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					                  Direct Examination


-- now let’s look at direct examination
   • chances are, you will have interviewed and prepped the
   witness
   • you will lay out each piece of the story in an interesting
   way without violating the rules of foundation
   • you want the witness to tell the story, not the questioner
   (no leading)
   • try to end with something dramatic (the jury may be
   nodding asleep during the middle boring stuff)
   -- here is an interesting questioning technique
       “Introductory-clause intensifier” (my words!)
Imagine a fact that is important to the jury …
   E.g., the decapitated head of Nicole Brown
   Simpson. (shows that this OJ thing isn’t
   superficial; it is real)
Imagine you are the prosecution questioning a
police officer:
   “In what condition did you find Ms. Simpson’s
   body?”
       -- answer, she was virtually decapitated.
    “Can you describe what you mean by
   virtually decapitated?”
   “How did you come to realize her head was
   so severely separated from her body
Imagine a fact that is important to the jury …
              Direct Examination
   E.g., the decapitated head of Nicole Brown
   Simpson. (shows that this OJ thing isn’t
   superficial; it is real)
Imagine you are the prosecution questioning a
police officer:
   “In what condition did you find Ms. Simpson’s
   body?”

  Note-- answer, she was virtually decapitated.
        a style point about how the decapitated
    “Can you describe Calling her “the victim” is
 person is referred to. what you mean by
really a poor idea. Bring her to life and give her
   virtually decapitated?”
dignity. Maybe on key questions, call her by her
   “How did you come to realize her head was
                first name (risky?).
   so severely separated from her body
  “After you found the decapitated head, what
  portion of the body did you look at next? “
  After you had found the decapitated head, did
  you call anyone else to look at it?”
  Upon reporting to others about decapitation,
  did you have occasion to have the body
  photographed for investigative purposes?
  Do you have those photos of the decapitation
  with you?
     Note how many questions start with a
   restatement of the word decapitation. You
mention it several times while making the officer
answer little, non-important questions. This is a
technique that good trial lawyers will indulge on
                direct examination

				
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posted:2/5/2011
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