Difference between revisions of "Cross-Examination"
From Criminal Defense Wiki
Jump to navigationJump to search| Line 39: | Line 39: | ||
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 | + | 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 == | ||
