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Cross-Examination Purpose & Goals | Houston Criminal Law

Dan Cogdell | 1297 Views | 08/26/2015

Cross-Examination Goals

Hello, I’m Dan Cogdell. I’m a lawyer here in Houston. I’ve been practicing law in Texas for 32 years. I want to talk to you briefly about the notion of cross-examination in criminal cases, what it’s purpose is and what you’re trying to accomplish.

Control the Witness

On cross-examination you have several goals in play. Sometimes it wants sometimes in conflict with each other. But rule number one is control the witness. Whether you minimize the amount of negative information that witness is trying to spew on your client or you maximize the positive information that you’re trying to get out of that witness. You have to control the witness.

Don’t be Hostile

The second thing you need to do on cross-examination is make sure that you focus on the areas that are consistent with your clients innocence, or constant with a verdict, or not guilty and not simply repeat on cross-examination the negative information that the prosecutor drew out of that witness on their examination. It’s called cross-examination but it needn’t be hostile examination. I have found in my practice like the old saw sometimes you get more with sugar than you do with vinegar can be quite true.

Just because they call it cross-examination doesn’t mean that you should be hostile, you should be abusive or you should be court to a witness. Try to get it the easy way first and not be controversial or unnecessarily controversial. If you have questions about cross-examination, if you have questions about your criminal case at all call us. We’re happy to help if we can. If we’re not the right firm for you we’ll try to refer to to somebody who might be a better fit. Thank you for listening.

By: Dan Cogdell

Cross-Examination Purpose & Goals | Houston Criminal Law

Cross-Examination Goals

Hello, I’m Dan Cogdell. I’m a lawyer here in Houston. I’ve been practicing law in Texas for 32 years. I want to talk to you briefly about the notion of cross-examination in criminal cases, what it’s purpose is and what you’re trying to accomplish.

Control the Witness

On cross-examination you have several goals in play. Sometimes it wants sometimes in conflict with each other. But rule number one is control the witness. Whether you minimize the amount of negative information that witness is trying to spew on your client or you maximize the positive information that you’re trying to get out of that witness. You have to control the witness.

Don’t be Hostile

The second thing you need to do on cross-examination is make sure that you focus on the areas that are consistent with your clients innocence, or constant with a verdict, or not guilty and not simply repeat on cross-examination the negative information that the prosecutor drew out of that witness on their examination. It’s called cross-examination but it needn’t be hostile examination. I have found in my practice like the old saw sometimes you get more with sugar than you do with vinegar can be quite true.

Just because they call it cross-examination doesn’t mean that you should be hostile, you should be abusive or you should be court to a witness. Try to get it the easy way first and not be controversial or unnecessarily controversial. If you have questions about cross-examination, if you have questions about your criminal case at all call us. We’re happy to help if we can. If we’re not the right firm for you we’ll try to refer to to somebody who might be a better fit. Thank you for listening.

By: Dan Cogdell