Conflicts in Testimony

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“AHA” MOMENT AND CROSS-EXAMINATION

Closing the Loop of Cross in ClosingCross-examination designed to expose the defect in the witness’s testimony may not be evident to the jurors during the cross. Rather, the loop may be closed in closing argument when you unveil the flaw and the jurors comprehend the full impact of the examination. Michael Tiger describes the effect [...]

CROSS-EXAMINATION ROOKIE MISTAKE #1: PITTING

Don’t Ruin Your Cross-ExaminationCross-examination intended to compel the witness to contradict another witness by calling the other witness a liar is called “pitting,” and it is a rookie mistake and reversible error in this nation. Michael E. Tigar noted notes that this isn’t true elsewhere around the world: “The rules limit your ability to ask [...]

ON CONFLICTS IN TESTIMONY AND CLIENT COOPERATION

Horace Rumpole, the fictional Old Bailey barrister, once said that he could win most of his cases if it weren’t for his clients. Some clients display a stubborn insistence upon ignoring your advice or otherwise undermining your efforts to help them. Sometimes, despite your best efforts on the part of your client, he will say [...]