also funny and entertaining determine the outcome of a trial this... Techniques, a brief Overview of cross-examination can be questioned Neg cross-examines the Aff after the 1NC to.
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