The dream cross of every trial lawyer has to be a T.V.-type Perry Mason examination of the witness in which he not only breaks down, but confesses to things he hasn’t even done. While that might be the reality of a 30-minute television show, it is rarely reality in the courtroom. If conducted properly, though, cross-examination can, and will, serve two important goals: It will highlight favorable testimony and discredit unfavorable testimony. Put another way, cross can enhance helpful testimony and discredit unreliable or untrustworthy testimony.
To secure these goals, however, the trial lawyer should start preparation for the cross in reverse trial order. The first thing that must be done is to carefully review the jury charge. Knowledge of the requisite elements of the charge will lay the groundwork for a compelling summation. Clearly, thought must be given to the summation before witness examination ever takes place. All of the witnesses are examined for one purpose: to create a clear, compelling and winning argument for summation.
