Cross is Not Supposed to Be Angry
Mark Bennett | February 17, 2009
Via Norm Kent (The Broward Law Blog), a prosecutor loses his cool during cross-examination:
Stacey Castor questioned about day her daughter fell ill
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Complex Questions and Children
Mark Bennett | January 22, 2009
Here is an article (Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts [sic] Convictions in Child Abuse Trials) from the Journal of Law and Human Behavior describing a study using automated linguistic analysis finding that the complexity of the questions asked by defense counsel in a child sex abuse case predicts the outcome [...]
Say It. Draw It. Act It.
Mark Bennett | January 15, 2009
Check out Vrij et al., Outsmarting the Liars: The Benefit of Asking Unanticipated Questions (PDF), from Law and Human Behavior (June 2008). Vrij notes that
If investigators interview individual suspects once (with no factual information about the case), they tend to rely more on noverbal cues than verbal cues to detect deceit. However, when investigators [...]
Book Review: Your Witness
Mark Bennett | June 26, 2008
Richard “Racehorse” Haynes is the only person I know who has a nickname for his nickname. He’s “Racehorse” to the world and “Race” (or just “Richard”) to the his “brothers and sisters of the bar”.
I mention Richard because there are a very few lawyers — and Richard is one of them — whose tales a [...]
A Cross-Examination Photo
Mark Bennett | June 13, 2008
Sometimes the best you can hope for is for the rope to break.
Racehorse Haynes in Trial
Mark Bennett | June 2, 2008
Richard “Racehorse” Haynes is, as we say in Texas, one tough sumbitch. He tried 11 jury trials last year (did you? I sure didn’t), and he’s in trial again now — at age 82.
A reader writes:
I thought that your readers might like to know that opening statements start tomorrow at 9 am in United States [...]
Hit Me Again, Baby!
Mark Bennett | November 13, 2007
Today while cross-examining my client, the prosecutor took two verbal swings at me personally. He suggested that I was responsible for my client’s account of the facts and suggested that I was calling the state’s witnesses liars.
What does that mean?
The Motorcycle Rule of Cross-Examination
Mark Bennett | November 7, 2007
When cross-examining an unknown witness, you must observe the Motorcycle Rule. This is the rule that kept me alive through years of riding a motorcycle in Houston traffic (for a while, I had no usable car, and rode everywhere). The Motorcycle Rule, for those not familiar with it, is this:
They are all out [...]
Crossing the Doctor — Gathering Your Pebbles
Mark Bennett | November 1, 2007
So you chose a narrow field of inquiry on which to cross-examine the State’s expert, and you gathered a list of journal articles that might relate to the narrow field of inquiry. What next?
Find a good medical library. Any medical school should have a a library that has most of the publications we’ll be looking [...]
Terry MacCarthy in Plano
Mark Bennett | November 1, 2007
The Center for American and International Law in Plano, Texas is presenting a cross-examination and impeachment seminar for the criminal defense bar December 13-14, 2007. Terry MacCarthy is the lead speaker.
I recommend this seminar highly. Most of us could use more cross-examination training, and Terry is one of the best teachers. I would plan to [...]
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