Difference between revisions of "Cross-Examination"

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== Browne v. Dunne: Limits on Impeachment ==
 
== Browne v. Dunne: Limits on Impeachment ==
  
In some jurisdictions the special rule of Browne v. Dunne  may apply. Dunne is a "fairness" rule that guarantees that a witness that subject to cross-examination has the opportunity to agree or contradict evidence introduced in contradiction of the witness's testimony. If this rule applies, the criminal defense attorney must ask the witness for an opportunity to explain the contradiction.
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In some jurisdictions the special rule of Browne v. Dunne  may apply. The Dunne rule is: a cross examiner cannot rely on evidence that is contradictory to the testimony of the witness without giving the witness an opportunity to justify the contradiction. If this rule applies, the criminal defense attorney must ask the witness to explain the contradiction.  
  
 
== Cross-Examination Hypothetical==
 
== Cross-Examination Hypothetical==
  
'''CASE FILE:''' Sahil Kumar was shocked when police came to his home and arrested him for robbery.  He was taken to the police station, where a 76-year-old man identified him as having stolen his wallet at the Chawri market that morning.  Kumar admitted he was at the market that morning, but insists that he is innocent.  He has visible bruises on his face, and claims the police forced him to confess to the crime by torturing him for two days, before producing him in front of the magistrate.  As a result of your investigation you have identified four potential witnesses who may appear at trial: A pickpocket who identified Sahil Kumar as the thief, the victim, the victim's doctor, and the police officer who arrested Kumar.
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'''CASE FILE:''' Sahil Kumar was shocked when police came to his home and arrested him for robbery.  He was taken to the police station, where a 76-year-old man identified him as having stolen his wallet at the Chawri market that morning.  Kumar admitted he was at the market that morning, but insists he is innocent.  He has visible bruises on his face, and claims the police forced him to confess to the crime by torturing him for two days, before producing him in front of the magistrate.  As a result of your investigation you have identified four potential witnesses who may appear at trial: a pickpocket who identified Sahil Kumar as the thief, the victim, the victim's doctor, and the police officer who arrested Kumar.
  
 
Your investigator has discovered the following important facts:  
 
Your investigator has discovered the following important facts:  
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A:  Yes.
 
A:  Yes.
  
Q:  The doctor said you've lost most of your peripheral vision, isn't that right?
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Q:  The doctor said you've lost most of your peripheral vision?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  That means you can't see as well as you used to, can you?
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Q:  That means you can't see as well as you used to?
  
 
A:  No.
 
A:  No.
  
Q:  Now I want to talk about what happened after you were robbed at the market.
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Headline Statement:  Now I want to talk about what happened after you were robbed at the market.
  
A:  OK.
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Q:  Did you call the police?
 
 
Q:  You called the police, right?
 
  
 
A:  Yes.
 
A:  Yes.
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A:  Yes.
 
A:  Yes.
  
Q:  And then they took you back to the police station, correct?
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Q:  And then they took you back to the police station?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  They brought the defendant to you in the station, right?
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Q:  They brought the defendant to you in the station?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  And then the police asked you if this man robbed you at the market, right?
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Q:  And then the police asked you if this man robbed you at the market?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  And you said that he did.
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Q:  And you said that he did?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  I'd like to go back to the market for a second. When the police arrived they interviewed you there, didn't they?
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Transition + Q:  I'd like to go back to the market for a second. When the police arrived, did they interviewed you there?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  And at that point you had just been robbed an hour before.
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Q:  And at that point you had just been robbed an hour before?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  So your memory was fresh.  
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Q:  So your memory was fresh?  
  
  
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A:  I suppose so.
 
A:  I suppose so.
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Q:  You gave a description of the thief to the police?
 
Q:  You gave a description of the thief to the police?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  And you wanted the description to be as complete as possible?so the police would have the best chance of catching the thief?
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Q:  And you wanted the description to be as complete as possible, so the police would have the best chance of catching the thief?
  
 
A:  Yes.
 
A:  Yes.
  
Q:  And you told them the thief was 1.8 meters tall.
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Q:  And you told them the thief was 1.8 meters tall?
  
 
A:  Yes.
 
A:  Yes.

Revision as of 17:28, 17 June 2010