15.18 - 3. Witness Who Refuses To Submit To A Pretrial Interview
Jurisdiction | New York |
3. Witness Who Refuses to Submit to a Pretrial Interview
Consideration should be given to speaking with an adverse witness pretrial. If that attempt has been properly and lawfully made but the witness has refused, cross-examination might proceed as follows:
Q: Didn’t a Mr. Brown call you last week and ask to speak to you about this case?
Q: Did he identify himself as an investigator for my office?
Q: You refused to speak to him about the case at that time...
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- 15.0 - I. The Confrontation Clause Of The Sixth Amendment
- 15.1 - II. General Purposes And Goals Of Cross-Examination
- 15.2 - III. Preparation For Cross-Examination—Rosario Material
- 15.3 - IV. Planning The Cross-Examination
- 15.4 - V. Tactics And Techniques
- 15.5 - A. General Checklist
- 15.6 - B. Application Of Courtroom Psychology To Cross-Examination
- 15.7 - C. Trilogy—Rule Of Threes
- 15.8 - VI. Specific Areas Of Cross-Examination
- 15.9 - A. Inconsistent Statements
- 15.10 - 1. Using The Inconsistent Statement
- 15.11 - A. Inconsistency By Omission
- 15.12 - B. Utilizing The “Trap”
- 15.13 - 3. Resolving The Contradiction
- 15.14 - B. Memory And Recollection
- 15.15 - C. Bias, Interest, Motive, Corruption, Hostility
- 15.16 - 1. Relative Of Defendant
- 15.17 - 2. Friend Of Defendant
- 15.18 - 3. Witness Who Refuses To Submit To A Pretrial Interview
- 15.19 - 4. Witness Whose Expenses Have Been Paid
- 15.22 - E. Cross-Examination By Evidence Of A Prior Conviction Or Prior Vicious Or Immoral Acts
- 15.23 - 1. The Law
- 15.24 - 2. The Sandoval Rule
- 15.25 - 3. Technique And Strategy
- 15.26 - VII. Cross-Examining Specific Types Of Witnesses
- 15.27 - A. Eyewitness And Identification Witnesses
- 15.28 - 1. General Tactical Considerations
- 15.30 - A. Testing The Ability Of The Witness To Perceive And Recall By Using The Individuals In The Courtroom
- 15.32 - C. Cross-Examination Of Witness Who Identified Defendant At A Lineup
- 15.33 - D. Cross-Examination Where Witness Identifies Defendant At Trial
- 15.35 - B. Accomplices
- 15.36 - C. Cross-Examination Illustrations
- 15.37 - D. Undercover Police Agent
- 15.38 - E. The Informant
- 15.39 - F. Expert Witness
- 15.40 - G. The Evasive, Talkative Or Unresponsive Witness
- 15.41 - 1. Control Through Questions
- 15.42 - 2. Control By Agreement
- 15.43 - 3. Limiting The “Expansive” Answer
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