U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Cross-Examining Witnesses - The Dos and Don'ts

NCJ Number
104366
Journal
Trial Volume: 23 Issue: 2 Dated: (February 1987) Pages: 75-79
Author(s)
M A Dombroff
Date Published
1987
Length
5 pages
Annotation
This article presents some 'dos' and 'don'ts' for cross-examining witnesses.
Abstract
Do use simple language, keep the objective of the questioning hidden from the witness, ask specific questions, get information a little at a time, ask leading questions, cover important points, and examine improbabilities. Other 'dos' are to place a time frame on incidents reported in the testimony, elicit witnesses' admissions they do not remember certain things, and pose a crucial question just as the witness is leaving the stand after being excused. The cross-examination should conclude with questions that will require the witness to admit facts favorable to the cross-examiner's case. Some 'don'ts' of cross-examination are not to ask if the answer is not already known by the cross-examiner, not to repeat direct examination, not to be diverted from the objective of the cross-examination, and not to let the opposing attorney interrupt the cross-examination. Other 'don'ts' are not to insist on yes or no answers; not to create the opportunity for ruinous redirect examination; not to argue; not to object to the judge's questions; not to say, 'Remember you are under oath;' and not to be baited by the opposing attorney.

Downloads

No download available

Availability