CRM 344 – Key Concepts – Module 6
Direct Examination
Direct examination is the initial questioning of a witness by the attorney who called on them to testify
Questioning is factual, non-confrontational, and open-ended
Voir Dire
Attorney will ask qualifying questions that will be used to demonstrate the witness’ ability and competence regarding discovery, analysis, and interpretation of scientific evidence
Witness will probably be asked to provide a summary of their experience
Number of years experience
Education/Degrees completed
Completion of specialized training courses
Membership in professional organizations
Peer-reviewed articles or published books
Judge presiding over trial will then declare the witness an expert in his/her specific field
Direct examination gives expert an opportunity to demonstrate their professionalism, demeanor, and communication skills to the jury
Gives expert opportunity to present their knowledge (and opinion, if directed) in a somewhat “friendly” atmosphere
Cross Examination
During cross-examination, opposing counsel will try to overcome weaknesses in expertwitness’s knowledge and experience
When responding to counsel’s questions, care should be taken to ensure the pace and cadence of the responses are the same as they were in direct examination
Two effects:
Illustrates that expert is not responding differently to the two forms of questioning (non-biased)
Slows down aggressive pace of cross-examination
Rules to follow to substantiate your credibility during cross:
Do not overtly change attitude between direct and cross
Do not answer quickly during direct or cross (maintain same pace)
Relax and control pace of questioning
Allow jury to listen to your answer by talking to (and looking at) them when answering
Tell attorney when you do not understand a question (ask to re-phrase)
Unresponsiveness/bad attitude can affect your credibility with the jury
If attorney misquotes or misrepresents a technique or your results, correct them before answering any associated questions
Be aware of leading questions
Isn’t it true…
Wouldn’t you agree that…
Isn’t it possible you…These are LOADED questions with which the attorney is trying to set you up!
Well prepared attorneys will have researched the witness, either by identifying previous work or by interviewing colleagues and associates
How often have you testified for prosecution/defense
Have you ever been a “hired gun”
Remain truthful and do NOT guess at an answer
If you do not know the answer, say “I don’t know”
Try to think of questions the attorney may ask during cross
Can help expert prepare for the answer
Can help expert relax during testimony
Re-Examination
Method attorneys use to clarify points that have been muddled during cross
Most effective way to prepare for re-examination is to fully prepare witness to handle cross in a manner so that no re-exam is necessary
If witness has fully and clearly explained any potentially confusing statements or problems raised during cross, opposing counsel should not have to re-examine witness
If new evidence was raised during cross or if any further explanation is required in some area of evidence, counsel should be prepared to re-examine in that area
Re-examination should be short to maintain the credibility of the answers given in the direct exam of the witness
Counsel should ensure that questions are clear and as concise as possible during re-examination
Comparative form of a question may be the most effective