![Chief prosecutor, James M](https://upload.wikimedia.org/wikipedia/commons/9/9a/Chief_prosecutor%2C_James_M._McHaney%2C_examines_defendant_Gerhard_Rose_at_the_Doctors_trial_%28cropped%29.jpg)
In
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, cross-examination is the interrogation of a
witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
called by one's opponent. It is preceded by
direct examination
The direct examination or examination-in-chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. ...
(in
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
,
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
and
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
known as examination-in-chief) and may be followed by a
redirect
Redirect and its variants (e.g., redirection) may refer to:
Arts, entertainment, and media
* ''Redirect'', 2012 Christian metal album and its title track by Your Memorial
* ''Redirected'' (film), a 2014 action comedy film
Computing
* ICMP Re ...
(re-examination in Ireland,
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
,
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, Australia, Canada, South Africa, India,
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction).
Variations by jurisdiction
In the
United States federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the fed ...
, a cross-examining
attorney is typically not permitted to ask questions that do not pertain to the testimony offered during direct examination, but most
state courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination. Similarly, courts in England, South Africa, Australia, and Canada allow a cross-examiner to exceed the scope of direct examination.
Since a witness called by the opposing party is presumed to be
hostile
Hostility is seen as form of emotionally charged aggressive behavior. In everyday speech it is more commonly used as a synonym for anger and aggression.
It appears in several psychological theories. For instance it is a facet of neuroticism in ...
, cross-examination does permit
leading question
In common law systems that rely on testimony by witnesses, a leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit test ...
s. A witness called by a direct examiner, on the other hand, may only be treated as hostile by that examiner after being permitted to do so by the judge, at the request of that examiner and as a result of the witness being openly antagonistic and/or prejudiced against the party that called them.
Affecting the outcome of jury trials
Cross-examination is a key component of a trial and the topic is given substantial attention during courses on
trial advocacy
Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and in continuing legal edu ...
. The opinions of a jury or judge are often changed if cross examination casts doubt on the witness. On the other hand, a credible witness may reinforce the substance of their original statements and enhance the judge's or jury's belief. Though the closing argument is often considered the deciding moment of a trial, effective cross-examination wins trials.
Attorneys anticipate
hostile witnesses' responses during pretrial planning, and often attempt to shape the witnesses' perception of the questions to draw out information helpful to the attorney's case. Typically during an attorney's
closing argument
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of eviden ...
he will repeat any admissions made by witnesses that favor their case. Indeed, in the United States, cross-examination is seen as a core part of the entire
adversarial system
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to det ...
of justice, in that it "is the principal means by which the believability of a witness and the truth of his testimony are tested."
[''Davis v. Alaska'', .] Another key component affecting a trial outcome is the
jury selection
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. ...
, in which attorneys will attempt to include jurors from whom they feel they can get a favorable response or at the least unbiased fair decision. So while there are many factors affecting the outcome of a trial, the cross-examination of a witness will often influence an open-minded unbiased jury searching for the certainty of facts upon which to base their decision.
See also
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References
Further reading
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{{DEFAULTSORT:Cross-Examination
Criminal procedure
Civil procedure
Evidence law
Testimony
Legal terminology