Cross-examining the cooperative informant checklist

http://www.fd.org/pdf_lib/Cross_Examination.pdf

ORGANIZING YOUR CROSS-EXAMINATION

Start with the criminal history

Review the potential penalties

 Detail the deal

 

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If no deal, make them tell you what they are hoping for

 

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If no deal and prior cooperation, question regarding prior

experience

 

 

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Make them appear more culpable than they appeared on direct by

using the background information you have

 

 

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Anything going on in life…sick parent, new child…that would be

incentive for embellishing story? If so, question about the

 

different situations and wrap up how it relates in closing.

 

 

IV. MAXIMIZING THE EFFECT

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Know what you want from the witness before the trial

 

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Make sure your questions only elicit the information you need to

make your argument–everything else is extra

 

 

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Get as much information as you can–let the judge stop you, don’t

limit yourself

 

 

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When you get what you want, STOP!

 

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Move slowly through the information–moving to quickly takes

away from the message you are trying to deliver to the jury

 

 

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Remember to lead your witness through their testimony–yes, no

answers are all you need…their explanations are rarely helpful

 

 

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Pay attention to your jury–are they engaged, bored, aggravated,

curious