direct exam. why am i calling this witness? elements? exhibits? credibility? moral strength?
TRANSCRIPT
DIRECT EXAM
WHY AM I CALLING THIS WITNESS?
ELEMENTS?
EXHIBITS?
CREDIBILITY?
MORAL STRENGTH?
PRIORITIZE
ORGANIZATION
PRIMACY
RECENCY
PRIMACY: THE FIRST THING YOU SAW OR HEARD
FIRST HUMAN FOOTPRINT ON THE MOON
RECENCY: THE LAST THING YOU SAW OR HEARD
MICHAEL JORDAN’S LAST SHOT
APPOSITION: the act of placing together or bringing into proximity.
PLACE IMPORTANT FACTS INTO A
DIRECT EXAM IN A WAY
THAT EMPHASIZES THEIR
RELATIONSHIP TO OTHER FACTS.
APPOSITION EXAMPLE FACTS ABOUT HANSEL &
GRETEL THEY WERE FORMER
NEIGHBORS OF THE WITCH THE WITCH HAD RETIRED
TO THE FOREST & BUILT HER DREAM HOME, A GINGERBREAD HOUSE
HANSEL & GRETEL FOUND HER HOUSE WHILE THEY WERE RUNNING FROM THE COPS
THEY WERE HUNGRY & STARTED EATING HER HOUSE
SHE RECOGNIZED THEM
DURATION & REPETITION
SPEND MORE TIME ON IMPORTANT FACTS
REPEAT IMPORTANT FACTS
GET SEVERAL WITNESSES TO REPEAT THOSE FACT
DURATION & REPETITION
In the case of Hansel & Gretel, the eyewitness testimony of the witch identifying Hansel & Gretel is important.
In direct exam, lawyer should formulate several questions on this topic & have witness repeat several times, in different ways, how she identified the defendants.
STYLE OF DIRECT EXAM =STORYTELLING
STORY SHOULD BE:– Clear
– Believable– Simple
FOCUS OF DIRECT EXAM:WITNESS
DIRECT EXAM TECHNIQUES
AVOID LEADING QUESTIONS, I.E. QUESTIONS THAT LEAD TO THE ANSWER. Example: You never liked Casey, did you?
AVOID QUESTIONS THAT CALL FOR A NARRATIVE ANSWER. EXAMPLE: So tell the court everything you
did on Dec. 22, 2007
SPEAK NATURALLY. Avoid quoting the witness statement word for word. Use language with which witness feels comfortable (not slang) which will aid in memorization.
DO NOT ALTER THE FACTS even though you may be altering the style of language
USE SHORT, OPEN-ENDED QUESTIONS THAT ALLOW WITNESS TO TELL THE STORY.Where were you the night of Dec. 22, 2007What were you doing?How did you react when you saw the accident?
Post “Headline questions” for transitions.
“Let’s talk about the evening of Dec. 22, 2007.”
“Now, Mr. Jones, l’d like to ask about your educational background.”
Turning your attention to Exhibit A, the diagram of the intersection of Kimball & Foster.
Incremental questions. Assemble a mental image, piece by piece.
WHAT DID THE ROBBER
LOOK LIKE?
DESCRIBE HIS HAIR COLOR
AND STYLE?
DESCRIBE WHAT HE
WAS WEARING.
DID HE HAVE ANY TATOOES?
DID HE HAVE ANY
VISIBLE SCARS?
HOW TALL
WAS HE?
WAS HE WHITE, BLACK, LATINO, ASIAN?
AVOID
GENERAL
QUESTIONS
- PROVIDE CLEARER PICTURE- ALLOW LAWYER TO COVER IMPORTANT DETAILS- AID LISTENER (JUDGE OR JURY) IN REMEMBERING
POSE INCREMENTAL QUESTIONS
STIPULATIONS = FACTS THAT ARE NOT IN DISPUTE
REFER TO STIPULATIONS
THAT ARE RELEVANT TO
THE WITNESS.
CREDIBILITY
• EMPHASIZE POINTS THAT ENHANCE CREDIBILITY
• EXPLAIN POINTS THAT WEAKEN CREDIBILITY
ELEMENTS = CONDITIONS THAT MAKE AN ACT UNLAWFUL
FORMULATE QUESTIONS
THAT ADDRESS THE
ELEMENTS.
SIMPLICITY
• KEEP YOUR THEORY SIMPLE.
• STRAIGHTFORWARD LANGUAGE
• UNCOMPLICATED PHRASING.
• SIMPLE SENTENCES• AVOID COMPOUND
QUESTIONS, I.E. 2-PART QUESTIONS.
TEN COMMANDMENTS OF DIRECT EXAMS
I. PRIMACYII. RECENCYIII. APPOSITIONIV. DURATIONV. REPETITIONVI. OPEN-ENDED,
INCREMENTAL QUESTIONS
VII. STIPULATIONSVIII. CREDIBILITYIX. ELEMENTS X. SIMPLICITY