Successful Cross-Examinations Start with a Detailed Report
No one looks forward to taking the witness stand and being cross-examined. The bad news is as a law enforcement officer, you will experience cross-examination at least once during your career. The good news is you can prepare for cross-examination that will result in a successful result.
Preparation for cross-examination begins by writing detailed reports during your investigation. The more detail, the less ammunition a defense attorney will have to use against you. Furthermore, thorough reports will aid your memory as you prepare to take the stand and provide confidence as you are questioned. Comprehensive reports also assist the prosecutor in preparing the case for trial.
Meeting with the prosecutor is another key step for cross-examination preparation. Never take the witness stand in a trial without first meeting with the prosecuting attorney. They will discuss the possible areas of questioning to expect and specific issues that may arise during your testimony. The more you know in advance, the more confident you will be on the day of your court appearance.
After taking these steps to prepare, what should you do when confronted on the witness stand by the defense? Breathe. Stop and listen to the defense attorney’s entire question. Wait a few seconds, think about your answer and then proceed.
Cross-examination questions tend to come at a fast pace so that you will answer without truly listening to the question or thinking about your answer. Do not fall for this trap. Take all the time you need, ask that the question be repeated or rephrased if needed, and answer only the questions asked of you. Volunteering information rarely turns out well. Often, it is then used to pursue a line of questioning you did not anticipate.
The same is true for speculation. Do not take the stand and guess what may have happened or what an individual was thinking. Your job is to tell the facts. If defense counsel asks a question requiring a speculative answer, wait for the prosecutor to object and the court’s ruling on the objection before answering. The same holds when attorneys make objections on either side of the case. Once you hear the word objection, wait for the court’s ruling before answering the question.
Be prepared for defense counsel to use a variety of tactics. As previously mentioned, rapid-fire questioning is standard, as is asking for speculative answers. Attorneys also may mischaracterize your testimony on direct questioning and ask you to agree with them. Once again, listening carefully to the questions will prevent you from falling into this trap. If you find your testimony being mischaracterized, politely disagree. Do not argue with defense counsel. Remember, you are a professional. Your demeanor on the witness stand is just as important as your testimony. The jury is watching you and your reactions. If you lose your temper or try to outsmart opposing counsel, the jury may ignore your testimony and focus on your behavior.
Lastly, and most importantly, always tell the truth when on the witness stand, whether during cross or direct examination. A case does not exist that is worth sacrificing your integrity. Tell the jury if you are asked to answer a question and are not qualified to provide the answer. Do not guess. If you are asked a question, and you do not remember the answer, do not guess. If you are asked a question, and you don’t know the answer, do not guess. Guessing or making up an answer will call your testimony into question. The same holds if you are asked a question, and you should concede opposing counsel is correct. Don’t be defensive - concede the point. Arguing with counsel or refusing to consent will call your credibility into question. Your case will suffer in the end.
Cross-examination should not be met with fear, but with confidence.
A well-written report, preparation with your prosecutor and on your own, and demonstrating a professional attitude throughout your testimony will ensure your success.
