This is another in the series of articles here focusing on the methodology that is key to an effective cross-examination. The methodology has four components:
1st – CONTENT – how to select the content of your cross
2nd – CONSTRUCTIONS – how to construct the cross – form of the questions. Transitions. Sequencing.
3rd – CHARACTER – how to behave during cross so project fairness to the jury
4th – CONTROL – how to control the witness – particularly the evasive and runaway ones
Here we examine the fourth—CONTROL of the witness.
The late great Irving Younger gave us the 10 COMMANDMENTS OF CROSS
1. Be brief
2. Short questions
4. Know answer
5. Listen answer
6. No quarrelling
7. No explanation
8. Don’t repeat direct
9. Avoid too many questions
10. Persuade during closing not cross
Follow these or suffer the consequences. Follow these commandments and you control the witness. Watch Professor Younger lecture on the Ten Commandments.