When it comes to courtroom drama, there is nothing quite like the cross-examination. The closing argument usually includes an attention-getting, impassioned plea to the jury, but let’s face it, the closing argument sometimes can sound a little rehearsed. 
A cross-examination can never be rehearsed. You can prepare for the cross exam, but you never have to worry about it sounding memorized. You never know how the adverse witness is going to answer a question.
The best way to prepare for a cross-examination is to write down a list of questions. The questions should be listed in an abbreviated, outline form. I usually draw a little box next to each question, and I check the boxes as I go. You don’t have to go in order. The cross-exam will take a natural course.
One of the hardest parts of the cross-examination is getting the tone right. The cross-exam that a lawyer does for a criminal defendant or a police officer is obviously much different than a cross-exam of a child or a neutral witness with no ax to grind. You want to make it clear that you are in charge, and you are to make sure that your questions are answered, but you don’t want to go overboard and look like a jerk. Mock trial lawyers sometimes lose points by being too rough on a witness, or by indulging too much in sarcasm, or trying to be too theatrical. The trial process is, of course, a serious event.
Lawyers often make more eye contact with the jurors during cross-exam than on direct examination. The reason is that the lawyer is seeing how much the jurors are absorbing, and how they are reacting. The jurors’ attention to the witness usually increases.
On cross-examination a lawyer is allowed to ask leading questions. On direct-examination, a lawyer may not. When you are questioning a witness, you are typically not allowed to approach the witness without asking the judge for permission. Typically, approaching the witness is only allowed when you are asking him or her to look at an exhibit. In mock trials, judges sometimes relax this rule. Below is a clip from the movie My Cousin Vinny. The cross-examination tone is sarcastic, but the scene demonstrates the basic point.
Mock trial blog 
Very good insights. The best cross-examinations are usually empathy based. Crawl inside the witness’s skin and think about the circumstances from their point of view. Once you consider things from the perspective of the witness, the cross-examination will practically write itself.
I agree that lawyers who are too aggressive and nasty accomplish little — except reminding the jurors why they dislike lawyers.
Check out my book on cross-examination, if you like: http://www.relentlessdefense.com/our-team/kevin-j-mahoney/book-relentless-criminal-cross-examination/
Best,
Kevin Mahoney
Thats cool. Thanks for dropping by Kevin.
This is a good example of how to cross examine a witness. Mock trial judges often seem to allow a lot less witness badgering in my experience.