15.6 - B. Application Of Courtroom Psychology To Cross-Examination
Jurisdiction | New 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
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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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