15.6 - B. Application Of Courtroom Psychology To Cross-Examination

JurisdictionNew York

B. Application of Courtroom Psychology to
Cross-Examination

1. Before a lawyer starts cross-examination, he should know how he is going to begin and how he is going to conclude. The jury should be alerted to the conclusion so that it will pay appropriate attention. This may be done by an announcement, by body language such as silence or movement, or by some combination thereof. At the beginning of cross-examination, a jury will be most alert to counsel’s efforts and the witness may be the least poised—at least initially. In addition, the jury is likely to remember best what it hears last and believe that which it hears first.
2. The witness’s spatial area can be cut down by the attorney positioning himself as close to the witness as the court will permit. A close-in, step-back technique can be used during questioning—closing in to get the desired answer and stepping back once it has been obtained.
3. The attorney should place himself in the jury’s line of vision when what he is saying is more important than the answer.
4. The rate and tempo of the examiner’s own movement will affect the witness. Pacing during cross-examination may sometimes unnerve the witness. However, it can also distract and annoy the jury.
5. Arm and body movement help set the tone of questioning or argument. Crossing the arms tends to close the lawyer off from the witness. Opening the hands and arms invites communication.
6. The attorney should avoid turning his back on the witness or the jury.
7. Be aware of witness “body language”—e.g., stroking the chin, pressing the lips together, covering the mouth, pulling the earlobes, finger to the nose, grooming the hair. These are signs of anxiety, which telegraph that the lawyer is getting to the witness or that the witness is uncomfortable with the questioning or is lying.
8. Do not invade the jurors’ territorial integrity.
9. Use words that convey information that either influences the answer or influences the general
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT