Difference between revisions of "Cross-Examination"

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[[Direct Examination | Direct examination]] and cross-examination have very different purposes and techniques. Direct examination is the opportunity for the witness to tell their story.  The attorney should simply be helping the witness to tell the story by asking the witness open-ended questions.   
 
[[Direct Examination | Direct examination]] and cross-examination have very different purposes and techniques. Direct examination is the opportunity for the witness to tell their story.  The attorney should simply be helping the witness to tell the story by asking the witness open-ended questions.   
  
Cross-examination, on the other hand, is a targeted attack on the prosecutor's theory of the case.  The focus should be on the attorney, leading the witness to answer the questions to support the defense's theory.  During cross-examination the defense attorney seeks to persuade the jury that the witness' testimony is:  
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Cross-examination, in contrast, is a targeted attack on the prosecutor's theory of the case.  The focus should be on the attorney, leading the witness to answer the questions to support the defense's theory.  During cross-examination the defense attorney seeks to persuade the jury that the witness' testimony is:  
 
# inconsistent with other testimony or evidence
 
# inconsistent with other testimony or evidence
 
# biased against the defendant
 
# biased against the defendant
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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.  
  
'''United States''' - In the United States the Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him."
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'''Examples:'''
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''United States'' - In the United States the Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him."
  
'''[[China]]''' - In China, CPL Articles 47 and 156 give criminal defenders the right to conduct direct and cross-examination of witnesses in criminal cases.  CPL Articles 156, 157 and 160 give criminal defense attorneys the right to use evidence to impeach the prosecution's witnesses.   
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''[[China]]'' - In China, CPL Articles 47 and 156 give criminal defenders the right to conduct direct and cross-examination of witnesses in criminal cases.  CPL Articles 156, 157 and 160 give criminal defense attorneys the right to use evidence to impeach the prosecution's witnesses.   
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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.
 
  
 
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]].
 
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]].

Revision as of 13:21, 17 June 2010