Questions tagged [cross-examination]

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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 ...
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1answer
86 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 ...
9
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3answers
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 ...
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2answers
95 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
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2answers
114 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, ...
0
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1answer
87 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 ...
26
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1answer
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 ...
1
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3answers
161 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 ...
0
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1answer
92 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 ...
4
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3answers
185 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 ...