They caught you with the shoppette's money. . Casing the Neighborhood §3:28 Common Fact Pattern §3:29 Strategy §3:30 Angles of Attack §3:31 Cross-Examination 3. Additional examples appear in the Appendix. It may be worthwhile, either at the start or finish of your cross-examination, to show the jury that the officer really isn't much more than a parrot when it comes to understanding the science. 2) Ask simple questions so that people of ordi- 4. Attorney will ask them what the speed limit and how fast they were going. Cross-examining the police officer who stopped your vehicle and gave you a traffic ticket is an important part of fighting your ticket in court. Nadine Nasser Donovan, Esq., is a former trial lawyer with extensive litigation experience. Cross-examination is the climax of any good lawyer . A: Yes. BASIC CROSS-EXAMINATION OF THE DUI ARRESTING OFFICER: Accentuate the Positive and Watch the Dog and Ponies INTRODUCTION. Preparation. Cross examination is defined as the method that lawyers use to get information from a witness. challenge the other party's evidence (that is . In my experience, if a case is going to be won, it is usually during the prosecution case. 1. The pregnant clerk got a good look at you. Sometimes there may be two of them. Once your attorney asks questions leading to such impeaching evidence, the officer's credibility will be tainted for the remainder of the cross-examination and . To an outsider, a cross examination might seem like a series of random questions, but the process is actually incredibly well-planned and requires hours of preparatory work. 6. Nonetheless, it can be done. • Where did it happen? A: That's right. Here are a few examples from the book, of how you might prepare the cross-examination of a police officer in a police misconduct case: Bias/Credibility. Below, and reproduced in full, is the article I wrote for the Kentucky Justice Association's publication, 'The Advocate.' It was printed and distributed in September, 2014. 1 August 2007. First, know exactly what your purpose is and structure the examination accordingly. 1. Motor Vehicle . If the respondent denies that the incident occurred, ask: • Is there any reason anyone would invent or lie about the incident? BASIC CROSS-EXAMINATION OF THE DUI ARRESTING OFFICER: Accentuate the Positive and Watch the Dog and Ponies INTRODUCTION. Many expert witnesses may be impeached in this manner. Who? SAMPLE CROSS EXAMINATION OF POLICE OFFICER REVIEW OF DOCUMENTS Officer you stated that you've been a police officer for __ years. For the criminal defence lawyer, there are few things more important than cross-examination. A: Yes, that is correct. Police Officer . Q: How many hours a week do you work? Maryland Personal Injury Lawyers. Sample Questions for the Respondent • What happened? Direct examination questions should be modified to match the facts of each case, and the witness's own experience and background, as well as individual style. Do You Need To Cross-Examine The Police? Section 90.608 (2), Florida Statutes provides that a witness' credibility can be challenged by . A: 40. Cross-examination from that date is recognisable as being almost identical to the provisions applying to cross-examination today. Effective and meaningful cross-examination can vindicate the innocent. It is a crime that seems to touch every one. Through thorough preparation, the trial attorney should become an expert on the subject at issue—no matter how temporary. Q: What shift? But I hope the point is made that the "perfect witness" will ultimately come across often as pompous and more important as incredible. Q: Of you? Field Sobriety Test Results Sample Cross Examination. Hon. Friends. . As Phil Boulten SC once said, a case rarely looks better for the . You stated that you've been trained in recognizing illegal substances, and suspicious behaviors • Your expertise is in (state current position) and not in child abuse? Enjoy. Obviously, this second example is very exaggerated. • You have not received any formal training in (state type of injury at issue in the case)? All names have been changed.] During cross-examination our goal is to: Question the reliability of the officer's statements; Introduce doubt into the minds' of the jury; Accentuate the positive for our client; for example, point out what the client did right; Search for any evidence of police officer misconduct; Determine if the officer's testimony aligns with the dash cam . They must carefully choose cross-examination topics in order to effectively undermine the prosecution's case. An open- minded judge may allow you to use this as a voir dire of the officer to preclude DRE testimony from coming before the jury. ~~ ~~ Judge, for my own . It is without question that the crime of Driving Under the Influence is given a great deal of attention by the legislature, courts, media and public in general, year in and year out. The above are just a few simple examples of questions where knowledge of the law can play a significant role in helping to shape the cross-examination undertaken by an advocate concerning a given factual scenario. Many of these are featured in my book, The Fearless Cross-Examiner: Win the Witness, Win the Case (Trial Guides 2016). For example, in one jurisdiction that requires a twenty-minute observation period, the officer's report indicated that he arrived at the police station with the defendant at 7:41 a.m. Topics for Police Cross-Examination. Cross-examination is an opportunity for the defense attorney to question the prosecution's witnesses during a trial. The work mistake I have seen over the years by adverse counsel in their cross examinations of my clients involve forgetting the point of cross examination and turning . o Officers conducted a custodial interrogation without a Miranda warning or with an incorrect Miranda warning. Objects Cross-examination is the process whereby you seek: a To test the veracity and accuracy of the evidence in chief; and b To elicit from that witness any relevant facts, which may be favourable to Transportation . • Did anyone else see it happen? How long have you worked for the _____ police department What prior LEO experience do you have (only ask question if officer has prior LEO experience) What special training, if any, have you had in the field of detecting and apprehending drivers impaired by alcohol or drugs? Q: To, perhaps, negotiate a plea with the defense attorney? A. CROSS-EXAMINATION Cross-examination of witnesses called by the opposing party is an absolute right in both civil and criminal cases. that could be used in a direct examination of an investigating officer . 1) Strike telling blows with the first few ques-tions, but save some meaningful questions for the end of the cross-examination. Speeding Ticket. A: Yes. A: Unfortunately, that's true. An officer could say he smelled alcohol on your breath and arrested you. Cross-examination is the art of asking simple questions in the right order. 9 of Larry S. Pozner & Roger J. Dodd, Cross-Examination: Science & Techniques, (2d ed. During the reading comprehension test, you may also be asked true/false type questions. 4. What did they do? I know about these things. Attorney in an auto accident trial will ask whether this happened at an intersection, and whether there were any traffic control devices at the intersection. AVOID any questions that can or do lead to dealing with MERITS! And with the New York City police department you are required to be trained in different parts of your practice. Evidence submitted during a suppression hearing usually includes subjective testimony (based on an officer's police reports) and objective . Cross-examination Practice Script v03.08.2013-001 This information is brought to you by: . Despite two other eyewitnesses—the two police officers who arrested the defendant—the jury acquitted after approximately 45 minutes of deliberations. . It is without question that the crime of Driving Under the Influence is given a great deal of attention by the legislature, courts, media and public in general, year in and year out. • Was there physical contact? Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Here are some example questions that can be asked of a police officer during cross-examination in traffic court: . When I begin the cross-examination, I am fully . C ross-examination is one of the most adversarial, heated, and hostile parts of a trial. Understand? The cross-examination of the arresting officer in a DWI case provides a classic opportunity to use this method of cross-examination. Sample Cross-Examination Questions Sample Questions for the Complainant • What happened? Enjoy. In reality, over the course of their careers, most law enforcement officers rarely testify during actual trials. Goal Questions on cross-examination: You are an armed robber. • How did it happen? STEP ONE: OBTAIN FAVORABLE POLICE TESTIMONY: In order to expose false testimony, the arresting officers should be subjected to cross examination early in the case, when their memories are still fresh and they have not had a chance to be prepared by the prosecutor . And with the New York City police department you are required to be. You were caught red handed. • How many times did this happen? Direct-Examination of Accident Reconstructionist. Example: These may not be all the questions you need to ask - but it is a good start for formulating your cross examination. This is, of course, why it makes for the best scenes in courtroom dramas. Officer Cross Examination on Field Sobriety Tests: Throw the Manual at Them. In practice, this involves questions that affect the credibility of the officer and their opinion that you committed a traffic violation. You stated that you've been trained in recognizing illegal substances, and suspicious behaviors Below, and reproduced in full, is the article I wrote for the Kentucky Justice Association's publication, 'The Advocate.' It was printed and distributed in September, 2014. In this article, I have attached a sample test question to help you prepare for the police officer exam. Officer you stated that you've been a police officer for __ years. Here are transcripts of actual cross-examinations which I have gathered from some excellent attorneys. Becoming an expert on the subject you are cross-examining about does two . The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses ). SAMPLE CROSS EXAMINATION OF POLICE OFFICER. Through preparation of your case, and a basic knowledge of the fundamentals of cross, you can set up a winning summation by scoring points during the cross examination of each witness. Q: How long have you been a police officer? She could identify you. o Police questioned the defendant after the right to remain silent was invoked. (Read a chapter from the book here, on . This is an extract of our Cross Examination Police Officer document, which we sell as part of our Criminal Advocacy Notes collection written by the top tier of City Law School students. You can ask questions that range from the general to the specific. Experienced DUI defense attorneys in Orange County know that the arresting officer's testimony is often the most important part of the prosecution's case in any DUI trial. The questions are not designed to replace the specific, detailed questioning of witnesses necessary to On direct-examination, the officer testifies to Cross Examination. Cross-examination is perhaps one of the most fundamental components of an accused's rights at trial. Through cross-examination, lies can be exposed and the truth advanced. Rick's book offers many examples of questions to ask on direct and . Here is a three-step approach that may be helpful. Their unimpeachable testimony stands up to grueling cross-examination, and the suspect goes to prison for life. There are few topics in the law written on as extensively as cross-examination. Before conducting the cross-examination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as well as the basic principals of forensics . Q: Which includes preparing a direct examination? A: 3rd shift. CROSS EXAM OF EXPERTS (Sample Questions) Challenge Credentials: • You do not have a degree from an accredited university? Cross-examination is an effective way for the defense to present evidence by using government witnesses.
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