What is destructive cross-examination?

What is destructive cross-examination?

With destructive cross-examination, your goal is to destroy, or at least seriously hurt, the witness’ credibility or limit the effect of her testimony. This is the type of cross-examination we typically think of and, more importantly, that jurors have come to expect from watching television and movies.

What is cross-examination of a witness?

Cross-examination consists in interrogating the opposing party’s witness who has already testified (i.e. direct examination). It may be followed by a re-direct examination. 1. The scope of cross-examination is checking or discrediting the witness’s testimony, knowledge, or credibility.

What kind of questions Cannot be asked to a witness during cross-examination?

The questions which are asked should be in context to the facts relevant to the case and not beyond it. Leading questions can only be asked during cross-examination and not during examination-in-chief or re-examination unless and until the court allows.

What kind of questions can be asked in cross-examination?

In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.

Who were cross examined in the case?

Section 137 of the Evidence Act defines ‘Examination-in-Chief’ as examination of a witness by the party who calls him for giving evidence. The examination of that witness by the adverse party is called ‘cross-examination’.

How do you discredit a witness in court?

So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness’s testimony and impeach them through over witness statements.

What are the challenges when being cross examined by defense counsel?

Attorneys use cross-examination to question the accuracy of the witness’s memory, explore the witness’s biases, and challenge the witness’s ability to identify certain facts that they testified to.

Why are leading questions allowed in cross-examination?

Leading questions are also allowed during a cross-examination when an attorney is questioning the other party’s witnesses. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination.

What are leading questions in Evidence Act?

Section 141 of the Indian Evidence Act 1872 defines ‘Leading Questions’ as, “Any questions suggesting the answer which the person putting it wishes or expects to receive is called a leading question.”

How do you beat cross-examination?

Tips for a Successful Cross-Examination

1. Listen carefully to the prosecutor’s question and let him ask his entire question before you answer.
2. When you do answer, answer the question that is being asked, but nothing more.
3. Stay calm and don’t argue.
4. Tell the truth.
5. Think before you answer the question.
6. Don’t guess.

What is first cross-examination?

The purpose of cross-examination is to test the credibility of statements the witness made during direct examination. Each party to a criminal trial has the chance to call witnesses on his behalf. The party who calls the witness to testify goes first and asks the witness questions. This is called direct examination.

How do you cross examine witnesses in criminal case?

Use only leading questions Questions suggesting a subject is not a leading question. Leading questions are only allowed in cross-examination because its object is to elucidate the truth. The general rule is to compel the witness to say yes or no after every question.

What is cross-examination in criminal law?

Cross-examination is the art of asking simple questions in the right order. For the criminal defence lawyer, there are few things more important than cross-examination. In my experience, if a case is going to be won, it is usually during the prosecution case.

Why is cross-examination an adversarial question?

It is often an adversarial questioning, because the cross-examination attempts to uncover “the other side of the story.” A witness examined by both sides in a trial is much more likely to tell the whole truth rather than favor the party calling the witness. Cross-examination is a necessary right for a fair trial.

What is a cross examination in a traffic stop case?

Cross-examination by the defense asks the jury to question what was done procedurally during the stop and arrest, to challenge the validity of scientific tests or to doubt the law enforcement officer’s competency or even integrity. The prosecutor’s cross-examination can be an effective

Is the cross-examination an end in itself?

As Phil Boulten SC once said, a case rarely looks better for the defence than the moment that the Crown says ‘That’s the case for the Crown.’ Some advocates seem to regard the cross-examination as an end in itself. My view is that approach is an error.