On a trial lawyers’ listserv recently, a member passed on a law student’s request for publications for learning effective cross examination in criminal cases. While nothing replaces learning cross examination through live training and in the courtroom, some high quality publications do exist, including Larry Pozner’s and Roger Dodd’s presentations, videos, and cross examination book.

A particularly detailed and beneficial reply to the inquiry for cross examination materials came from Tom Hickman. Tom attended the Trial Lawyers College a few years after I did. He is a former elected chief prosecutor in a neighboring state, who subsequently went into private practice, and later went on to prosecute international criminal cases in Kosovo, and now is in Kabul, apparently acting as an anti-corruption advisor to the U.S. Attorney General’s Office Assistance Section.

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Thanks to Tom for authorizing me to post his reply here about quality cross examination materials:

I would stress to the student to try to win every phase of a trial and suggest that there are 4 levels of materials on cross:

Video–the best

Winning in the Cross-Examination –[Gerry] Spence

Mastering the Art of Cross Examination –demonstrations by 11 lawyers 11 kinds of witnesses, narrated by Irving Younger

Mastering the Art of Modern Trial Advocacy –Mike Tigar

From time to time the New Yorkers and the Californians produce some great stuff and the student should call

The New York Bar, The New York State Trial Lawyers Assoc, the Consumer Attorneys of California, the California Bar Assoc

Transcripts–second best

Terry Nichols (Oklahoma Bombing) is all on internet

Irving v. Lipstadt (Holocaust denier ) is all on internet

State v. Bruno Hauptmann ( Lindbergh Kidnapping) is all on internet

Lexis –Art of Advocacy Series Cross of Medical Experts, Cross of Non-Medical Experts–many fine lawyers like [Paul] Luvera and examples

Books about Cross –third best

Old books found in bookshops, sometimes internet booksellers: Classics of the Courtroom series such as

Thomas Murphy’s Cross of Dr Carl Binger in the Alger Hiss Case includes transcript

Davis Wilentz Cross of Bruno Hauptmann in the Lindbergh Case includes transcript

Edward Bennett Williams Cross of Jake Jacobsen in the Connolly Case includes transcript

Expert Witness Direct and Cross Examination by Mulligan is super, has F. Lee Baileys crosses in the Dr Carl Coppolino murder cases

Books  about trial lawyers that discuss Cross–last

Examining Witnesses by Tigar

Once Upon A Time in Los Angeles, the Life of Earl Rogers, by Trope

Anatomy of Cross Examination by Davies

Handbook of Cross Examination The Mosaic Art by Ianuzzi