The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

• As a result of your examination, were you able to determine, to a
reasonable degree of medical certainty, the cause of death of the victim
(who may have to be referred to by name and not “victim” in some
jurisdictions)?
CROSS-EXAMINATION
It is beyond the scope of this publication to provide detailed information
regarding cross-examination (i.e., questions asked by the opposing attorney, the one who
did not invite you to participate in this case). However, there are some general areas that
will likely be addressed:
• Your professional background and credentials, including education and
experience (or lack thereof);
• Attacks on the depth of your knowledge—of the subject matter generally and the
facts of this case specifically;
• Bias—“always” testifying for one side and “never” the other; and
• “You’re being paid to be here today, aren’t you?” implying that money is the
motive to get you to say whatever the hiring attorney wants you to say.
The best way to handle cross-examination is the same way you handled the direct.
Answer truthfully, don’t get angry, don’t get defensive, and if you don’t understand a
question, say so. If all else fails, remember: in the grand scheme of this case, while it
might not seem like it to you, your honest testimony is important—to the defendant, to
any victims, and to the integrity of the criminal justice system. Do the best you can.
That’s all anyone can ask of you.
Potential Pitfalls
Some frequently encountered pitfalls include: a) relying too much on notes and
reports; b) arguing with defense counsel; c) appearing to be too invested in obtaining a
conviction; d) offering unsolicited and improper conclusions and opinion testimony; e)
being non-responsive to the point of adding gratuitous comments; f) using too much
jargon; and g) being overly defensive when in error. Maintaining your composure and
professionalism throughout this process is not always easy, but it is always important.
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