Cross-examination.html |
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This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. (August 2008) |
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| Evidence |
| Part of the common law series |
| Types of evidence |
| Testimony · Documentary Physical / Real · Digital Exculpatory · Scientific Demonstrative Eyewitness identification Genetic (DNA) · Lies |
| Relevance |
| Burden of proof · Laying a foundation Subsequent remedial measure Character · Habit · Similar fact |
| Authentication |
| Chain of custody Judicial notice · Best evidence rule Self-authenticating document Ancient document |
| Witnesses |
| Competence · Privilege Direct examination · Cross-examination Impeachment · Recorded recollection Expert witness · Dead man statute |
| Hearsay and exceptions |
| in English law · in United States law Confessions · Business records Excited utterance · Dying declaration Party admission · Ancient document Declarations against interest Present sense impression · Res gestae Learned treatise · Implied assertion |
| Other common law areas |
| Contract · Tort · Property Wills, trusts and estates Criminal law |
- See Structure of policy debate for cross-examination in policy debate.
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in England, Australia and Canada known as examination-in-chief) and may be followed by a redirect (re-examination in England, Australia, and Canada).
In the United States, the cross-examining attorney is typically not permitted to ask questions which do not pertain to the facts revealed in direct examination. This is called going beyond the scope of the direct examination. This does not apply in England, Australia, and Canada, where once a witness is called the opponent's lawyer can ask any question relevant to the issues in the trial.
Since a witness called by the opposing party is presumed to be hostile, cross examination does permit leading questions.1 A witness called by the direct examiner, on the other hand, may only be treated as hostile by that examiner after being permitted to do so by the judge, at the request of that examiner and as a result of the witness being openly antagonistic and/or prejudiced against the opposing party.2
The main purposes of cross-examination are to elicit favorable facts from the witness, or to impeach the credibility of the testifying witness to lessen the weight of unfavourable testimony. Cross-examination frequently produces critical evidence in trials, especially if a witness contradicts previous testimony. The advocate Edward Marshall-Hall built his career on cross-examination which often involved histrionic outbursts designed to sway jurors.
Bibliography
- City Law School (2007). Advocacy 2007/2008 (Blackstone Bar Manual). Oxford: Oxford University Press. ISBN 0199212201.
- Du Cann, Richard (1993). The Art of the Advocate. London: Penguin. ISBN 0140179313.
- Evans, K. (1993). The Golden Rules of Advocacy. London: Blackstone Press. ISBN 1854312596.
- Morley, I (2005). The Devil's Advocate. London: Sweet & Maxwell. ISBN 0421914807.
- Ross, D. (2005). Advocacy. London: Cambridge University Press. ISBN 0521611172.
- Wellman, F. (2007). The Art of Cross-Examination, Standard Publications. ISBN 1594626472.
See also
External links
- "The Secret to Successful Cross-Examination" Video - The Secret to Successful Cross-Examination
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