direct exam. why am i calling this witness? elements? exhibits? credibility? moral strength?

DIRECT EXAM

WHY AM I CALLING THIS WITNESS?

ELEMENTS?

EXHIBITS?

CREDIBILITY?

MORAL STRENGTH?

PRIORITIZE

ORGANIZATION

PRIMACY

RECENCY

PRIMACY: THE FIRST THING YOU SAW OR HEARD

FIRST HUMAN FOOTPRINT ON THE MOON

RECENCY: THE LAST THING YOU SAW OR HEARD

MICHAEL JORDAN’S LAST SHOT

APPOSITION: the act of placing together or bringing into proximity.

PLACE IMPORTANT FACTS INTO A

DIRECT EXAM IN A WAY

THAT EMPHASIZES THEIR

RELATIONSHIP TO OTHER FACTS.

APPOSITION EXAMPLE FACTS ABOUT HANSEL &

GRETEL THEY WERE FORMER

NEIGHBORS OF THE WITCH THE WITCH HAD RETIRED

TO THE FOREST & BUILT HER DREAM HOME, A GINGERBREAD HOUSE

HANSEL & GRETEL FOUND HER HOUSE WHILE THEY WERE RUNNING FROM THE COPS

THEY WERE HUNGRY & STARTED EATING HER HOUSE

SHE RECOGNIZED THEM

DURATION & REPETITION

SPEND MORE TIME ON IMPORTANT FACTS

REPEAT IMPORTANT FACTS

GET SEVERAL WITNESSES TO REPEAT THOSE FACT

DURATION & REPETITION

In the case of Hansel & Gretel, the eyewitness testimony of the witch identifying Hansel & Gretel is important.

In direct exam, lawyer should formulate several questions on this topic & have witness repeat several times, in different ways, how she identified the defendants.

STYLE OF DIRECT EXAM =STORYTELLING

STORY SHOULD BE:– Clear

– Believable– Simple

FOCUS OF DIRECT EXAM:WITNESS

DIRECT EXAM TECHNIQUES

AVOID LEADING QUESTIONS, I.E. QUESTIONS THAT LEAD TO THE ANSWER. Example: You never liked Casey, did you?

AVOID QUESTIONS THAT CALL FOR A NARRATIVE ANSWER. EXAMPLE: So tell the court everything you

did on Dec. 22, 2007

SPEAK NATURALLY. Avoid quoting the witness statement word for word. Use language with which witness feels comfortable (not slang) which will aid in memorization.

DO NOT ALTER THE FACTS even though you may be altering the style of language

USE SHORT, OPEN-ENDED QUESTIONS THAT ALLOW WITNESS TO TELL THE STORY.Where were you the night of Dec. 22, 2007What were you doing?How did you react when you saw the accident?

Post “Headline questions” for transitions.

“Let’s talk about the evening of Dec. 22, 2007.”

“Now, Mr. Jones, l’d like to ask about your educational background.”

Turning your attention to Exhibit A, the diagram of the intersection of Kimball & Foster.

Incremental questions. Assemble a mental image, piece by piece.

WHAT DID THE ROBBER

LOOK LIKE?

DESCRIBE HIS HAIR COLOR

AND STYLE?

DESCRIBE WHAT HE

WAS WEARING.

DID HE HAVE ANY TATOOES?

DID HE HAVE ANY

VISIBLE SCARS?

HOW TALL

WAS HE?

WAS HE WHITE, BLACK, LATINO, ASIAN?

AVOID

GENERAL

QUESTIONS

- PROVIDE CLEARER PICTURE- ALLOW LAWYER TO COVER IMPORTANT DETAILS- AID LISTENER (JUDGE OR JURY) IN REMEMBERING

POSE INCREMENTAL QUESTIONS

STIPULATIONS = FACTS THAT ARE NOT IN DISPUTE

REFER TO STIPULATIONS

THAT ARE RELEVANT TO

THE WITNESS.

CREDIBILITY

• EMPHASIZE POINTS THAT ENHANCE CREDIBILITY

• EXPLAIN POINTS THAT WEAKEN CREDIBILITY

ELEMENTS = CONDITIONS THAT MAKE AN ACT UNLAWFUL

FORMULATE QUESTIONS

THAT ADDRESS THE

ELEMENTS.

SIMPLICITY

• KEEP YOUR THEORY SIMPLE.

• STRAIGHTFORWARD LANGUAGE

• UNCOMPLICATED PHRASING.

• SIMPLE SENTENCES• AVOID COMPOUND

QUESTIONS, I.E. 2-PART QUESTIONS.

TEN COMMANDMENTS OF DIRECT EXAMS

I. PRIMACYII. RECENCYIII. APPOSITIONIV. DURATIONV. REPETITIONVI. OPEN-ENDED,

INCREMENTAL QUESTIONS

VII. STIPULATIONSVIII. CREDIBILITYIX. ELEMENTS X. SIMPLICITY