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 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. | [[Direct Examination | Direct examination]] and cross-examination have very different purposes and techniques. 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. | ||
− | 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. | + | 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. During cross-examination the defense attorney 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. |
Regardless of whether the criminal defender is preparing for direct or cross-examination, she should prepare her inquiry by answering the following questions: | Regardless of whether the criminal defender is preparing for direct or cross-examination, she should prepare her inquiry by answering the following questions: |