October 25, 2019 | New York Law Journal
A Philosophy of Cross-ExaminationNo one cross-examines a witness using syllogisms per se. Rather, the effective trial advocate, through his or her questions, develops testimony and signals inferences that the jury will grasp, recall, and care about, and this presentation requires an exercise of judgment as to which facts will drive the most helpful inferences (and will not drive any harmful inferences) and, tactically, how best to signal the desired inferences effectively to the factfinder (without backfiring).
By Milton L. Williams, Brian D. Mogck and Daniel A. Cohen
15 minute read
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