Terry MacCarthy on Cross Examination - Part 4
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- čas přidán 24. 06. 2013
- The fourth in a series of lectures Mr. MacCarthy gave at Stetson which he has graciously allowed me to post here. Terry is a good friend, and a National Treasure! I commend him to you wholeheartedly. He is the master of teaching cross.
On part 4, and we seem to be getting really close to actually hearing about the system!
Man he's so annoying. Hating on younger but clearly you can see some imitation
Can I get a copy of the outline?
7:23 “I get you to say things you don’t want to say” .. how could this be part of justice? MANIPULATIVE. As an average person, I find this unscrupulous, plainly and simple disgusting!
Justice-take it from the Supreme Court: “Cross-examination is the principle means by which the believability of a witness and the truth of his or her testimony are tested.” (Davis v. Alaska). Point of fact: sometimes witnesses don’t tell the truth (or they tell it slant) on direct. Through cross you can point out inconsistent statements, contradictions, etc. In other words, you can get to the truth. Sometimes on direct that truth isn’t revealed.
Good questions! You have to ask yourself, "why doesn't the witness want to say those things," and then you start to understand cross examination.
You get them to tell the complete truth. Truth is something the witness does not want to say.