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Criminal Trial Components

Criminal Trial Components. Direct & Cross Examination. LEGALEASE(aka TERMS). 1. Prosecution Atty 2. Defense Atty 3. Judge 4. Bailiff 5. Jury 6. Beyond a Reasonable Doubt 7. Burden of Proof 8. Defendant 9. Opening St. 10. Direct Examination 11. Cross Examination

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Criminal Trial Components

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  1. Criminal Trial Components Direct & Cross Examination

  2. LEGALEASE(aka TERMS) • 1. Prosecution Atty • 2. Defense Atty • 3. Judge • 4. Bailiff • 5. Jury • 6. Beyond a Reasonable Doubt • 7. Burden of Proof • 8. Defendant • 9. Opening St.

  3. 10. Direct Examination • 11. Cross Examination • 12. Closing Arguments • 13. Overruled • 14. Sustained • 15. Leading

  4. Direct Examination Questions • Purpose • To present the evidence necessary to warrant a favorable verdict. • All the elements of a law or criminal charge must be brought into evidence by witness testimony or documents.

  5. Direct Examination Questions • Purpose Continued…….. • To present the facts with clarity and understanding • To convince the jury of the soundness of your client’s case.

  6. Direct Examination Questions • To present your witnesses to the greatest advantage; to establish their credibility.

  7. General suggestions • Ask “open-ended” questions. • Questions that begin with who, what, when, where, or how

  8. asking the witness to “explain” or “describe.” • Avoid complex or long-winded questions • Questions should be clear and simple.

  9. Be a “friendly guide” for the witnesses as they tell their stories. Let the witnesses be the stars.

  10. Cross-Examination of Witnesses • Purpose • To secure admissions from opposing witnesses that will tend to prove your case. • To negate your opponent’s case by discrediting his/her witnesses.

  11. CROSS EXAMINATION • Scope • Witnesses may be cross-examined regarding their direct testimony. Cross-examination is used to… • to explain, modify, or discredit what a witness has previously stated.

  12. 3. Approach • Use narrow, leading questions that suggest an answer to the witness. Ask questions that • require “yes” or “no” answers. • Expose lack of sincerity or the existence of bias.

  13. Never ask “Why?” It gives a well-prepared witness a chance to explain. • Generally, don’t ask questions unless you know what kind of answer you are going to obtain. • Fishing trips may be expensive. • Establish just a few basic points • Don’t repeat the direct examination

  14. Don’t argue with witness (hard to do)

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