Difference between revisions of "Cross-Examination"

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 == The Right to Cross-Examination ==
-The right to cross-examination is typically grounded in a country's constitution or evidence code and my be either express or implied. Generally, the right guarantees a defense lawyer the opportunity to ask questions of government witnesses at trial. It may also preclude the introduction of written statements at trial when the defense has no opportunity to cross-examine a 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 a defense lawyer the opportunity to ask questions of government witnesses at trial. It may also preclude the introduction of written statements at trial when the defense had no opportunity to cross-examine the witness at the time of the statement. The logic behind this rule is very simple. If the right to confrontation did not extend to written statements, it would easily permit the prosecution to circumvent the right to confrontation at trial.
-The logic behind this rule is quit simple. If the right to confrontation did not extend to written statements, it would easily permit the prosecution to circumvent the right to confrontation at trial.
 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."

Revision as of 11:08, 15 June 2010