This document summarizes the key steps in effectively examining witnesses in chief during a trial. It discusses preparing witnesses, focusing the witness' answers on the judge, using open-ended questions, highlighting important answers, and ending with a concluding statement. It also provides tips for cross-examining witnesses, including using leading questions to guide the witness to a specific point and maintaining control of the questioning. Overall, the document outlines best practices for examining witnesses to clearly present a case to the presiding judge.
The publicity generated by the Making a Murderer series has generated a renewed condemnation for interrogation techniques that are unethical, use bullying tactics and tend to elicit false confessions. Today’s investigators must be aware of the dangers of using aggressive interrogation tactics that intimidate witnesses and compromise the quality of the information they glean from interview subjects.
This document provides an overview of rhetoric, logic, and argumentation. It discusses key concepts like the rhetorical triangle of ethos, pathos, and logos. It also examines rhetorical devices, cognitive biases, deductive and inductive arguments, logical fallacies, and the differences between valid, sound, and fallacious reasoning.
This document contains a list of common phrases used in courtrooms and legal settings that a legal interpreter should be familiar with. It is divided into sections for commands, requests for information that require a yes or no answer, general requests for information, requests for permission, and common statements made in court. The list contains over 150 phrases commonly heard in legal proceedings with the goal of helping interpreters translate these phrases accurately and without hesitation in both oral and written interpretation.
Behind the wall keynote a. nelson [2.18.25]aknelson
The workshop agenda covers topics related to interpreting safely and effectively in corrections settings. It includes discussing how to approach the work while aligning with institutional goals, identifying and preventing inmate manipulation, setting strong boundaries, and tips for physical and emotional safety. Participants will practice scenarios and hear from a guest speaker on ADA compliance. The goals are to provide proactive tips for working with corrections staff, skills for identifying manipulation, maintaining strong boundaries with inmates, and applicable safety strategies.
This document discusses the importance of storytelling in the courtroom. It begins with a personal story of the author's experience with fear and vulnerability during a closing argument. It then discusses how storytelling is a powerful persuasive tool that taps into human nature. Effective trial advocacy requires presenting a compelling narrative framework for the jury to interpret the evidence. Without a story, the jury may judge the client only on the bare facts of the alleged crime. Storytelling helps the jury empathize with the client and leaves them understanding why the client acted as they did. It elevates the credibility of the attorney. To be effective trial lawyers, we must embrace storytelling techniques.
The document provides an overview of the judicial process, including definitions of key terms like plaintiff, prosecution, defense, and burden of proof. It also outlines rules of evidence, courtroom decorum, stipulations, how to call and question witnesses, enter evidence, and make opening statements, direct examinations, cross examinations, and closing arguments. The document gives guidance on properly qualifying expert witnesses, impeaching witnesses, and responding to potential objections.
The publicity generated by the Making a Murderer series has generated a renewed condemnation for interrogation techniques that are unethical, use bullying tactics and tend to elicit false confessions. Today’s investigators must be aware of the dangers of using aggressive interrogation tactics that intimidate witnesses and compromise the quality of the information they glean from interview subjects.
This document provides an overview of rhetoric, logic, and argumentation. It discusses key concepts like the rhetorical triangle of ethos, pathos, and logos. It also examines rhetorical devices, cognitive biases, deductive and inductive arguments, logical fallacies, and the differences between valid, sound, and fallacious reasoning.
This document contains a list of common phrases used in courtrooms and legal settings that a legal interpreter should be familiar with. It is divided into sections for commands, requests for information that require a yes or no answer, general requests for information, requests for permission, and common statements made in court. The list contains over 150 phrases commonly heard in legal proceedings with the goal of helping interpreters translate these phrases accurately and without hesitation in both oral and written interpretation.
Behind the wall keynote a. nelson [2.18.25]aknelson
The workshop agenda covers topics related to interpreting safely and effectively in corrections settings. It includes discussing how to approach the work while aligning with institutional goals, identifying and preventing inmate manipulation, setting strong boundaries, and tips for physical and emotional safety. Participants will practice scenarios and hear from a guest speaker on ADA compliance. The goals are to provide proactive tips for working with corrections staff, skills for identifying manipulation, maintaining strong boundaries with inmates, and applicable safety strategies.
This document discusses the importance of storytelling in the courtroom. It begins with a personal story of the author's experience with fear and vulnerability during a closing argument. It then discusses how storytelling is a powerful persuasive tool that taps into human nature. Effective trial advocacy requires presenting a compelling narrative framework for the jury to interpret the evidence. Without a story, the jury may judge the client only on the bare facts of the alleged crime. Storytelling helps the jury empathize with the client and leaves them understanding why the client acted as they did. It elevates the credibility of the attorney. To be effective trial lawyers, we must embrace storytelling techniques.
The document provides an overview of the judicial process, including definitions of key terms like plaintiff, prosecution, defense, and burden of proof. It also outlines rules of evidence, courtroom decorum, stipulations, how to call and question witnesses, enter evidence, and make opening statements, direct examinations, cross examinations, and closing arguments. The document gives guidance on properly qualifying expert witnesses, impeaching witnesses, and responding to potential objections.
The document discusses the psychological effects of injuries in sports. It notes that injuries can negatively impact athletes mentally as well as physically. Small injuries may lower performance while large injuries could force an athlete to stop playing. Chronic injuries that reoccur can influence performance for long periods of time. Dealing with the mental toll is a big part of recovery. Knowing typical psychological responses to injury and applying positive traits can lead to healthier and faster recovery. The author has personally dealt with consistent injuries while playing sports since childhood.
This document discusses various forms of deductive and inductive logic that are important in legal reasoning, including deductive forms like modus ponens, modus tollens, disjunctive syllogism, and hypothetical syllogism. It also discusses informal arguments like analogy, induction, abduction, and conductive reasoning. Finally, it covers common logical fallacies seen in legal arguments such as appeal to authority, appeal to pity, hasty generalization, and begging the question. The document is intended as an overview of logical concepts for lawyers.
Essay On Minor Characters In Romeo And JulietHeather White
The document discusses the process for requesting an assignment writing service from HelpWriting.net. It outlines 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if pleased. 5) Request revisions to ensure satisfaction, with a refund option for plagiarized work. The service aims to provide original, high-quality content meeting customers' needs.
The document discusses the steps to request writing help from HelpWriting.net, including creating an account, completing an order form with instructions and deadline, and reviewing writer bids before authorizing payment after receiving the completed paper. Writers on the platform utilize a bidding system and customers can request revisions to ensure satisfaction, with refunds offered for plagiarized content. The process aims to fully meet customer needs for original, high-quality assignments.
This document defines sexual harassment and outlines steps for preventing and addressing it. Sexual harassment includes unwelcome sexual conduct that affects employment. It may involve demands for sexual favors, jokes, gestures or physical contact. If the harassment creates a hostile work environment or is a factor in an employment decision, it is illegal. The document advises complaining internally per company policy and cooperating with any investigation. Employers should take prompt action, which could include discipline up to discharge, depending on the severity of the conduct. Prevention involves having a clear policy, open communication and treating all people with respect.
Everybody lies sometimes. This is true. Research has shown that 60 per cent of people lie at least once in a 10-minute conversation with a stranger. But many lies are benign, constructed to preserve someone’s feelings, save face or avoid damaging a relationship. These lies are usually harmless, expected and appreciated.
Dishonesty in the workplace, however, can be dangerous. From the lies told in employment interviews to tales spun in the boardroom, workplace dishonesty can affect a company’s security, morale and bottom line. HR professionals and investigators should be skilled and trained to detect lies.
Join Timothy Dimoff, security expert and president of SACS Consulting, as he discusses workplace dishonesty and what to do about it.
This document discusses assessing credibility and demeanor in witnesses. It considers what demeanor is comprised of and how much reliance should be placed on it. It notes some common myths around credibility assessment. It discusses different aspects of demeanor like body language, facial expressions, tone of voice, and speech content. It also addresses reliability in witness accounts and people's beliefs about verbal and non-verbal cues to deception.
The document provides tips for effective direct examination of witnesses. It emphasizes making the witness look good by focusing attention on them and having them tell a clear, compelling story. The attorney should subtly control the testimony through non-leading questions and establish emotional consistency. Organization should follow a logical chronological or topical order. Pace and visual aids can enhance understanding. Foundation helps establish the witness's credibility.
The document discusses three hypothetical legal cases that are presented to the reader, acting as a jury, to decide whether to rule in favor of or against each claimant. The first case involves a burglar suing the local council after breaking his arm while fleeing from a house he was trying to break into. The second case involves a farmer shooting and killing a boy who broke into his farmhouse. The third case involves a man suing a realtor after severely injuring his thumb in a bathroom at a new apartment building. Each case is presented along with arguments from the claimant's lawyer. The document also provides vocabulary related to the legal system and asks discussion questions.
We are all consumers - and we are all irrational consumers!
As consumers, we often fall prey to our cognitive biases, and marketing and advertising are designed to exploit our biases. This has a strong impact on our preference orders as well as our preference generation.
However, it is possible to "debias", i.e., to become more resistent to biases - through learning about biases, and through nudging ourselves in the right direction.
The document provides guidance on taking effective witness statements in a legal context. It discusses important considerations like putting the witness at ease, asking open-ended questions, avoiding leading questions, getting specific details, and addressing any inconsistencies in the witness's account. It emphasizes getting a clear and concise statement with relevant details while excluding irrelevant information. The goal is to obtain an accurate record of events from the witness's perspective.
A deposition is an out-of-court sworn statement given by a witness in a question and answer format that is recorded and can be used at trial. Depositions typically occur after the initial exchange of documents between parties and are used to discover facts, lock in witness testimony, and prepare for trial. Thorough preparation, including reviewing all case documents and having a clear plan and structure for questioning, is essential to conducting a successful deposition.
This document discusses various types of logical fallacies. It begins by defining a fallacy as an argument that seems convincing but is logically unsound. It then examines several specific fallacies in more detail, including ad hominem, appeal to authority, appeal to belief, appeal to emotion, and appeal to novelty. Each fallacy is defined and an example is provided to illustrate how it works. The document aims to help the reader identify and understand common logical fallacies.
Unique Creative College Essays ThatsnotusStacy Vasquez
This document discusses the steps involved in requesting writing assistance from HelpWriting.net. It outlines 5 steps: 1) Create an account, 2) Complete an order form providing instructions, sources, and deadline, 3) Review bids from writers and choose one, 4) Receive the paper and ensure it meets expectations, 5) Request revisions if needed. The document emphasizes that original, high-quality content is guaranteed, and refunds are offered if plagiarism occurs. HelpWriting.net uses a bidding system to match clients with qualified writers.
The document discusses the importance of critical and creative thinking. It provides Martin Luther King Jr.'s quote that education should teach one to think critically and intelligently. Critical thinking is needed to solve complex problems. Examples of fallacies in reasoning are given, as are tips for becoming a critical thinker, such as examining sources and asking questions. Kohlberg's stages of moral development and how they relate to critical thinking are explained. Creative thinking techniques like brainstorming and visualization are also discussed. The document emphasizes developing creativity and using humor and laughter to find happiness in life.
Here is a draft outline for a research paper on celiac disease and non-celiac gluten sensitivity:
I. Introduction
- Define celiac disease and non-celiac gluten sensitivity
- Note that both conditions involve adverse reactions to gluten
- Thesis: This paper will examine the causes, symptoms, diagnosis, and treatment of celiac disease and non-celiac gluten sensitivity. It will also explore the rise in prevalence of these conditions and areas for further research.
II. Causes
- Genetic predisposition (HLA genes)
- Role of gluten
- Possible role of other environmental triggers
III. Symptoms
- Gastrointestinal symptoms for celiac disease
- Potential
The document provides instructions for getting professional essay writing help from HelpWriting.net in 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if satisfied. 5) Request revisions to ensure satisfaction, and the company offers refunds for plagiarized work.
Reviewing contracts swiftly and efficiently is crucial for any organization. It ensures compliance, reduces risks, and keeps business operations running smoothly.
The document discusses the psychological effects of injuries in sports. It notes that injuries can negatively impact athletes mentally as well as physically. Small injuries may lower performance while large injuries could force an athlete to stop playing. Chronic injuries that reoccur can influence performance for long periods of time. Dealing with the mental toll is a big part of recovery. Knowing typical psychological responses to injury and applying positive traits can lead to healthier and faster recovery. The author has personally dealt with consistent injuries while playing sports since childhood.
This document discusses various forms of deductive and inductive logic that are important in legal reasoning, including deductive forms like modus ponens, modus tollens, disjunctive syllogism, and hypothetical syllogism. It also discusses informal arguments like analogy, induction, abduction, and conductive reasoning. Finally, it covers common logical fallacies seen in legal arguments such as appeal to authority, appeal to pity, hasty generalization, and begging the question. The document is intended as an overview of logical concepts for lawyers.
Essay On Minor Characters In Romeo And JulietHeather White
The document discusses the process for requesting an assignment writing service from HelpWriting.net. It outlines 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if pleased. 5) Request revisions to ensure satisfaction, with a refund option for plagiarized work. The service aims to provide original, high-quality content meeting customers' needs.
The document discusses the steps to request writing help from HelpWriting.net, including creating an account, completing an order form with instructions and deadline, and reviewing writer bids before authorizing payment after receiving the completed paper. Writers on the platform utilize a bidding system and customers can request revisions to ensure satisfaction, with refunds offered for plagiarized content. The process aims to fully meet customer needs for original, high-quality assignments.
This document defines sexual harassment and outlines steps for preventing and addressing it. Sexual harassment includes unwelcome sexual conduct that affects employment. It may involve demands for sexual favors, jokes, gestures or physical contact. If the harassment creates a hostile work environment or is a factor in an employment decision, it is illegal. The document advises complaining internally per company policy and cooperating with any investigation. Employers should take prompt action, which could include discipline up to discharge, depending on the severity of the conduct. Prevention involves having a clear policy, open communication and treating all people with respect.
Everybody lies sometimes. This is true. Research has shown that 60 per cent of people lie at least once in a 10-minute conversation with a stranger. But many lies are benign, constructed to preserve someone’s feelings, save face or avoid damaging a relationship. These lies are usually harmless, expected and appreciated.
Dishonesty in the workplace, however, can be dangerous. From the lies told in employment interviews to tales spun in the boardroom, workplace dishonesty can affect a company’s security, morale and bottom line. HR professionals and investigators should be skilled and trained to detect lies.
Join Timothy Dimoff, security expert and president of SACS Consulting, as he discusses workplace dishonesty and what to do about it.
This document discusses assessing credibility and demeanor in witnesses. It considers what demeanor is comprised of and how much reliance should be placed on it. It notes some common myths around credibility assessment. It discusses different aspects of demeanor like body language, facial expressions, tone of voice, and speech content. It also addresses reliability in witness accounts and people's beliefs about verbal and non-verbal cues to deception.
The document provides tips for effective direct examination of witnesses. It emphasizes making the witness look good by focusing attention on them and having them tell a clear, compelling story. The attorney should subtly control the testimony through non-leading questions and establish emotional consistency. Organization should follow a logical chronological or topical order. Pace and visual aids can enhance understanding. Foundation helps establish the witness's credibility.
The document discusses three hypothetical legal cases that are presented to the reader, acting as a jury, to decide whether to rule in favor of or against each claimant. The first case involves a burglar suing the local council after breaking his arm while fleeing from a house he was trying to break into. The second case involves a farmer shooting and killing a boy who broke into his farmhouse. The third case involves a man suing a realtor after severely injuring his thumb in a bathroom at a new apartment building. Each case is presented along with arguments from the claimant's lawyer. The document also provides vocabulary related to the legal system and asks discussion questions.
We are all consumers - and we are all irrational consumers!
As consumers, we often fall prey to our cognitive biases, and marketing and advertising are designed to exploit our biases. This has a strong impact on our preference orders as well as our preference generation.
However, it is possible to "debias", i.e., to become more resistent to biases - through learning about biases, and through nudging ourselves in the right direction.
The document provides guidance on taking effective witness statements in a legal context. It discusses important considerations like putting the witness at ease, asking open-ended questions, avoiding leading questions, getting specific details, and addressing any inconsistencies in the witness's account. It emphasizes getting a clear and concise statement with relevant details while excluding irrelevant information. The goal is to obtain an accurate record of events from the witness's perspective.
A deposition is an out-of-court sworn statement given by a witness in a question and answer format that is recorded and can be used at trial. Depositions typically occur after the initial exchange of documents between parties and are used to discover facts, lock in witness testimony, and prepare for trial. Thorough preparation, including reviewing all case documents and having a clear plan and structure for questioning, is essential to conducting a successful deposition.
This document discusses various types of logical fallacies. It begins by defining a fallacy as an argument that seems convincing but is logically unsound. It then examines several specific fallacies in more detail, including ad hominem, appeal to authority, appeal to belief, appeal to emotion, and appeal to novelty. Each fallacy is defined and an example is provided to illustrate how it works. The document aims to help the reader identify and understand common logical fallacies.
Unique Creative College Essays ThatsnotusStacy Vasquez
This document discusses the steps involved in requesting writing assistance from HelpWriting.net. It outlines 5 steps: 1) Create an account, 2) Complete an order form providing instructions, sources, and deadline, 3) Review bids from writers and choose one, 4) Receive the paper and ensure it meets expectations, 5) Request revisions if needed. The document emphasizes that original, high-quality content is guaranteed, and refunds are offered if plagiarism occurs. HelpWriting.net uses a bidding system to match clients with qualified writers.
The document discusses the importance of critical and creative thinking. It provides Martin Luther King Jr.'s quote that education should teach one to think critically and intelligently. Critical thinking is needed to solve complex problems. Examples of fallacies in reasoning are given, as are tips for becoming a critical thinker, such as examining sources and asking questions. Kohlberg's stages of moral development and how they relate to critical thinking are explained. Creative thinking techniques like brainstorming and visualization are also discussed. The document emphasizes developing creativity and using humor and laughter to find happiness in life.
Here is a draft outline for a research paper on celiac disease and non-celiac gluten sensitivity:
I. Introduction
- Define celiac disease and non-celiac gluten sensitivity
- Note that both conditions involve adverse reactions to gluten
- Thesis: This paper will examine the causes, symptoms, diagnosis, and treatment of celiac disease and non-celiac gluten sensitivity. It will also explore the rise in prevalence of these conditions and areas for further research.
II. Causes
- Genetic predisposition (HLA genes)
- Role of gluten
- Possible role of other environmental triggers
III. Symptoms
- Gastrointestinal symptoms for celiac disease
- Potential
The document provides instructions for getting professional essay writing help from HelpWriting.net in 5 steps: 1) Create an account with a password and email. 2) Complete a 10-minute order form providing instructions, sources, and deadline. 3) Review bids from writers and choose one based on qualifications. 4) Review the completed paper and authorize payment if satisfied. 5) Request revisions to ensure satisfaction, and the company offers refunds for plagiarized work.
Reviewing contracts swiftly and efficiently is crucial for any organization. It ensures compliance, reduces risks, and keeps business operations running smoothly.
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1. The Art of Examination and
Cross Examination of Witnesses:
The Effective Way vs The
Steriotypical Way.
Prepared by- Showkat Hossain.
Additional District Judge.
2. Exmination in Chief and Cross Examination
• The examination of a witness by the party who calls him shall be
called his examination-in-chief. The examination of a witness by the
adverse party shall be called his cross-examination.
• For example- for an intended statement of “ to discuss about the
possiblity of getting some loan, Mr Ron haque sikder, called a
meeting between the DMD of AB bank and Shikder Brothers at
westin hotel on 22/3/2020. We ( AB bank) refused their request to
disburse any loan without any security. The meeting lasted for about
1 hour. At the end of the meeting the situation was heated, shikder
brothers left the meeting and before they leave, the threatenned us
by saying” kaj ta valo korlen na” where was the meeting held? What
was the purpose of the meeting? Who called the meeting? Who was
present at the meeting? What was discussed at the meeting? How
long did the meeting last? What was the result of that meeting?
3. Examination in Chief and Leading Question
• With examination in chief, the witness is allowed to tell their side of
the story. In cross-examination the witness have to answer questions
from the opposite party. You do not want the witness to tell the story.
You indicate the point you wish to make and put it to the witness’s
mouth.
• Leading questions, therefore, are used in cross-examination and the
advocate has most of the control in order to get to the point they
want to make.
• Leading questions are mostly answerable with “ yes” or “ no” – not
always though . “ was the man wearing a red or white jumper”?
• Therefore, leading questions are when you hint or put the answer in
the questions itself.
4. Order of production of witnesses
• Evidences are being taken in the following order- Examination in
chief> Cross Examination of the same witness> Re-examination of the
same witness ( if needed)
• It is a lawyer’s privilege to check the order in which he
examines his witnesses. Generally they are arranged
according to the importance and skill of the witnesses.
Prosecutor has the freedom to produce his witnesses in
order which he likes. However, the Evidence Act gives
the court power to command or order in which the
witnesses may be produced.
5. Relevancy of the Witnesses
• Only relevant facts may be called as evidence and people in
possession of relevant facts may be called as witness. The Golam
Azam case, number of defence witnesses.
• In civil suits relevancy is determined by the issues in questions. (
Issues explained)
• In criminal cases the line is kinda wide but limited to between section
5 to 55 of the evidence Act ( or by common sense). The guiding
principle is “ presumption of innocence” . Therefore, the prosecution
has to prove the guilt beyond reasonable doubt, the accused is
presumed innocent and is only expected to create some smoke or
doubt ( theft case)
6. Tips for effective Examination in Chief
• Prepare- prepare about the facts, law, judge and possible
defence. Write down your questions and your expected
answer, have some simulation before the actual stand. Also
write down what are the things you need to prove by this
witness. And, of course, prepare your witnesses.
• know the judge- this too is part of your preparation. This is a
one man show unlike the jury trial. (chintai, gorib, religious)
7. Continued
• Ensure witness faces the judge when answering
questions and is not looking at you.
• Make sure the judge takes note of the things
• Make sure your witness don’t talk too fast in order
that notes can be taken.
• Do not ask leading questions.
• Don’t ask questions answer to what is hearsay .
8. • Personalize/ humanize the witness ( how?), establish credentials ( how?
Schindler’s list, titanic, hazz, victim, memories, education, service, charity,
award, leadership)
• Keep it simple- learn to sound like an ordinary people with ordinary
wording (how?, short question, avoid legal jurgon, Start with open
questions such as how when where, why, which etc, don’t make your
witness speak like a parrot-
• Direct the focus to the witness, try to disappear from the scene, let the
judge be locked/ glued on the witness. The witness needs to be shine not
you. Please explain that to the jury.
• Why is that the case?
• Tell us how you came to that conclusion.
9. •Use visual language. ( how , help the witness show
not tell the story, ask in present tense, 70% of
neuron busy in processing images, mridu).
•Avoid sustainable objection
•Listen to the answer , don’t solely think about the
next question
10. Continued
• Use topic sentences or header. ( it works like a paragraph and keep the
witness focused and it reminds the witness about what is expected from him,
how, ) Dr. Smith, I am going to ask you about everything you did during surgery, but first I want you to tell the jury what you and Mr.
Jones discussed before the surgery.
• Emphasize on starting and ending. Start with a summary (how), end with a
punch line, if failed have a safety vulve question( how)
• Guide him and keep him focused ( ask short question, redirect him if he
deviates, neemful) keep it simple, short question, try with who what when
which how etc.
• Highlight the strong answers [ by writing down your own point, by taking a
pause]
17. • আমার এেমাত্র আদকরর েিযা থে হিম ে
মভাকব থস িতযা েকরকি।
আমাকে হিড়হদকির জিয সন্ত্বািিারা েকরকি। এই ঘটিার ের থেকে
আজ েয ে
ন্ত আহম আর ভাকলা মত ঘুমাকত োহরিা। আমার সারাক্ষি
মকি িে থয আমার থমকে িেকতা মৃতুযর আকগ বারবার তার মাকে
েুকজহিকলা, থস িেকতা থভকবহিকলা আহম তাকে রক্ষা েরকবা। আহম
এই হিম ে
ম েুহি রহবকির সকব ে
াচ্চ শাজস্ত িাই।
18.
19. Cross Examination
• The primary purpose of cross-examination is to get answers or information
from witnesses. Lawyers can also use it to get witnesses for one side to
provide something helpful to the other side or to discredit witness
testimony by exposing some flaw or weakness.
• Constructive cross-examination involves getting the witness to say
to say something helpful, such as information that corroborates or
testimony or evidence that has been presented. [ that the next witnesses
relative or far from the place of occurrence or that your defence case might
true]
• Destructive cross-examination is designed to hurt the credibility of
credibility of testimony given by a witness.
20. Tips
• Ask yourself- Do I need to cross examine this witness?
Because it will add nothing, moreover, it will make the
judge feel like this witness was worthless- what is there to
cross examine!( seizure list’s witness when the occurrence
is admitted). Don’t let the witness reinforce his testimony.
It is more important to know what not to ask, master the
art of how to resist the temptation. [ when the witness
entered the scene after the incidence, when the witness
didn’t hurt your client, don’t remind a madmen about a
shaky bridge]
21. Continued
• Determine your goals – { goals regarding the entire case and goals
regarding this particular witness} For example to create a smoke/
raise suspicion or reasonable doubt/ attack the witness credibility/
acknowledge some key facts that will help you destroy other witness/
to make him acknowledge key facts that help your case/ “ if you don’t
know where you are going, you will wind up somewhere else/ mixed
goals (make him acknowledging key facts in your favor plus destroy
credibility in other point) then take the point first then destroy the
credibility . Example of the narcotic cases starting with েেি রওিা
হদকলি, থে থে হিকলি দকল, জজহড েকরহিকলি হেিা, গাড়ীকত েকর
হগকেহিকলি িাহে মটর সাইকেকল েকর? Narcotic case when
implicated more than one accused- 51 piece yaba.
22. Continued
• Have a reasonable and believable defence.
• The funny NI Act Defence, the ridiculous no defence in
majority of the cases (আেিারা হমেযা মামলা দাকের
েকরকিি). Be truthful and believable, the tiger
example.
23.
24. • Never forget your suggestion. Its like a chain, scatterred golds are
worthless
• Don’t jump into another topic before you make your point with the
suggestions at the end of it.
26. Continued
• Know when to stop – Sometimes a witness is so bad that you will feel
tempted to bury him. Don’t be a brutal bully- there is nothing personal.
When you get the gold- pick it, don’t overdo with it. Beating a lifeless
body will make you look like a thug , moreover any moment the witness
may get a chance to explain his wrong answer. Porimoni case.
• Use only leading questions- or questions the answer will either way
come in your favor. [ for example the size of the room] Don’t ask open
ended question unless you know the answer. And ask only when you
know the answer and the answer will be in your favour. For example-
আেহি হে থসলাই েরার আকগ বযাকন্ডজ গুকলা থবর েরকত ভু কল
হগকেহিকলি? don’t ask question like apni to school e jan ni’.
27. Leading question continued
• Any information delivered to the court must come from you and not
from the witness. The judge and the audience will have the feel that
this attorney is well prepared and knows the actual fact, we can trust
him. The witness will be discauraged to explain and develop a habit of
responding obediently.
• What are you wearing? Are you wearing socks? You are wearing
socks, isnt it? Is that a shirt? You have on a shirt, isnt it?
• The art of control and domination without being abusive. Demand an
answer that you are entitled to . You were wearing a blue shirt? I
guess so- it was not red? It was not green? It was not white? It was
blue right? Don’t let him get away with shady answers.
28. Continued
• Destroy the credibility – what if the witness is seemingly truthful and honest? Attack his
eyesight, perceiving capacity, my cousin vinny . compile the seemingly innocuous
mistakes the witness made, just to make a case that the witness may be truthful but not
reliable.
• Don’t overstress on silly points if your goal is to attack the truthfulness. Constructive vs
destructive. Target the confused witness-
• Only one new fact per question, only short question. You had an orange and yellow
striped shirt on that day, don’t you?its five questiob actually- shirt, more than one
colour, one is orange the other is yellow, it was striped. When one fact is posed per
question, the witness will be forced to agree with you.
• Maximize the dramatic effect. For example when you get something special, let the
answer hang in the air for few moments before you ask the next question. The silence
works. keep track of your voice tone, let the judge feel you don’t believe the witness.
29. • Be ready to ask follow-up question. Ask witness o clarify
Q-isnt it true that you had argued with the victim two days before he
was attacked.
A- Yes but I didn’t stay mad at him.
Q- is it a yes?
A- yes.
Don’t try to hard for a gottcha moment. For exapmle a witness
confirmed that the accused practice judu three times a week. Don’t ask
him further that – so that means the accused is capable of killing the
victime bare hand ( You are less likely to get an answer in your favour)
30. • Start and end with thematic primacy/ high note.
• Greetings or not? May be just a sentence. The sally case . The dark
night, the drunken state, the convicted felon, the close relative,
underage, not an eye witness start with your strongest fact/weapon.
31. Continued
• Remember , this is a show and this is not a show. So make the
court write down your points.
• Play with the psychology of the witness ask them how is the
accused as a father , ask them about his children, let him know
about the punishment [ narcotic case]
• Don’t argue with the witness. Asking question about content of
the document, witness badgering, on question of law- rephrase
your question. Have you seen the accused bitten the victims
nose? No. then how do you say the accused attacked the victim?
• Know the common tendencies of people in bd -Murder case –
diffused liability, a tendency to implicate as many people as
possible.
33. Examples
• The PP murder case ( the movie, shotgun)
• The ligature mark suicide case.
• The political cases
• Abrar fahad case
• You catch more bees with honey than the vinegar.
• Be humble and avoid narcissism , its not about you.
34. Recommended Court-room Movies and
Shows
• A few good men, 12 angry men ,My cousin Vinny ,Murder in the first ,
Judgment at Nuremberg , To kill a mockingbird , The accused
• Primal fear, The Verdict, The Rainmaker, A civil action, A time to Kill,
Witness for the Prosecution, In the Name of the Father, Kramer vs
Kramer, Paths of glory, The trial of the Chicago seven , Erin
Brochovich, the verdict, The people vs Larry Flynt , compulsion (
1956), nothing but the truth.
• TV shows- The people vs O. J Sympson , Better Call Saul, big little lies,
the Suits, Boston Legal, Making a Murderer, Goliath, the good fight,
the practice, Damages, the good wife, 61st street.