Difference between revisions of "Cross-Examination"

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== The Right to Cross-Examination ==
 
== The Right to Cross-Examination ==
  
Justice Antonin Scalia of the United States Supreme Court has called cross-examination the crucible in which the reliability of evidence is tested . Because cross-examination is the only method by which the defendant may directly challenge the veracity of a government witnesses testimony, it is one of the most fundamental and important [[Rights of the Accused | rights of the accused]].
 
  
 
The right to cross-examination is typically found in a country's constitution or evidence code. Generally, the right guarantees an opportunity to ask questions of government witnesses at trial. It may also preclude the introduction of written statements by the prosecution, if the defense did not  cross-examine the witness at the time of the statement.  
 
The right to cross-examination is typically found in a country's constitution or evidence code. Generally, the right guarantees an opportunity to ask questions of government witnesses at trial. It may also preclude the introduction of written statements by the prosecution, if the defense did not  cross-examine the witness at the time of the statement.  
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'''[[India]]''' - In India, Section 138 of the Indian Evidence Act provides the criminally accused the right to confront witnesses.
 
'''[[India]]''' - In India, Section 138 of the Indian Evidence Act provides the criminally accused the right to confront witnesses.
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Justice Antonin Scalia of the United States Supreme Court has called cross-examination the crucible in which the reliability of evidence is tested . Because cross-examination is the only method by which the defendant may directly challenge the veracity of a government witnesses testimony, it is one of the most fundamental and important [[Rights of the Accused | rights of the accused]].
  
 
== Scope of Cross-Examination ==
 
== Scope of Cross-Examination ==
  
Generally, a defense attorney may ask questions which are relevant to facts and/or biases that relate directly to the testimony of a particular witness.  In some jurisdictions cross-examination may limited to the scope of the government's direct examination. Finally, the collateral facts rule allows the government to object when a defense attorney is cross-examining or impeaching a witness on issues that are collateral or irrelevant to the question of law or fact at issue in the case.
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Generally, a defense attorney may ask questions which are relevant to facts and/or biases that relate directly to the testimony of a particular witness.  In some jurisdictions cross-examination may be limited to the scope of the prosecution's direct examination.  
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The collateral facts rule allows the government to object when a defense attorney is cross-examining or impeaching a witness on issues that are collateral or irrelevant to the question of law or fact at issue in the case.  For example, if a witness is testifying as an eyewitness to a crime, the fact that they have not paid their taxes in the last few years would be irrelevant to the case.  If a defense attorney attempted to discuss the issue on cross in an attempt to discredit the witness, a judge would likely rule that a witness' taxes are irrelevant to the veracity of his eyewitness testimony.
  
 
== Elements of a Successful Cross-Examination ==
 
== Elements of a Successful Cross-Examination ==

Revision as of 11:23, 17 June 2010