Académique Documents
Professionnel Documents
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OF POLICE OFFICERS
AND DETECTIVES: A
TACTICAL GUIDE
Presented By:
Jeffrey T. Schwartz, Esq.
225 Broadway, Suite 2100
New York, New York 10007
Outquick@aol.com
212- 766- 8020
LAW OFFICES OF JEFFREY T. SCHWARTZ
ATTORNEY AT LAW
THE TRANSPORTATION BUILDING
225 BROADWAY, SUITE 2100
NEW YORK, NEW YORK 10007
Tel. 212-766-8020
Cell 917-363-4433
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-It is a skill and art that must be studied, learned and practiced to do it
correctly and effectively. You can learn to be effective to some degree with
practice even if don't ultimately learn to feel comfortable with the process.
- Only on cross examination the person throwing the knife isn't a friend who
IS NOT trying to hurt you.
GENERAL SUGGESTIONS:
- Start with topics that can generally be done almost every trial- safe topics-
helps you calm and get into your groove. (ie. cops taught to testify and do it
regularly).
- Even if point is a small one sometimes small points are all you have.
- Advocates job is to make small points seem big (make mountains out of
mole-hills).
- Use your attitude, tone and demeanor to suggest to jurors that point is
important.
- If you don't convey points are important jury won’t believe they are.
- Use every witness to prove at least 1 point of your theory(the more the
merrier)
- Because after all, when you think about it, aren't they perceived as being
experts on law enforcement?
-Try to watch your PO testify on another case if opportunity arises to get feel for
him/her specifically
RULE-
Don't shmooze cops in hallway. Avoid letting them get friendly towards you or
feeling they are your equal. Will make them more comfortable and relaxed on
stand when testifying. Will make them more difficult to control.
- Useless! They are going to try to persuade jurors as best as they can anyway
- Use to being in position of power and not used to having authority questioned.
STYALISTIC SUGGESTIONS:
-Be condescending and sarcastic to them in friendly way with smile- ticks them
off
-Jurors don't like or trust what they perceive as nasty, mean or power hungry cops.
-Establish your authority and supremacy from outset with knowledge of police
procedure, how system works and knowledge and familiarity with paperwork.
-Get a copy of Patrol Guide (ie. inventory searches, checkpoints, when summons
issued).
-More often than not there exists a general mistrust of PO's and the way they
operate (and you will have chosen jurors with a healthy degree of that mistrust)
DETRACT FROM PO'S EFFECTIVENESS ON STAND:
-Brush up courses and memos in precinct all the time and in regular intervals
-Avoid who, what, when, where and why form questions (save that for direct)
-But make statements you can back up with discovery docs, statements of other
witnesses or physical evidence. (Remember: must always have good faith basis to
ask question).
-Have flow and direction. Cross is not the time for discovery.
-Know exactly what you want to get and where you want to get to (ie. GPS
navigation)
-Only a few strong points- knockout punches not jabs (unless jab establishes an
important small piece in the larger knockout puzzle)
-Have follow up no matter what the answer- never want to be shut down by
witness
-Always appear as if answer you got was one you wanted and expected
-Believe in the points you're making- will convey that message to jurors
THINGS CRITICAL TO KEEP IN MIND:
-All questions MUST have a point and advance the theory of your case- if not
don't bother
-Never ask a question you don't know the answer to (get answers during hearings)
-Don't hold out for Perry Mason moment- it isn't coming. It never does.
-If you score a knockout punch don't beat a dead horse. Leave it to be beaten to
death on your summation.
-Why? Don't give witness the opportunity to correct knockout- hope adversary
forgets on redirect. You will be surprised how often they do.
-Don't ask question just to hear yourself speak- you don't get paid by the word
-Consider lunch, evening and weekend breaks and how it will leave jurors
thinking and how it might affect adversaries additional preparation time.
-Never get snippy or argumentative with witness- you will appear as if losing
control of witness
-Cross should already be mapped out based upon discovery of prosecution or your
investigation
-Listen on direct for OTHER matters arising for first time and try to acclimate into
your cross theory and questioning already laid out. (Gold dropped in your lap).
-To be most effective must know all witnesses prior testimony and statements
COLD in order to make most effective use of MEANINGFULL inconsistencies
-When reviewing Rosario material (every single mark) think through how each
point might play itself out in front of the jury. Be prepared to go in any direction
that witnesses answer takes you.
- Have your cross document in a very easy to locate and usable order. Must
develop your own method.
- Second seat is great for this. (he makes snowballs and I throw them)
− On the other hand- if getting nowhere its OK to let it go rather than looking
silly, desperate and losing credibility and authority with jurors
You will know and feel when you are getting nowhere with a line of questioning
during cross
- It’s all in the setup- you should by trial know case better than anyone, including
the judge
- Lots of discretion with trial judge so don't overdue. Will only alienate the judge.
Preserve record for appeal and move on
- Beware to avoid “why not” question. Cop will always have excuse
Mauet on trial technique for basic form and structure of cross exam questions
Richardsons on Evidence
Wigmore on Evidence
Read it out loud 50 times so you get used to mouthing the form of the questioning
Watch video demonstrations of effective cross examinations and try to repeat and
imitate
Why?
- Cross examination is all about impeachment
− Must know proper ways and types of ways to impeachment
More weapons you have at your disposal more effective you will be
which is why you must also know the rules of evidence and forms of questions for
the items you will use most often during cross examinations of PO's:
EVIDENTIARY ISSUES:
If Detective took confession and things are off, blame cop for making up
statement.
Remember:
- That case law supports option of you calling cops and being allowed to cross
immediately- by virtue of their position they are deemed HOSTILE WITNESSES.
No formal foundation for other hostile witnesses required.
In conclusion:
I wish you all good luck! Keep up your good and very important work!
If I can ever be of help to any of you- call me or email me using the contact
information provided in your materials.