Relentless Criminal Cross-Examination

ISBN: 9780938065753
Annual List Price: $239

 

 

Table of Contents

  • Chapter 1 Governing Principles and Strategies
  • Chapter 2 Cross-Examination: Theory of Case, Opening Statement, Closing Argument
  • Chapter 3 Cross-Examination of Arresting Officer: Motions to Suppress
  • Chapter 4 Cross-Examination of Detective Who Obtained Confession
  • Chapter 5 Cross-Examination of Informants and Accomplices
  • Chapter 6 Cross-Examination of Eyewitnesses
  • Chapter 7 Cross-Examining Expert Witnesses
  • Chapter 8 Cross-Examination in Sexual Assault Cases
  • Chapter 9 Cross-Examination in DWI Cases
  • Chapter 10 Cross-Examination at Hearings on Requests for Restraining Orders

The 2016 Edition provides proven strategies and pattern cross-examinations for tackling these common scenarios:

  • Cross-Examination of Arresting Officer: Challenging the officer’s reliance on confidential informants and lack of probable cause to arrest; Challenging the officer’s handling of the arrest of a foreign-born suspect
  • Cross-Examination of the Detective Who Obtained a Confession: Challenging the impact of defendant’s statement when defendant makes no admission
  • Cross-Examination of the Alleged Sexual Assault Victim: Challenging the victim for her failure to obtain, or unreasonable delay in seeking, a restraining order.

The pattern cross-examinations are annotated with more than 20 new Practice Points and Technique Tips, gleaned from the author’s years of trial experience. These provide use-it-today advice for handling a broad range of situations that may arise in the course of defending a client. For example, these tips explain:

  • How to use a detective’s “wiggle room” response to bait him and set up a series of questions that highlight the implausibility of his equivocal response.
  • The importance of reading a police report carefully, considering not only the “facts” that have been included, but also identifying what is missing.
  • In a case involving a confidential informant, the importance of tailoring your cross to the guidelines established in the case law regarding the staleness of allegations/tips, especially of drug trafficking and distribution.
  • How to frame your questions to force the detective to take responsibility for his decisions, rather than rely on the excuse of “circumstances” beyond his control.
  • How to challenge a narcotics detective’s assertion that your client took a “meaningless drive” and, therefore, must have been engaged in a drug transaction.
  • When it might be wise to hire a forensic photographer to challenge the detective’s claims that was able to observe any activity within your client’s vehicle from his vantage point at the time of the stop/arrest.
  • Why it is important to ask the court to provide an interpreter in any case in which your client has the slightest difficulty understanding English, and sample language you can use in your closing argument to highlight for jurors the significance of the interpreter.
  • How to use voir dire and your opening statement to lay the foundation for an aggressive cross-examination of an alleged sexual assault victim.

And more!

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