A Cross Examiner Need Not Be Cross
Screaming cross examiner’s are great on film. Tom Cruise’s veins bulging as he screams, “I want the truth!” at Jack Nicholson – fantastic.
But seldom does anger or rudeness serve the cross examiner. Remember that the jury is more likely to identify with the witness than with the hired gun brought in to question him. They will turn on you if you are disrespectful.
There are witnesses who earn disrespect, I suppose, but it’s usually a bad tactic even in those cases. A cross examiner that is respectful and professional—asking sharp and difficult questions but without indulging in unnecessary nastiness in tone or appearance—is almost always more effective.
And don’t forget that cross examiners who become irritated and disrespectful because the cross is not going as they wanted it to go are simply highlighting to the jury that they are losing. That is rarely a good thing.
