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Vol 24 No 9 Sept/Oct 2019

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Cross-Examination: Science and Techniques 3rd ed isbn 9781632843913

Cross-Examination: Science and Techniques 2nd ed with 2012 Cumulative Supplement

ISBN13: 9780327164340
New Edition ISBN: 9781632843913
Published: October 2012
Publisher: LexisNexis Matthew Bender
Country of Publication: USA
Format: Hardback & Supplement
Price: Out of print

In Cross Examination: Science and Techniques 2nd ed, Larry Pozner and Roger Dodd continue their outstanding tradition of helping attorneys conduct commanding cross-examinations.

The second edition offers deeper analysis of cross-examination methods, with more integration and interrelationship of techniques and principles.

The authors recognize that trials and juries have changed considerably since the publication of the First Edition in 1993. Evolving admissibility standards and the Internet age pose new challenges to the cross-examiner.

In analyzing thousands of new trial experiences, Pozner and Dodd present efficient techniques to confront these challenges, and ultimately, help attorneys develop cross-examination skills that are critical to trial success.

  • The 2012 Supplement was published in March 2012
  • The 2010 Supplement was published in November 2010
  • The Main Work was published in December 2004
In this new Second Edition, the authors:-
  • Demonstrate how opponents' objections can be the springboard for deeper and broader cross-examinations.
  • Show how cross-examination can be sequenced to teach the theory of the case in the best way, and to literally expand the rules of admissibility.
  • Explain how "loops" (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) are used to rename witnesses and exhibits.
  • Describe the use of "double loops" to discredit opposing expert witnesses.
Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor.

The book also includes explanation of how to:-

  • Use voir dire to create great jurors
  • Use a fact-driven investigation to develop a winning theory
  • Use a witness's own words to follow your theme and theory
  • Control the runaway witness
  • Communicate winning theories in opening, cross, and closing
  • Use loops to box in the witness
  • Use tactical sequencing to create the most powerful cross
  • Convert a witness's silence into admission of fact
  • Induce the witness to voice your pre-selected words
  • Prepare for devastating impeachment
  • Close off any escape routes for the witness
  • Punish the evasive or "I don't know" witness
  • Control the crying witness
  • Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness's concession
This revised and improved resource addresses new challenges and offers deeper analysis of cross-examination methods. Pozner and Dodd's book remains the definitive guide to preparing killer cross-examinations.

The 2012 Cumulative Supplement now includes an exciting new chapter:-

  • Value-Based Cross-Examination
    • Support your cross by damaging the credibility of the witness.
    • Establish a value that the witness with subscribe to.
    • Expose witness conduct that is inconsistent with those values.

Chapter 1 Philosophy and Overview of the Science of Cross-Examination
Chapter 2 Developing a Theory of the Case
Chapter 3 The Strategy, Preparation, and Organization of Cross-Examination
Chapter 4 Cross-Examination Focused Investigation
Chapter 5 Cross-Examination Preparation System 1: Topic Charts
Chapter 6 Cross-Examination Preparation System 2: Sequence of Events Charts
Chapter 7 Cross-Examination Preparation System 3: Witness Statement Charts
Chapter 8 The Only Three Rules of Cross-Examination
Chapter 9 The Chapter Method of Cross-Examination
Chapter 10 Page Preparation of Cross-Examination
Chapter 11 Sequences of Cross-Examination
Chapter 12 Employing Primacy and Recency
Chapter 13 The Relationship of Opening Statement to Cross-Examination
Chapter 14 Redirect and Recross Examination
Chapter 15 Destroying Safe Havens
Chapter 16 Eight Steps of Impeachment by Inconsistent Statement
Chapter 17 Impeachment by Omission
Chapter 18 Advanced Impeachment Techniques
Chapter 19 Controlling the Runaway Witness
Chapter 20 Dealing With the I Dont Know or I Dont RememberWitness
Chapter 21 Creation and Uses of Silence
Chapter 22 Voice, Movement, Body Language, and Timing
Chapter 23 Diminishing or Building the Point
Chapter 24 Juxtaposition
Chapter 25 Trilogies
Chapter 26 Loops, Double Loops, and Spontaneous Loops
Chapter 27 Cross-Examination Without Discovery
Chapter 28 The Crying Witness
Chapter 29 Coping with Objections
Chapter 30 Recognizing and Controlling Bait
Chapter 31 Pre-trial Application: Use at Depositions and Pre-trial Hearings
Chapter 32 How to Master the Techniques Without Trial Experience
Chapter 33 Analysis of Trial Techniques in Cross-Examination
2012 Supplement
Chapter 34 Preparing a Witness for Cross-Examination
Chapter 35 The Relationship of Closing Argument to Cross-Examination
Chapter 36 Constructive Cross-Examination
Chapter 37 Value-Based Cross-Examination