Difference between revisions of "Cross-Examination"
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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. | 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. | ||
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| + | Direct examination and cross-examination have very different purposes and techniques. | ||
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| + | Direct examination requires the witness to tell a story. The goal of direct examination is for the criminal defender to elicit the witness's story in the witness's own words in a manner that will advance the overall theory of the case. | ||
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| + | Cross-examination, on the other hand, is a selective, targeted attack on the prosecutor's theory of the case. It is not simply rehashing the testimony that was developed during the direct examination of the witness. The criminal defender seeks to develop points that will show that the witness's testimony is inconsistent with other testimony or evidence; that the witness is biased against the defendant; that the witness has a motive to testify against the defendant; that the witness (if he is a co-defendant) had the opportunity to commit the crime; that the witness lacks knowledge of the facts and the evidence in the case; and that the witness was unable to see, hear, perceive, and observe the major events in the case. | ||
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| + | Regardless of whether the criminal defender is preparing for direct or cross-examination, he should prepare his inquiry by answering the following questions: | ||
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| + | #What is the overall theory of the case? | ||
| + | #How does this witness fit into the overall theory of the case? | ||
| + | #How can you fit this witness's story into the story that has already been told and the story that will be told after this witness testifies? | ||
| + | #How will the witness's testimony help you to develop your client's story? To counter the prosecutor's story? | ||
| + | #What evidence do you need to introduce or rely on during direct examination? During cross-examination? | ||
| + | #What evidence will the prosecutor rely on during direct examination? During cross-examination? What questions can you ask or what evidence can you use to counter the prosecutor's evidence? | ||
== The Right to Cross-Examination == | == The Right to Cross-Examination == | ||
