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ing direct examination should carry into cross examination. Most experts dread cross examination because at times it can be quite unpleas- ant. But it doesn't have to be. With prop- er preparation, planning and practice, even a challenging cross examination can be managed without harm to the expert's integrity, reputation or evidence. Cross examination involves parties with competing interests. The defense attorney's chosen approach is depen- dent upon whether the evidence hurts the defense, helps the defense or is neutral. Where the evidence hurts the other side, an interesting event occurs. The witness wants to be convincing and credible. The cross examining attor- ney wants to somehow devalue the evidence of the witness. Questions are asked and answered, sometimes subtly, sometimes not. Here, too, is a battle for power and control. The power struggle If the cross examining attorney has the witness under control, the attorney will direct the flow of the testimony, accurately anticipate responses and shape the feel and substance of the discussion. If the witness is in control, the answers will conform to what the witness believes to be correct, not the suggestions of the attorney. The witness will accurately anticipate the questions of the attorney and the witness will be in control of their own testimony. The struggle for power and control takes place in many ways. Thorough preparation for court by either the witness or the attorney can make a significant dif- ference in gaining control. Knowledge of the subject matter has the same effect. Attorneys at their best are in absolute control. When that happens, the attor- ney knows it, the witness knows it and everyone in the courtroom knows it. The attorney is bolstered by the control over the witness and the evidential force of the witness is typically diminished. The landslide When a witness does not understand what is happening in cross examination, they have difficulty coping. Whatever they say during cross examination somehow makes the situation worse, but the witness is not sure why things are going downhill, let alone how to stop it. The witness may tend to attri- bute this to tricky attorneys, lack of preparation or nervousness. A witness who truly follows the flow of the cross examination is in an excellent position to cope with it, and sometimes profit from it. 22 Law Enforcement Technology March 2014 www.officer.com T R A I N I N G Circle 27 on Reader Service Card Effective expert witnesses follow these 7 rules : ■ Control the pace and tone of your voice. ■ Give eye contact to the right people at the right time. Communicate with the jury so they under- stand the evidence. ■ Answer questions clearly and precisely. ■ Use hypothetical exam- ples, analogies, demon- strations and exhibits at the right times. ■ Cope with challenging cross examination. ■ Deal with mistakes made on the witness stand. ■ Master strategies for handling specific cross examination techniques. LET_20-23_Witness0314.indd 22 2/24/14 10:36 AM