MacCarthy on Cross-Examination

by Terence F. MacCarthy

Overview

Learn how to look good on cross, even when the witness is not cooperating. Terence MacCarthy is synonymous with effective cross-examination. For 40 years he has been the head of the Federal Defender's Office in Chicago, and is among the top CLE instructors in the nation owing to his lectures on cross-examination technique. And now, Terence MacCarthy has literally written the book on cross-examination.

The primary reason lawyers are more adept in opening and closing statement is that they are able to use the most persuasive technique known--they are allowed to tell a story. This new book shows you how to tell a story in cross- examination, too, even when you are faced with a hostile witness. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting and insulting. Discover how to use effective short statements and make the witness affirm everything you say.

Filled with illustrative cross-examinations from actual cases, MacCarthy on Cross-Examination is your key to employing these proven techniques in your own practice. Using the three themes that run throughout the book--looking good, telling a story, and using short statements--you can take control of your cross-examinations and achieve the results you desire.

Product Details

ISBN-13:	9781614383383
Publisher:	American Bar Association
Publication date:	11/30/2007
Sold by:	Barnes & Noble
Format:	eBook
Pages:	236
File size:	345 KB

About the Author

Mr. MacCarthy graduated at the top of his class from St. Joseph's College in 1955, with a B.A. in Philosophy. After serving as a Lieutenant in the Marines, he attended law school at DePaul, graduating again in the top ten percent of his class in 1960. Following graduation, he served as an Assistant Professor of contracts and real property before beginning a clerkship to former Chief Judge William J. Campbell of the US District Court for the Northern District of Illinois and serving as Illinois Special Assistant Attorney General, specializing in civil trials and appeals. Since 1966, he has been the Executive Director of the Federal Defender Program in the US District Court for the Northern District of Illinois. He was selected for the position by the judges of the District Court and the deans of the six Chicago law schools. As Executive Director, Mr. MacCarthy is primarily responsible for the administration of the unique and highly successful program that provides counsel for some 1500 defendants each year who are charged with federal crimes but are unable to afford private counsel. Since its beginning, the office is frequently reported as being one of the best defender offices in the nation. In addition to his overall administrative responsibilities, Mr. MacCarthy continues to try cases personally and train his staff and assist them in the handling of their cases. Under his leadership, a legal internship program provides law students the opportunity to participate in all stages of a federal criminal defense. Always a strong believer in mentoring, Mr. MacCarthy has authored and published over twenty legal articles. He continues to write, lecture throughout the United States and serves on the Permanent Faculty of six law schools. A 1999 Mercer Law Review article entitled The Calling of Criminal Defense, says of him, He has taught trial advocacy to lawyers and law students in every state in the country and is known for his humor and wit." Terrence MacCarthy is a member of the American, Illinois, Chicago, Federal and Seventh Circuit Bar Associations, the Illinois Attorneys for Criminal Justice, the National College of Criminal Defense, the National Legal Aid&Defender Association and the National Association of Criminal Defense Lawyers serving on the Board of each. He has been awarded the DePaul University College of Law 1994 Alumni Service Award, the 1993 National Association of Criminal Lawyers Distinguished Service Award, the Illinois Attorneys for Criminal Justice 1993 Annual Award for Extraordinary Contribution to the Goals and Ideals of the Association, the California Attorneys for Criminal Justice 1990 Annual Award for Significant Contribution to Criminal Justice and the 1989 University of Virginia School of Law William J. Brennan, Jr. Award, presented to him by Justice Brennan.

Table of Contents

Acknowledgments     xi
About the Author     xv
Introduction     1
The Purpose of This Book     7
The System     7
Change Your Thinking     8
What Will We Say, to Whom, and How?     11
What Are We Going to Say?     11
To Whom Are We Going to Tell Our Story?     11
How Are We Going to Say What We Have to Say?     13
A Brief Interlude     17
An Early Cross-Examination: Susanna and the Elders     23
The Bad, the Ugly, and the Good     25
The Bad News     25
The Witness     25
The Perry Mason Syndrome     26
Old School Cross-Examination     28
The Ugly News     31
The Good News     36
Three Miscellaneous Considerations     39
The Purposes of Cross-Examination: Looking Good     39
Three Housekeeping Rules     44
Primacy and Recency     47
The System, Part I: "Short"     65
Three Reasons to Be Short     66
How Short Can You Get Your Cross-Examination?     67
How to Make Your Cross-Examination Short     67
Transitions     68
Example of Cross-Examination Using the System     71
Looping     73
The System, Part II: Statements     77
The Three Ways You Can Do Cross-Examination     77
The Law     83
The System Has a Philosophy     87
Crafting Your Statements     91
Details     94
Terms     95
Organization-Source of Materials     101
Witness Statements     101
Verisimilitude     102
Plausibility     105
The System, Part III: Control     113
Pace     114
Listen     115
The Intractable Witness     120
Exceptions     127
Safe Havens-What to Do When You Get Hurt     131
Additional Considerations     135
Possible Exceptions to the System     135
Misdirection     137
Ethical Considerations     141
Why the System Works     143
Examples of Cross-Examination     146
Terence F. MacCarthy (Chicago, Illinois)-Cross-examination of a psychiatrist in a federal bank robbery     146
Michael A. Sherman (Santa Monica, California)-Cross-examination of a plaintiff's CEO in a civil trade secrets case      167
Alison Siegler (Chicago, Illinois)-Cross-examination of a prosecution witness in a federal narcotics case     170
Steven R. Shanin (Chicago, Illinois)-Cross-examination of a police detective in a federal narcotics case     176
James Mercante (New York, New York)-Cross-examination of a captain in an admiralty case     186
Heather E. Williams (Tucson, Arizona)-Cross-examination of a county sheriff officer in a federal murder case     195
John Buckley, Ungaretti & Harris, Chicago, Illinois-Cross-examination of a securities trading firm     215
Index     219