The Examination
Begin each examination by introducing the jury to the witness and
explaining the witness’s relation to the case. Jurors like to know who
they’re listening to and why. For example:
Officer, please introduce yourself to the jury.
On July 4, 2003, did you arrest ___________ (defendant) for DUI?
Before we talk about that, can you please tell us what training and
experience you have in DUI investigations?
During direct examination, help the witness tell the story in a conversa-
tional, easy to understand, methodical and compelling manner. One
approach is to introduce different parts of each witness’s testimony, using
"headers" or "headliners" to alert the jury to what you’re going to dis-
cuss and, if possible, how it relates to the issues in the case. For example,
“Officer, let me take you to the night of July 3, 2003………” or “Let’s
talk for a few minutes about the horizontal gaze nystagmus test……”
This technique is particularly useful when introducing evidence:
Officer, did you speak to the defendant about what he did that night?
Prior to doing so, did you advise the defendant about his rights?
Did you do so from memory or did you read from a form?
Let me show you what was previously marked as …………….
When you show evidence to a witness, try to stand in a position that
allows the jury to see what you are doing. Have the witness identify the
evidence and explain its relevance. If the item is a document, do not for-
get to establish appropriate hearsay exceptions. Ask the judge to admit
the evidence.
11
When you put an object, document or photograph into
evidence, publish it to the jury by either holding it in front of each indi-
vidual juror or by handing it to them. Refrain from asking additional
questions until each juror sees the evidence. Proceeding while jurors are
examining the evidence sends the unintended message that the evidence
B ASIC T RIAL T ECHNIQUES FOR P R OSECUTORS
26 A MERICAN P ROSECUTORS R ESEARCH I NSTITUTE
11
As noted above, you should identify and learn the necessary predicates pre-trial.