Effective cross-examination is a critical part of any criminal trial. Never is this more true than when technical or scientific evidence is a central issue for the jury. With this being said, prosecutors often feel uncomfortable during cross-examination of defense witnesses. This is not due to lack of ability. Rather, it is caused by insufficient practice, focus, and preparation for this part of the trial. As prosecutors, we generally expend most of our effort on “proving our case” in chief and experience a feeling of relief when the prosecution “rests.” In reality, the State’s case is far from over at the end of the State’s presentation of evidence. The simple message is that case preparation includes preparing to overcome any defense theory because it is often when the State’s case ends that the most difficult work, cross-examination of the defense witnesses, begins. In order to succeed at cross-examination, a prosecutor must understand the goals of each party in a criminal trial. This allows a prosecutor not only to block the defense tactics, but also to use skillful questioning of defense witnesses to illicit responses favorable to the State. The goal of the defense during trial is to cast doubt in the minds of the jury on behalf of their client. This goal can be accomplished in several ways: (1) minimize the State’s case through pretrial motions to suppress evidence; (2) minimize the State’s case through the cross-examination of State’s witnesses; (3) minimize the State’s case by calling their own witnesses to present evidence for the jury and (4) bombard the jury with enough technical or scientific testimony to cause confusion. Any of these methods, if unchallenged, can result in the creation of reasonable doubt. Effective prosecution, at its core, the means presenting sufficient evidence to convict a defendant of the crimes charged through direct evidence. Keeping this goal foremost in mind allows a prosecutor to focus more on the case-in chief. Often a prosecutor will not even know if the defense will present evidence until after the State rests. At that point, skilled and effective cross-examination of the defense witnesses becomes critical for a prosecutor. He or she will work through cross-examination of any defense witnesses with two core goals. The primary goal is preserving the integrity of the State’s case and the secondary goal is to obtain any favorable facts, concessions or inconsistencies possible. While a prosecutor should not plan on winning the case through cross-examination of defense witnesses, a poorly planned or executed cross-examination could impact the success of the case and the prosecutor’s credibility with the jury. A well-prepared prosecutor can both obtain helpful factual admissions supporting the State’s case from the defense witnesses and minimize the defense case through impeachment of the defense witnesses. This monograph is intended to assist prosecutors in successful cross-examination. Careful consideration and adherence to the thoughtful strategies contained within will increase the chances of the desired outcome, a verdict of guilt. With time and practice, any prosecutor can become a master of the art of cross-examination. No matter how natural a seasoned prosecutor’s cross-examination skills may appear, it took years of training and experience to become truly proficient. (Author/publisher)
Samenvatting