Basic Rules of Cross Examination
by
Christopher Bokas on Jan. 24, 2014
Summary: In this article, you will understand the basics of cross-examination in the court room.
At the beginning of a criminal trial, after the opening statements given by the prosecutor
and defense attorney, the commonwealth presents its first witness. This witness could be the
victim or a fact witness. This can be the low point of the trial for the defense because the jury
hears information and facts adverse to the defendant’s position. This can be dispiriting. For this
reason, the defendant’s attorney must be fully prepared to begin his cross-examination of the
commonwealth witness.
Cross-examination should not be just a rehashing of what the witness already said. A
skilled lawyer must come to this task fully prepared. This means that he must immerse himself in
the facts of the case, and exhaustively research the law involved. Therefore, when he asks the
witness his first question, he will already know the answer. If the case is properly prepared,
there will be no “surprise” answers. A skilled lawyer can impeach the credibility of the witness
through effective cross-examination, and in the process destroy the witness’ believability.
I have ample experience doing this. Years of experience in the courtroom has given me
the tools necessary to give my clients the best possible representation.
and defense attorney, the commonwealth presents its first witness. This witness could be the
victim or a fact witness. This can be the low point of the trial for the defense because the jury
hears information and facts adverse to the defendant’s position. This can be dispiriting. For this
reason, the defendant’s attorney must be fully prepared to begin his cross-examination of the
commonwealth witness.
Cross-examination should not be just a rehashing of what the witness already said. A
skilled lawyer must come to this task fully prepared. This means that he must immerse himself in
the facts of the case, and exhaustively research the law involved. Therefore, when he asks the
witness his first question, he will already know the answer. If the case is properly prepared,
there will be no “surprise” answers. A skilled lawyer can impeach the credibility of the witness
through effective cross-examination, and in the process destroy the witness’ believability.
I have ample experience doing this. Years of experience in the courtroom has given me
the tools necessary to give my clients the best possible representation.
