Overview

The OBJECTIVE of this Module is to teach students how to impeach the credibility of witnesses, primarily through the use of a previous inconsistent statement or utterance.

Readings

Articles:

Howard, Maureen, “Revisiting Trial Basics Every Time: A Ritual for Courtroom Success”, 34 American Journal of Trial Advocacy 335, (2010-2011).

Haester, Andrew, “Jury Advocacy—The Defence Approach”, ADR Bulletin, Vol. 9, No. 10 [2007], Article 5.

Howard, Maureen, “Revisiting Trial Basics Every Time: A Ritual for Courtroom Success”, 34 American Journal of Trial Advocacy 335, (2010-2011).

Ferguson, Fred, “Advocacy in the New Millennium”, 41 Alberta Law Review 527, (2003-2004)

Markus, Richard M., “A Theory of Trial Advocacy”, 56 Tulane Law Review 95, 1981—1982.

Books:

Blake, Susan, A Practical Approach to Effective Litigation, Sixth Edition, Oxford University Press, 2005. (Chapter 15 – The Vital Role of Evidence).

Blake, Susan, A Practical Approach to Effective Litigation, Sixth Edition, Oxford University Press, 2005. (Chapter 22- Presenting a Case in Court).

Boodoosingh, Ronnie K., Advocacy in Point Form, Second Edition, Council of Legal Education, 2009; Page 113-120.

Boodoosingh, Ronnie K., The Complete Advocate, Xlibris Corporation, 2006. (Chapter 29 Cross-Examination)

Evans, Keith, Advocacy in Court- A Beginner’s Guide, Blackstone Press Limited, London:

1995. (Chapter 13- The Basic Approach to Cross-Examination).

Evans, Keith, Advocacy in Court- A Beginner’s Guide, Blackstone Press Limited, London:

1995. (Chapter 14- The OBJECTIVES of Cross-Examination).

Hyam, Michael, Advocacy Skills, Third Edition, Blackstone Press Limited, 1990. (Chapter 6- Cross-Examination).

Hyam, Michael, Advocacy Skills, Third Edition, Blackstone Press Limited, 1990. (Chapter 7- Cross-Examination of Experts).

Inns of Court School of Law, Advocacy, City University, London, Oxford University Press (Chapter 19 – Basic Components for Witness Handling).

Inns of Court School of Law, Advocacy, City University, London, Oxford University Press (Chapter 20 – Basic Questioning Skills).

Inns of Court School of Law, Advocacy, City University, London, Oxford University Press (Chapter 22 – Cross-Examination).

Stone, Marcus, Cross-Examination in Criminal Trials, Butterworths, London: 1995, Second

Edition.

a) Chapter 1- Cross Examination: Preliminary;

b) Chapter 6- Cross-examination: Foundations;

c) Chapter 7- Cross-examination: Constructive Techniques;

d) Chapter 8- Cross-examination: Destructive Techniques;

e) Chapter 9- Cross-examination: Common Problems

To Do List

In order to successfully complete this Module, please do the following:

Review: Lecture Presentation.
Discuss: Join your classmates in a Group Discussion regarding the concept of the Previous Inconsistent statement.
Examine the Evidence Act and Discuss the provisions with regard to previous inconsistent statements.
Create: A FLOW CHART ILLUSTRATING THE STEPS LAYING THE FOUNDATION FOR IMPEACHING THE CREDIT OF A WITNESS WITH HIS PREVIOUS INCONSISTENT STATEMENT.