Don't commit cross-examination sins.If you don't avoid these common cross-examination pitfalls, the judge may rebuke or sanction you for your conduct. Shouting at, crowding, and otherwise bullying the witness. This is the exercise of "might makes right." It is thuggery thug n. 1. A cutthroat or ruffian; a hoodlum. 2. also Thug One of a band of professional assassins formerly active in northern India who worshiped Kali and offered their victims to her. . Laughing, editorializing, and asserting personal opinions. Don't inject your opinion about the facts or the witness's credibility. Embarrassing, harassing, and nitpicking nit·pick·ing n. Minute, trivial, unnecessary, and unjustified criticism or faultfinding. nitpicking nit (inf) n → Kleinigkeitskrämerei f the witness. Some questions--like those asking about a remote criminal conviction or personal problem that has little or no probative value probative value n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed against prejudice in the minds of jurors toward the opposing party or criminal defendant. to the witness's testimony or credibility--have no other purpose than to embarrass. Also, don't try to overpower o·ver·pow·er tr.v. o·ver·pow·ered, o·ver·pow·er·ing, o·ver·pow·ers 1. To overcome or vanquish by superior force; subdue. 2. To affect so strongly as to make helpless or ineffective; overwhelm. 3. a witness with a superior vocabulary to make him or her look uneducated or confused. Interrupting and cutting off the witness. A judge may say you are obstructing access to evidence, forcing a witness to refrain from testifying, or otherwise disrupting the fact-finding process. Delaying the trial. To intentionally or for no legitimate purpose cause undue delay wastes a valuable court resource--time. Thomas J. Vesper West Atlantic West Atlantic n. The westernmost branch of the Niger-Congo language family. City, New Jersey |
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