Remove Closing Argument Remove Cross-Examination Remove Witnesses
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THE CHARACTER WITNESS CONUNDRUM

Temple University Beasley School of Law - Advocacy

And character testimony may be challenged on cross-examination. The witness is asked “are you aware” or “have you heard” that defendant X was convicted in 2018 of [name of crime]. And if the person says “no, I never heard about that conviction,” the prosecution thesis in closing argument is simple.

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This Was a HORRIBLE Example of What Lawyers SHOULD NOT Do During Closing Arguments

Gerry Oginski's New York Legal Blog

He appeared to be in his 80's and had difficulty controlling the doctor on the witness stand. He couldn't control the witness and it showed. He took charge of the entire courtroom when he stood up and introduced himself to the anesthesiologist on the witness stand. The problem was that he was well past his prime.

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BLINDERED BY THE LIE

Temple University Beasley School of Law - Advocacy

They came to mind, sadly, when reviewing a defense lawyer’s attempt to impeach a cooperating witness. Decades ago I witnessed this malady in a more general form, a lawyer impeaching a witness only to make the case worse for the accused. Was the witness impeached with an inconsistency? What do I mean? But this lawyer?

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Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

Visualize witness examinations. Watch your client’s demeanor as he or she is cross-examined as well. Imagine the actual cross-examination to help you prepare ways to preemptively neutralize it. Both consciously and unconsciously, their arguments have been percolating in your mind for months.

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Why the BEST Trial Lawyers in New York DON'T Do a Touchdown Dance When They Score Points at Trial

Gerry Oginski's New York Legal Blog

The jury will hear the defense witnesses. The jury will get to listen to cross-examination of the defense witnesses. They will also be watching closely cross examination of your witnesses. During cross examination, an attorney's goal is to show that the witness is lying.

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POLARIZE THE CASE

Temple University Beasley School of Law - Advocacy

In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’ When showing a witness’ bias, you need not call them out as a liar; instead, simply argue in closing “and the witness, who testified for the defendant – it’s their mother.”

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Why Would an Attorney BUY the Trial Transcript During Your Trial?

Gerry Oginski's New York Legal Blog

There's a chair next to the judge, for the witness to testify. Then you notice there's a chair and some device on a tripod right in front of the witness' chair. Importantly, she will record every word the witness says. Having the actual transcript is extremely useful during cross examination of a witness.