The Fundamentals of
Cross Examination
Jan 2022
What is Cross Examination?
Cross Examination—The questioning of a witness by the
attorney for the other side (adversary).
GOAL: The purpose or GOAL of cross examination is to test
the truthfulness of the testimony given on direct
examination.
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We can test the truthfulness by pointing out weaknesses,
inconsistencies, and contradictions in the witness’s
testimony through the effective use of leading questions.
What is a Leading Question
A leading question is a question that suggests its own answer.
Example: You didn’t go to school on Tuesday, did you?
Example: In fact, you went to your friend’s house instead?
DISCUSSION QUESTION: Why are leading questions so
effective in the courtroom?
4 Things to Remember When Cross Examining a
Witness:
1. On cross examination, the attorney is the “star”—keep
the jury focused on what YOU (the attorney) are
saying and doing. The attorney should be leading the
conversation.
1. Control the witness:
a. Physically… by where you stand.
b. By asking only leading questions.
4 Things to Remember When Cross Examining a
Witness:
3.
Never ask a question unless you already know the
answer to it. (Or unless you don’t care what the answer
is!)
4.
Never ask a “how” or “why” question on cross
(Never give the witness a chance to explain.)
Example of a Cross
This is NOT a
perfect example,
but a fun one!
Take a moment to
watch the clip.
When done,
provide feedback
as to what went
WELL in this
Cross
Next, you will practice writing a cross
examination…
Some quick advice before you start:
The best form of a leading question states a fact and asks the witness to
agree with it.
However, a whole series of questions ending in “is that right?” will
drive the jury CRAZY! For example:
Q: You went downstairs, is that right?
Q: You went to the kitchen, is that right?
Q: You opened the knife drawer, is that right?
Q: You took out a butcher knife, is that right?
Q: You cut an apple with it, is that right?
Next, you will practice writing a cross
examination…
If you break your questions down into small units and ask them
one after another, you can take the ending off of the question while
remaining in control.
Your voice inflection can make the statement of fact sound like a question.
For example:
Q: You went downstairs, is that right?
Q: You went to the kitchen?
Q: You opened the knife drawer?
Q: You took out a butcher knife?
Q: You cut an apple with it?
Prep and Practice!
We will now move to small groups to work through your CROSS Examination
Outline.
Wait for Teacher Instruction on where to move for Defense/Prosecution
Planning