MacCarthy on Cross-Examination
Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book—looking good, telling a story, and using short statements—you can take control of your cross...
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\ Acknowledgments xi\ About the Author xv\ Introduction 1\ The Purpose of This Book 7\ The System 7\ Change Your Thinking 8\ What Will We Say, to Whom, and How? 11\ What Are We Going to Say? 11\ To Whom Are We Going to Tell Our Story? 11\ How Are We Going to Say What We Have to Say? 13\ A Brief Interlude 17\ An Early Cross-Examination: Susanna and the Elders 23\ The Bad, the Ugly, and the Good 25\ The Bad News 25\ The Witness 25\ The Perry Mason Syndrome 26\ Old School Cross-Examination 28\ The Ugly News 31\ The Good News 36\ Three Miscellaneous Considerations 39\ The Purposes of Cross-Examination: Looking Good 39\ Three Housekeeping Rules 44\ Primacy and Recency 47\ The System, Part I: "Short" 65\ Three Reasons to Be Short 66\ How Short Can You Get Your Cross-Examination? 67\ How to Make Your Cross-Examination Short 67\ Transitions 68\ Example of Cross-Examination Using the System 71\ Looping 73\ The System, Part II: Statements 77\ The Three Ways You Can Do Cross-Examination 77\ The Law 83\ The System Has a Philosophy 87\ Crafting Your Statements 91\ Details 94\ Terms 95\ Organization-Source of Materials 101\ Witness Statements 101\ Verisimilitude 102\ Plausibility 105\ The System, Part III: Control 113\ Pace 114\ Listen 115\ The Intractable Witness 120\ Exceptions 127\ Safe Havens-What to Do When You Get Hurt 131\ Additional Considerations 135\ Possible Exceptions to the System 135\ Misdirection 137\ Ethical Considerations 141\ Why the System Works 143\ Examples of Cross-Examination 146\ Terence F. MacCarthy (Chicago, Illinois)-Cross-examination of a psychiatrist in a federal bank robbery 146\ Michael A. Sherman (Santa Monica, California)-Cross-examination of a plaintiff's CEO in a civil trade secrets case 167\ Alison Siegler (Chicago, Illinois)-Cross-examination of a prosecution witness in a federal narcotics case 170\ Steven R. Shanin (Chicago, Illinois)-Cross-examination of a police detective in a federal narcotics case 176\ James Mercante (New York, New York)-Cross-examination of a captain in an admiralty case 186\ Heather E. Williams (Tucson, Arizona)-Cross-examination of a county sheriff officer in a federal murder case 195\ John Buckley, Ungaretti & Harris, Chicago, Illinois-Cross-examination of a securities trading firm 215\ Index 219
