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The “you should have been told” technique offers experts a way to concede their errors while protecting their self-image by blaming others.
Constructive cross-examination means using cross to cause the prosecutor’s witnesses to admit facts that they left out or understated.
A lawyer impeaches with a prior inconsistent statement for one of two reasons, and the reason drives the techniques the lawyer employs.
Initially, the witness gives a false story: “I was eating pizza with my cousin.” But now the witness says the truth is that he was with defense counsel’s client — robbing a store. Lawyers sometimes mistakenly believe that the payoff is the admission of the untruthful statement. The big payoff, Larry Pozner explains, is something deeper.
Which is better – folders or witness notebooks – for assembling cross-examination files? Organizing cross-examination in individual topic folders, including any potentially necessary documents, provides flexibility and dependability.
