Questions tagged [cross-examination]
The cross-examination tag has no usage guidance.
14
questions
20
votes
3
answers
6k
views
Can a defendant remain silent (invoke 5th amendment) during cross examination?
Suppose a defendant testifies at a criminal trial and is advised beforehand that the prosecution has a right to cross examine him. Suppose the defendant answers all of his lawyer's questions on direct ...
- 332
9
votes
2
answers
1k
views
Is cross examination strictly confined to the subjects that the original examination pertained to, or can the opposing party make their own points?
Pretty straightforward question, really: what are the topical constraints of cross examination with reference to examination?
Suppose party A calls witness W to the stand to ask them questions about ...
- 7,167
0
votes
3
answers
113
views
Can counterpart's counsel be cross-examined on the validity/merit of their arguments, or only witnesses?
In court, a legal representative may be conducting the case and calling witnesses and cross examining the other side's witnesses.
Are these representatives "sworn in" under oath?
As they ...
- 7,167
2
votes
2
answers
204
views
Is character assassination of witnesses allowed?
Say that one side of a trial brings a witness Walter onto the stand. If the other side doesn't like Walter's testimony (and wants the jury to not take it seriously), are they allowed to engage in ...
- 3,269
1
vote
2
answers
238
views
Does a witness admit perjury by testifying a different story on retrial?
Bob was a witness in a trial. That trial was later declared a mistrial and a new one was ordered.
When taking the witness stand again, Bob tells a whole different story, inconsistent or directly ...
- 24.5k
3
votes
1
answer
207
views
Can a retrial admit evidence given in the original trial?
Say there was a criminal trial, and the verdict was later set aside on appeal due to some critical procedure errors happened during questioning of one specific witness (out of many). For example, a ...
- 24.5k
9
votes
3
answers
2k
views
How do prosecutors prepare to cross-examine defendants?
Prosecutor Peter is preparing for a trial. Defendant Dexter may or may not take the witness stand. Peter has no idea what he would say if he does (no disclosure obligation on the defendant) but still ...
- 24.5k
0
votes
2
answers
124
views
How useful a lead detective will be as a murder witness in a trial inside of the courtroom?
In my opinion, not so much. I haven't got much experience with the US justice system, but everything the detective learns is hearsay, so (s)he can't tell the jury what witness so-and-so says. (S)he ...
1
vote
2
answers
251
views
Witness credibility questions on cross-examination
Dan is on trial for murdering Vanessa. Wayne, who is Dan's neighbour, is witness for the prosecution.
Dan's lawyer is interested to discredit Wayne's evidence, but has nothing.
On cross-examination, ...
- 24.5k
0
votes
1
answer
200
views
What determines the order in which witnesses testify?
After day 5 of Floyd case, all of the witnesses thus far appear to be from the prosecution.
When does the defense call their witnesses?
What determines the order in which witnesses appear in court to ...
user36735
26
votes
1
answer
6k
views
Is a lawyer allowed to "rescue" his witness on redirect, and if so, when?
A lawyer puts up an expert witness to testify on a technical matter. The opposition leads him through several questions on "cross," and then concludes with, "So it is possible that X ...
- 6,410
1
vote
3
answers
190
views
Are there "eggshell skull" issues involved in lawyering?
There are probably numerous examples, but this is the one I am most familiar with.
You are pursuing a lawsuit in which the defendant is 300 pounds, and shows other signs of being prone to a heart ...
- 6,410
0
votes
1
answer
138
views
To what extent can you be cross examined for "showing," rather than "telling" about a crime?
My question was inspired by this question.
Suppose I see some "suspicious" activity on a New York City subway. I film this activity and report it to the police. The police decide on the ...
- 6,410
4
votes
3
answers
394
views
What are the limits to "cross examination?"
A witness takes the stand, and answers a number of questions about the issue in controversy. Then the opposing side gets to "cross" examine him or her.
To what extent is cross examination ...
- 6,410