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. | ||
| − | 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 | + | 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. |
'''United States''' - 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." | '''United States''' - 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." | ||
