All posts tagged: Cognitive Psychology

Cross-Examination

Are The “10 Commandments of Cross-Examination” Sufficient?

For forty-plus years, learning the art of trial advocacy has included the obligatory viewing of a tape of Irving Younger’s “10 Commandments of Cross-Examination” lecture. And every lawyer who has ventured into the courtroom has seen – if not personally experienced – the dire consequences when a commandment is violated, in particular when the cross-examiner asks the one question too many or inquires about a subject where the answer is not already known. Younger himself acknowledged that the Commandments he posited were meant to be broken by masters of the craft, but urged that adherence to them ensured a safe, productive cross. And the latter point can’t be denied. Were every cross-examiner to follow Younger’s directives, there would be less error in courtroom proceedings. But are there more or different Commandments? Did Younger’s approach leave gaps? The answer to both questions is “yes.” Let’s first recall the 10 that Younger preached. They are: Be brief Use plain words Ask only leading questions Be prepared Listen Don’t get into a quarrel Avoid repetition Disallow witness explanations …