Cross-Examination
Definition of Cross-Examination
Note: See a more comprehensive approach to the Cross-Examination legal concept in the American Law Encyclopedia
A principal feature of the adversary process and a right guaranteed through the confrontation clause of the Sixth Amendment. Cross-examination is a technique by which the credibility of witnesses is attacked. Cross-examination allows an attorney to reveal weaknesses in a witness's testimony, making it possible in some cases to completely discredit the witness. The scope of cross-examination is defined by direct examination since matters probed on
cross-examination must have been raised in the direct examination. The right to confront adverse witnesses through cross-examination is a key component in a criminal defendant's need to create reasonable doubt.
See Also
Confrontation (Law of the United States) Direct Examination (Law of the United States) Reasonable Doubt (Law of the United States).
Resources
Cross-Examination Related Resources
- Cross-Examination in the United States Legal Encyclopedia
- Criminal Judicial Process Keywords in the United States Legal Encyclopedia
- Criminal Process Keywords in the International Legal Dictionary
Notes
- “Cross-Examination”, The American Law Dictionary, 1991, California
Cross-examination
In the Past
The examination of a witness, by the party who did not call him, upon matters to which he has been examined in chief.
Developments
Every party has a right to cross-examine a witness produced by his antagonist, in order to test whether the witness has the knowledge of the things he testifies and if, upon examination, it is found that the witness had the means and ability to ascertain the facts about which he testifies, then his memory, his motives, everything may be scrutinized by the cross- examination.
Details
In cross-examinations a great latitude is allowed in the mode of putting questions and the counsel may put leading questions. (see this concept in the corresponding entry on this reference) Vide further on this subject and for some rules which limit the abuse of this right, 1 Stark. Ev, 96; 1 Phil. Ev. 210; 6 Watts & Serg. 75.
Other Aspects
The object of a cross-examination is to sift the evidence and try the credibility of a witness who has been called and given evidence in chief. It is one of the main tests which the law has devised for the ascertainment of truth and it is certainly one of the most efficacious. By this means the situation of the witness, with respect to the parties and the subject of litigation, his interest, his motives, his inclinations and his prejudices, his means of geting a correct and certain knowledge of the facts to which he testifies the way in which he has used those means, his powers of discerning the facts in the first instance and of his capacity in keeping and describing them, are fully investigated and ascertained. The witness, however artful he may be, will seldom be able to elude the keen perception of an intelligent court or jury, unless indeed his story be founded on truth. When false, he will be liable to detection at every step. 1 Stark. Ev. 96; 1 Phil. Ev. 227; Fortese. Rep. Pref. 2 to 4; Vaugh. R. 143.
More Information
In order to entitle a party to a cross-examination, the witness must have been sworn and examined; for, even if the witness be asked a question in chief, yet if he mahe no answer, the opponent has no right to cross-examine. 1 Cr. M. & Ros. 95; 1 16 S. & R. 77; Rosc. Cr. Ev. 128; 3 Car. & P. 16; S. C. 14 E. C. L. Rep. 189; 3 Bouv. Inst. n. 3217. Formerly, however, the rule seems to have been different. 1 Phil. Ev. 211.
Other Issues
A cross-examination of a witness is not always necessary or advisable. A witness tells the truth wholly or partly or he tells a falsebood. If he tells the whole truth, a cross-examination may have the effect of makeing his testimony more circumstantial and impressing the jury with a stronger opinion of its truth. If he tells only a part of the truth and the part omitted is favorable to the client of the counsel cross-exaimining, he should direct the attention of the witness to the matters omitted. If the testimony of the witness be false, the whole force of the cross-examination should be directed to his credibility. This is done by questioning him as to his means of knowledge, his disinterestedness and other matters calculated to show a want of integrity or veracity, if there is reason to believe the witness prejudiced, partial or deliberately dishonest. Arch. Crim. Pl. 111. See Credible Witness. [1]
Resources
Notes and References
- Partialy, this information about cross-examination is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including cross-examination.
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