Use good common sense in the simulated event below to come up with the right answer. . Here are a few examples from the book, of how you might prepare the cross-examination of a police officer in a police misconduct case: Bias/Credibility. A: 40. Nadine Nasser Donovan, Esq., is a former trial lawyer with extensive litigation experience. While on routine patrol, Officer Smith was radioed about a robbery that just took place at the downtown . Cross-examination from that date is recognisable as being almost identical to the provisions applying to cross-examination today. . Cross Examination Questions: The purpose of these set of questions is to establish that accused in this case were unlawfully arrested and searched. In practice, this involves questions that affect the credibility of the officer and their opinion that you committed a traffic violation. The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses ). 1) Strike telling blows with the first few ques-tions, but save some meaningful questions for the end of the cross-examination. It usually consists of two kinds of questions -- (1) those designed to bring out additional facts and details about the events that were not brought out during the direct examination, and (2) those intended to . 1 August 2007. Do You Need To Cross-Examine The Police? Below, and reproduced in full, is the article I wrote for the Kentucky Justice Association's publication, 'The Advocate.' It was printed and distributed in September, 2014. It's a pretty good read. a strategic decision is made not to follow up—the best question is no question at all. The work mistake I have seen over the years by adverse counsel in their cross examinations of my clients involve forgetting the point of cross examination and turning . For those people, we are sharing this - our guide to cross examination of a Radar officer. . Sample Cross-Examination Questions That the Prosecutor May Ask If you have prepared properly and understand the areas of your testimony that the prosecution will most likely attempt to impeach you with then the following types of questions will not come as a surprise. Topics for Police Cross-Examination. Example: that could be used in a direct examination of an investigating officer . Q: To, perhaps, negotiate a plea with the defense attorney? MCQs form the backbone of police test questions. Yes, sir. AVOID any questions that can or do lead to dealing with MERITS! The cross-examination of the arresting officer in a DWI case provides a classic opportunity to use this method of cross-examination. As Phil Boulten SC once said, a case rarely looks better for the . STEP ONE: OBTAIN FAVORABLE POLICE TESTIMONY: In order to expose false testimony, the arresting officers should be subjected to cross examination early in the case, when their memories are still fresh and they have not had a chance to be prepared by the prosecutor . The sample questions were created for probable cause hearings in criminal cases, but they may be useful for such hearings in juvenile cases. It's a pretty good read. You stated that you've been trained in recognizing illegal substances, and suspicious behaviors A: Yes. During cross-examination our goal is to: Question the reliability of the officer's statements; Introduce doubt into the minds' of the jury; Accentuate the positive for our client; for example, point out what the client did right; Search for any evidence of police officer misconduct; Determine if the officer's testimony aligns with the dash cam . This is an extract of our Cross Examination Police Officer document, which we sell as part of our Criminal Advocacy Notes collection written by the top tier of City Law School students. Cross Examination Questions Edited | PDF | Arrest | Search Warrant. Through preparation of your case, and a basic knowledge of the fundamentals of cross, you can set up a winning summation by scoring points during the cross examination of each witness. Drive, and any grammatical variation thereof (driver, driving, driven, etc.) challenge the other party's evidence (that is . Many expert witnesses may be impeached in this manner. It is a crime that seems to touch every one. Q: How long have you been a police officer? But successful cross-examination is not about charisma and oratory skills; rather, effectively utilizing cross-examination questions is about excellent preparation, or hard work . Field Sobriety Test Results • What was the date, time and duration of the incident or behavior? It may be worthwhile, either at the start or finish of your cross-examination, to show the jury that the officer really isn't much more than a parrot when it comes to understanding the science. A: I've been a police officer for 21 years. You are asked to either select the correct answer, or to select the "most accurate" answer from the choices provided. • Your expertise is in (state current position) and not in child abuse? Police Officer . 6. And with the New York City police department you are required to be. • Where did it happen? • You have not received any formal training in (state type of injury at issue in the case)? A: Yes, that is correct. It is a crime that seems to touch every one. Once your attorney asks questions leading to such impeaching evidence, the officer's credibility will be tainted for the remainder of the cross-examination and . Cross-examination is an effective way for the defense to present evidence by using government witnesses. During the reading comprehension test, you may also be asked true/false type questions. C ross-examination is one of the most adversarial, heated, and hostile parts of a trial. Who to arrest? Despite two other eyewitnesses—the two police officers who arrested the defendant—the jury acquitted after approximately 45 minutes of deliberations. At around 12:30 am of November 25, 2011, you and your Sample Direct Examination-Civil Case. • How did it happen? Before conducting the cross-examination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as well as the basic principals of forensics . Better example cross-examination: The police caught you while you were running away from the shoppette. . Sample Cross Examination Questions Police Officer §3:26 Prosecutor's Direct Examination of Officer §3:27 Defense Cross-Examination 2. Who? To an outsider, a cross examination might seem like a series of random questions, but the process is actually incredibly well-planned and requires hours of preparatory work. Friends. • You are not a certified child abuse specialist? Evidence submitted during a suppression hearing usually includes subjective testimony (based on an officer's police reports) and objective . In the case of a speeding ticket, generally there will be only one witness - the police officer who issued the ticket. She has been on the SEAK faculty since 2002 and has trained hundreds of experts. _____ Police Academy _____ SFST training Cross-examination is the climax of any good lawyer . Rick's book offers many examples of questions to ask on direct and . BASIC CROSS-EXAMINATION OF THE DUI ARRESTING OFFICER: Accentuate the Positive and Watch the Dog and Ponies INTRODUCTION. A. Cross-examination is the art of asking simple questions in the right order. to ask the witness questions about any evidence they gave earlier that you don't think is correct. Hon. Transportation . Attorney in an auto accident trial will ask whether this happened at an intersection, and whether there were any traffic control devices at the intersection. First, know exactly what your purpose is and structure the examination accordingly. The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses ). pares his cross-examination before the trial. • Your expertise is in (state current position) and not in child abuse? . I know about these things. Those questions are asked at an auto accident trial to set up where they were when the accident happened. Q: Which includes preparing a direct examination? A thorough cross-examination of a police officer could, for example, reveal that the results of a field sobriety test were not graded per the manual's guidelines but by officer's subjective viewpoint of the defendant, or the tests were conducted completely incorrectly. Prior to embarking upon a hearing, an advocate needs to make a decision, based on a Q. I am a trained police officer. • Do you have any witnesses who can corroborate your whereabouts at the time of the incident? An officer could say he smelled alcohol on your breath and arrested you. They caught you with the .44 magnum. Officer you stated that you've been a police officer for __ years. Why Cross-Examination is Crucial to Your Case. trained in different parts of your practice. 1. Sample Questions for the Respondent • What happened? Maryland Personal Injury Lawyers. Here, you are asked a question and offered 4 possible answers. Officer Cross Examination on Field Sobriety Tests: Throw the Manual at Them. 4. A: Yes. On direct-examination, the officer testifies to Direct examination questions should be modified to match the facts of each case, and the witness's own experience and background, as well as individual style. (Read a chapter from the book here, on . A: Unfortunately, that's true. ~~ ~~ Judge, for my own . Q: What shift? An open- minded judge may allow you to use this as a voir dire of the officer to preclude DRE testimony from coming before the jury. You can ask questions that range from the general to the specific. Casing the Neighborhood §3:28 Common Fact Pattern §3:29 Strategy §3:30 Angles of Attack §3:31 Cross-Examination 3. It is without question that the crime of Driving Under the Influence is given a great deal of attention by the legislature, courts, media and public in general, year in and year out. The results of the breath alcohol test were printed out onto a ticket at 8:02 a.m., creating a maximum observation period of twenty-one minutes. Relevant questions will typically be related to whether the evidence against you is reliable. Edition). Enjoy. 5. The above are just a few simple examples of questions where knowledge of the law can play a significant role in helping to shape the cross-examination undertaken by an advocate concerning a given factual scenario. A. CROSS-EXAMINATION Cross-examination of witnesses called by the opposing party is an absolute right in both civil and criminal cases. It's essential to know the ins and outs of the case in order to ask just the right questions. o Officers conducted a custodial interrogation without a Miranda warning or with an incorrect Miranda warning. Q: And you've learned that, prior to the trial, you may have little or no contact with the prosecutor? For example, in cross-examination, you can: ask leading questions, and. Q: How many hours a week do you work? Q: Of you? 2004) provides a comprehensive and exhaustive discussion of this approach. Personnel file, p. 4 [Was the officer disciplined for making statements that raise questions of bias or credibility?] Motor Vehicle . Cross-examination is to a lawyer as is the breakaway shot is to the hockey player, the Oscar-winning monologue to the actor, or the entrée to a very good meal. A: That's right. Preparation. Sample Cross Examination. 6. In reality, over the course of their careers, most law enforcement officers rarely testify during actual trials. The police officer may also arrest a person or may sign a criminal complaint against them if there is probable cause to believe that an act of domestic violence has been committed even if there is no injury. Testifying And Cross-Examination in Florida. and the jury. SAMPLE CROSS EXAMINATION OF POLICE OFFICER. A good cross examination is a laser focused examination of what a witness has already testified to that allows you to question, exacerbate or challenge already given testimony. He can be contacted at 978-276-1234 or jim@seak.com. • You are not a certified child abuse specialist? They caught you with the shoppette's money. consider the "good and the bad" based upon evidence adduced during direct and cross examination of the witnesses (which often involves the use of a . John Paul Stevens, dissenting in U.S. v Salerno, 505 U.S. 317 (1992) If there is one skill at which the trial lawyer must excel, it's cross examination. Speeding Ticket. Police Officer Written Exam Sample Test Question: 1. Sometimes there may be two of them. 4 Strategies to Conduct an Efficient Cross Examination . Enjoy. In some domestic violence cases, there are cross complaints against each other and each party might have signed of injury. While cross-examining, you're generally allowed to ask any questions that are relevant to whether you committed the traffic violation you were cited for. you can ask any questions during cross-examination so long as they are relevant . The five most common ways to attack police officers on cross-examination are: Perception Memory Bias Acts of untruthfulness [1] Prior inconsistent statements. She is licensed to practice law in New York, Massachusetts, and Rhode Island. [2] Attacks on an officer's perception, memory and bias are common law impeachment modes. In any court proceedings you have the right to confront the witness who testifies against you. A: Yes. to ask the witness questions about any evidence they gave earlier that you don't think is correct. This is, of course, why it makes for the best scenes in courtroom dramas. Through cross examination the accused is able to challenge the evidence and assertions against him. Becoming an expert on the subject you are cross-examining about does two . CROSS EXAM OF EXPERTS (Sample Questions) Challenge Credentials: • You do not have a degree from an accredited university? What did they say? Understand? They must carefully choose cross-examination topics in order to effectively undermine the prosecution's case. Additional examples appear in the Appendix. Goal Questions on cross-examination: You are an armed robber. Their unimpeachable testimony stands up to grueling cross-examination, and the suspect goes to prison for life. All names have been changed.] The questions are not designed to replace the specific, detailed questioning of witnesses necessary to Obviously, this second example is very exaggerated. Upon reflection, what actually happened was not so clear. A defense attorney skilled in cross-examination will ask the officer pointed questions. On cross, the attorney should be asking questions that develop the defense's theory of the case theory of the case. Cross-examination is perhaps one of the most fundamental components of an accused's rights at trial. Cross-examination is an opportunity for the defense attorney to question the prosecution's witnesses during a trial. A: 3rd shift. Knowing the facts of the case is not enough. 2) Ask simple questions so that people of ordi- There are few topics in the law written on as extensively as cross-examination. You will see commentary by me at key points in the transcripts in red brackets. Preparation is the driving force behind the successful cross-examination of a witness. In this article, I have attached a sample test question to help you prepare for the police officer exam. And often what seasoned trial lawyers look forward to! • Where were you when the alleged incident occurred? But I hope the point is made that the "perfect witness" will ultimately come across often as pompous and more important as incredible. You were caught red handed. It is without question that the crime of Driving Under the Influence is given a great deal of attention by the legislature, courts, media and public in general, year in and year out. We are always here to help. Contents • Did anyone else see it happen? • Was there physical contact? Through thorough preparation, the trial attorney should become an expert on the subject at issue—no matter how temporary. In the Anglo American legal system, cross examination is the principal means of undermining the credibility of a witness whose testimony is false or inaccurate. o The request for counsel was not honored. Through cross-examination, lies can be exposed and the truth advanced. Cross-examination usually can cover anything that is relevant to deciding the outcome of the case. admissible is critical in doing a trial and cross examining a police officer. Even if there is more than one witness, generally they will be police . 1. Following are sample transcripts that include the state's direct examination as well the defense attorney's cross-examination of state experts. REVIEW OF DOCUMENTS. However, the examples are not intended to be slavishly followed. 9 of Larry S. Pozner & Roger J. Dodd, Cross-Examination: Science & Techniques, (2d ed. In this excerpt, there are two points that I'm trying to establish: 1) that the police did not have probable cause to enter Janet Smith's apartment, and 2) that Smith's consent was not voluntary. For example, in cross-examination, you can: ask leading questions, and. Friends. You stated that you've been trained in recognizing illegal substances, and suspicious behaviors • You have not received any formal training in (state type of injury at issue in the case)? If the respondent denies that the incident occurred, ask: • Is there any reason anyone would invent or lie about the incident? Officer asks questions constituting divided . SAMPLE CROSS EXAMINATION OF POLICE OFFICER REVIEW OF DOCUMENTS Officer you stated that you've been a police officer for __ years. Cross Examination. Attorney will ask them what the speed limit and how fast they were going. o Police questioned the defendant after the right to remain silent was invoked. How long have you worked for the _____ police department What prior LEO experience do you have (only ask question if officer has prior LEO experience) What special training, if any, have you had in the field of detecting and apprehending drivers impaired by alcohol or drugs? Proving your innocence can be challenging in a DWI case, especially when it is your word against a respected police officer's. That is why you need to work with a legal professional who knows how to cross-examine an officer in an effective manner. 4. • How many times did this happen? Acts of untruthfulness and inconsistent statements are addressed by the Federal Rules of Evidence. For example, if a police officer receives a call from another driver that you were swerving all over the . Section 90.608 (2), Florida Statutes provides that a witness' credibility can be challenged by . Officer Cross Examination on Field Sobriety Tests: Throw the Manual at Them. o Officers conducted a custodial interrogation and there was no Scales tape. Q: To prepare for trial? Q. When I begin the cross-examination, I am fully . Cross examination is defined as the method that lawyers use to get information from a witness. Here are transcripts of actual cross-examinations which I have gathered from some excellent attorneys. 3. The pregnant clerk got a good look at you. Below, and reproduced in full, is the article I wrote for the Kentucky Justice Association's publication, 'The Advocate.' It was printed and distributed in September, 2014. challenge the other party's evidence (that is . Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Have command of the case. The best time to introduce evidence to impeach the arresting officer's character is during his or her cross-examination. Effective and meaningful cross-examination can vindicate the innocent. Cross-examination Practice Script v03.08.2013-001 This information is brought to you by: . Nonetheless, it can be done. Sample Cross-Examination Questions Sample Questions for the Complainant • What happened? Cross Examination is when your lawyer gets to ask the police officer questions about his investigation. 8 There are certain do's and don't's in the method or manner of cross-examination that are funda-mental. Experienced DUI defense attorneys in Orange County know that the arresting officer's testimony is often the most important part of the prosecution's case in any DUI trial. Officer, I want to begin by discussing your conversation with Hugo Cabret. If you have more questions, please fee free to contact us at Mr. During a cross examination, the lawyer will ask . And with the New York City police department you are required to be trained in different parts of your practice. Vehicle . Here are some example questions that can be asked of a police officer during cross-examination in traffic court: . Cross-examination involves relatively straightforward skills. 10 rules of cross-examination in criminal trials. Observations of the police officer 18. What did they do? She could identify you. Cross-Examination of Police Officers - Mark A. Epstein. These may not be all the questions you need to ask - but it is a good start for formulating your cross examination. CROSS EXAM OF EXPERTS (Sample Questions) Challenge Credentials: • You do not have a degree from an accredited university? The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal . Many of these are featured in my book, The Fearless Cross-Examiner: Win the Witness, Win the Case (Trial Guides 2016). Police officers are also trained in court testimony and may follow a particular "script" during your trial. Cross-examining the police officer who stopped your vehicle and gave you a traffic ticket is an important part of fighting your ticket in court. Here is a three-step approach that may be helpful. For the criminal defence lawyer, there are few things more important than cross-examination. BASIC CROSS-EXAMINATION OF THE DUI ARRESTING OFFICER: Accentuate the Positive and Watch the Dog and Ponies INTRODUCTION. The following questions are very basic and include only some aspects of certain offenses. The information that the witness gives is testimony. For example, in one jurisdiction that requires a twenty-minute observation period, the officer's report indicated that he arrived at the police station with the defendant at 7:41 a.m. Still, when they do, they are considered expert witnesses whose credibility can make, or break, a case. A. I am 100% sure. Direct-Examination of Accident Reconstructionist. Objects Cross-examination is the process whereby you seek: a To test the veracity and accuracy of the evidence in chief; and b To elicit from that witness any relevant facts, which may be favourable to Questions Leading to Impeaching the Officer's Character. In my experience, if a case is going to be won, it is usually during the prosecution case.
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