Difference between revisions of "Cross-Examination"

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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.  
 
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.  
  
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.
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The collateral facts rule permits 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 being argued.  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 11:24, 17 June 2010