A View from the Bench: Keys to a Successful Direct Examination

摘要

Most experienced criminal trial attorneys are familiar with this quote from the Supreme Court in Nix v. Whiteside. A criminal trial is the acting out of a screen play written by counsel and there should be no surprises at trial. The success of the screenplay is dependent upon the quality of the script, which is counsels' direct examination.rnThe primary key to a successful direct examination is preparation, preparation, preparation. Part of this key is preparing closing argument prior to the opening of trial. Direct examination does not just happen. It must be planned, after counsel determines the objectives to be accomplished through each witness.rnThis article will suggest that courtroom control, preparation of witnesses, use of exhibits, and posing open-ended, non-leading questions are the keys to a successful direct examination. The article will conclude by positing that early preparation of a successful closing argument is the key to a successful examination.