Cross- Examination

WHAT IS CROSS-
EXAMINATION?
Definition
• Noun
• The questioning of a witness who has
already testified, for the purpose of
discrediting the witness’ testimony,
knowledge of the event, or reputation.
• Origin- 1655-1665-- English common law
What is Cross-Examination?
• Cross-examination is the legal process of
interrogating a witness that has been
called to testify by the opposing party in a
legal proceeding.
What is Direct- Examination?
• When a party calls a witness to testify in
court, he must follow certain rules in
questioning the witness. This is called
“direct examination.”
• Once this questioning is finished, the
opposing party is given an opportunity to
question the same witness, in a procedure
known as “cross-examination.”
Scope of Cross-Examination
• The questions asked on cross-examination
are limited to those:
– subjects discussed,
– asked, or
– answered during direct examinations of the
witness.
Need for Cross-Examination
• The principal purpose of cross-examination
is to give you a basis for the arguments
you will make in summation at the end of
the case.
WHAT ARE THE PURPOSES
OF CROSS- EXAMINATION?
TWO-TYPES OF CROSS-
EXAMINATION
(1) Supportive • (2) Discrediting
(Concession Based) Cross-Examination:
Cross-Examination: A discrediting cross-
This type of cross is examination occurs
employed when you when you attempt to
want to ask questions discredit the
and get answers that believability of a
support and advance witness' factual
your case. testimony
Supportive (Concession-
Based) Cross- Examination
1.) You use cross to obtain favorable
information, e.g., admissions, fill-in-the-gaps
in the story facts, etc., from the witness.
Supportive (Concession-
Based) Cross- Examination
2.) The testimony on direct may be so helpful
to your theory of the case that you simply
have the witness repeat it on cross and pass
the witness.
Discrediting Cross- Examination
3.) Cross will help discredit the believability
of a witness' factual testimony by showing
that it doesn't jibe with common sense and/or
with what others say.
Discrediting Cross- Examination
4.) You use cross to show what the witness
does not know or what the witness did not do
in investigation.
Discrediting Cross- Examination
5.) You employ cross to impeach the witness by
- proof of inability to understand the nature and
obligation of an oath to tell the truth
- children and the insane
- proof of difficulty in perception
- proof of faulty memory
- proof of inability to communicate
- proof of bias
Discrediting Cross- Examination
5.) You employ cross to impeach the witness by
- proof of interest in the outcome
- proof of motive to falsify
- proof of corruption, as when a witness has been
offered an incentive, reward, sentencing
concession, or bribe for her testimony
- proof of the witnesses admissible prior criminal
convictions
- proof of the witness' prior inconsistent statement