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How do I survive being cross-examined?



 
 
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  #1  
Old July 22nd 08, 01:28 PM
totallystressed totallystressed is offline
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Posts: 3
Default How do I survive being cross-examined?

Help!

I am shortly facing court as a witness for the prosecution. The defendant is apparently going to be representing himself and so will be asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.
  #2  
Old July 22nd 08, 01:56 PM
amiducour amiducour is offline
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Location: West Yorkshire
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Default

Quote:
Originally Posted by totallystressed View Post
Help!

I am shortly facing court as a witness for the prosecution. The defendant is apparently going to be representing himself and so will be asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.
Only answer the questions asked - do not volunteer information. Try to confine yourself to 'yes/no' replies. Don't be rushed, think about your answer before you give it.
Stay calm if an attempt is made to provoke you, don't get into arguing with the cross examiner, try to forget he/she is the defendant and keep it neutral. Most important (sorry for the caps it's not shouting but emphasis) DON'T VOLUNTEER INFORMATION THAT WASN'T ASKED FOR.
  #3  
Old July 22nd 08, 07:38 PM posted to uk.legal
Norman Wells
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Posts: 945
Default How do I survive being cross-examined?

totallystressed wrote:
Help!

I am shortly facing court as a witness for the prosecution. The
defendant is apparently going to be representing himself and so will
be asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.


Stay calm at all times, factual, truthful and unemotional. The judge will
look after you, and will refuse to allow intimidation or irrelevant
questions. Don't get annoyed at anything. If the defendant gets annoyed,
he will be harming his own case, so don't worry about it.

  #4  
Old July 22nd 08, 09:07 PM posted to uk.legal
Mike
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Posts: 2,493
Default How do I survive being cross-examined?

On Tue, 22 Jul 2008 13:28:51 +0100, totallystressed
wrote:

I am shortly facing court as a witness for the prosecution. The
defendant is apparently going to be representing himself and so will be
asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.


In addition to the advice already given, a good technique is to turn
to the judge and answer questions towards him as if he'd asked them.
This is an accepted practice and tends to disconcert an unrepresented
defendent if there's no eye contact while you're giving your answers.

And, whatever the defendent says, stay calm, cool and collected.
Don't rise to provocation.

Mike.

  #5  
Old July 23rd 08, 01:43 AM posted to uk.legal
R. Mark Clayton
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Posts: 1,738
Default How do I survive being cross-examined?


"totallystressed" wrote in
message ...

Help!

I am shortly facing court as a witness for the prosecution. The
defendant is apparently going to be representing himself and so will be
asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.



The judge will tend to be soft on improper questioning.

Take your own lawyer.



--
totallystressed



  #6  
Old July 23rd 08, 07:57 AM posted to uk.legal
Bystander
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Posts: 734
Default How do I survive being cross-examined?

You should be assisted by Witness Support at the court. They will brief you on procedure
(but not the case) and answer any questions. The judge will, especially in this type of
case, have a duty to ensure that cross examination is fair and courteous. It's a stressful
situation, but the courts have put a lot of thought into looking after witnesses in recent
years.
  #7  
Old July 23rd 08, 12:54 PM
totallystressed totallystressed is offline
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First recorded activity at LegalBanter: Jul 2008
Posts: 3
Default

Quote:
Originally Posted by amiducour View Post
Only answer the questions asked - do not volunteer information. Try to confine yourself to 'yes/no' replies. Don't be rushed, think about your answer before you give it.
Stay calm if an attempt is made to provoke you, don't get into arguing with the cross examiner, try to forget he/she is the defendant and keep it neutral. Most important (sorry for the caps it's not shouting but emphasis) DON'T VOLUNTEER INFORMATION THAT WASN'T ASKED FOR.
Hi,

Thanks for your advice. I have seen this happen in a recent criminal drama. I did wonder though that it might seem as if I am being awkward and purposefully trying to hamper the proceedings.

Is keeping my answers confined to yes/no an accepted practice in court? Does it annoy the judge?

I look forward to your reply.

Thanks
  #8  
Old July 23rd 08, 07:25 PM posted to uk.legal
Steve Walker
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Posts: 5,020
Default How do I survive being cross-examined?

Mike wrote:
On Tue, 22 Jul 2008 13:28:51 +0100, totallystressed
wrote:

I am shortly facing court as a witness for the prosecution. The
defendant is apparently going to be representing himself and so will
be asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.


In addition to the advice already given, a good technique is to turn
to the judge and answer questions towards him as if he'd asked them.
This is an accepted practice and tends to disconcert an unrepresented
defendent if there's no eye contact while you're giving your answers.


Best advice so far. Listen to the question impassively, with a minimum of
eye contact with the defendant. Then turn towards the Judge and deliver
your reply in that direction.

If you're feeling stressed or upset, say so and ask for a break. The Judge
will step in if you're being bullied.


  #9  
Old July 24th 08, 09:37 AM posted to uk.legal
Hopeless
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Posts: 6
Default How do I survive being cross-examined?

totallystressed wrote:
Help!

I am shortly facing court as a witness for the prosecution. The
defendant is apparently going to be representing himself and so will be
asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.


Obvious answer is to simply tell the truth....but that might not be wise :-)
  #10  
Old July 24th 08, 12:01 PM posted to uk.legal
David J
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Posts: 337
Default How do I survive being cross-examined?

On Thu, 24 Jul 2008 09:37:28 +0100, Hopeless wrote:

totallystressed wrote:
Help!

I am shortly facing court as a witness for the prosecution. The
defendant is apparently going to be representing himself and so will be
asking the cross-examination questions.

The offences are harassment and threats to kill.

Has anyone got any tips to help me? All help is much appreciated.


Obvious answer is to simply tell the truth....but that might not be wise :-)


In my experience (from public galleries) is that courts are frequently
a Theatre of Lies. The defendant lies, the police (frequently) lie.
The procecution lawyers lie. All in the hope of confusing/bamboozling
the jury or the magistate.

Seldom does anyone get charged with perjury after these antics. Why?

 




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