Crossexamination is the process of questioning an adverse party or witness. Reexamination of a witness once a witness has given their evidenceinchief and been crossexamined by the other side the solicitor may reexamine their witness. Henry, the honourable james winning advocacy challenges. The barristers duty in relation to crossexamination. Re examination of a witness once a witness has given their evidence in chief and been cross examined by the other side the solicitor may reexamine their witness. While no substitute exists for experience i have tried to outline some practical guidelines to assist those who are developing their own style and. In law, crossexamination is the interrogation of a witness called by ones opponent. Crossexamination is an art form only occasionally practiced by prosecutors, who instead necessarily focus much of their efforts on direct examination.
Ewaschuk in criminal pleadings and practice canada, 2d ed. Explain that crossexamination may not be gentle but the crossexaminer cannot harass the witness and the judge has certain remedies in extreme cases to control abuses. If the witness happens to be a woman, and at the close of her testimonyinchief. Reexamination also permits for the possibility of rehabilitating a witness whose credibility has been damaged on crossexamination. Mar 16, 2012 indian evidence act examination of witnesses part 1 of 3 chapter x deals with the examination of evidence. It is preceded by direct examination in ireland, the united kingdom, australia, canada, south africa, india and pakistan known as examinationinchief and may be followed by a redirect reexamination in ireland, england. The re examination must be restricted to matters that were covered during the cross examination. The examination of a witness called by the other side at trial and for which leading questions are permitted. Examination of witnesses in criminal proceedings visnu. Video recorded crossexamination or reexamination insight. You indicate the point you wish to make and put it to the witness. Differences between examination in chief and cross examination. Preparing for examination in chief of the expert presented by.
Preparing and conducting an effective examinationinchief and reexamination justice nancy spies introduction. Including examination in chief, cross examination, and re examination, founded on the art of winning cases. After their examinationinchief, the other partys lawyer can question them too. The witness may fill in gaps that were left in the direct testimony.
There are many secrets of fly fishing, but the essence of each of them is to listen to your instincts. During a trial, your cross examination of the opposing counsels witness is an opportunity to make him or her appear unreliable. Oct 23, 2015 in general, there are two types of crossexamination. This happens when the party calling the witness does not wish to ask that witness any question themselves, but calls the witness so that heshe can be sworn in and crossexamined by the other party if it wishes. Cross examination cross examination witness scribd. Similarly, if the cross examination has inflicted minimal damage, then the risks may well outweigh the possible gains of reexamining, as well as overemphasising any damage. The objects of crossexamination of a nonexpert fact witness include the following. So examination in chief is an exercise in suppressing your enthusiasm and intervening as little as possible. This means quite simply that you should not by your questions be seen to be leading evidence from the witness. How to take defence in cheque bounce case in court.
Leading questions are asked only in cross examination and re examination, first of all, prosecutor ask the question in the examination in chief in. It is subtle because a good chief examination focuses entirely on the witness and their evidence. When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then crossexamine the witness. Re examination also permits for the possibility of rehabilitating a witness whose credibility has been damaged on cross examination. Review anticipated areas of crossexamination and give examples of expected questions. It is hard to anticipate what questions may arise since re examination is dependent on the questions asked in cross examination but the expert should understand why he is being. Cross examination can at times take form of intensive questioning with the expected answers hinted to in such questions itself. Eliciting positive facts known to the witness that help your case or damage your opponents case.
Successful cross examinations capture the attention of the jury and judge and expose the. Pdf video recorded crossexamination or reexamination. Indian evidence act examination of witnesses part 1 of 3. Leading questions those that suggest their own answer should be avoided. Further the chapter also deals with how the evidence is presented and witnesses lay their testimony in the court as well as the powers of the judges in such matters. Examination, crossexamination, and redirect examination.
Crossexamination definition is the examination of a witness who has already testified in order to check or discredit the witnesss testimony, knowledge, or credibility. It is preceded by direct examination in ireland, the united kingdom, australia, canada, south africa, india and pakistan known as examination in chief and may be followed by a redirect re examination in ireland, england, scotland, australia, canada, south africa, india, hong kong, and pakistan. The evidence should appear to be flowing effortlessly from the witness. Nothing annoys me more than advocates who lead in reexamination. Including examination in chief, crossexamination, and reexamination. Including examination in chief, crossexamination, and reexamination in chief. Crossexamination usually consists of narrow, leading questions calling for yes.
Indian evidence act examination of witnesses part 1 of. If you continue browsing the site, you agree to the use of cookies on this website. Examination in chief electronic immigration network. Dec 31, 2012 examination of witnesses in criminal proceedingsforensic medicine by visnu. To master that art, lawyers need to give crossexamination the same attention they do other phases of trial. After a witness is directly examined, the opposing side conducts a crossexamination, the purpose of which is to impeach or test the validity of the testimony. Sample cross examination new york criminal lawyer zachary. So expert a witness had he become that chief justice van. Examination in chief legal definition of examination in chief. Choates crossexamination of russell sage in the third. During the trial in the regional court, the magistrate refused to allow crossexamination of the complainant concerning the contents of statements that she had made to the police. For more trial advocacy tips that will help you persuade. The ultimate challenge for a trial lawyer is to extract information from the opponents witnesses to support their clients case andor undermine the credibility of the opponents position. It requires not only extensive preparation but also a delicate balance between aggressively discrediting the witness on the one hand and respecting her as a person on the other.
Court examples of examinationinchief, cross examination. One purpose of examination in chief is to accustom the witness to the court room and to addressing the tribunal before she is subjected to cross examination. Cross examination definition, examples, cases, processes. Definition of examinationinchief in the legal dictionary by free online english dictionary and encyclopedia. Examinationinchief means the examination of witness by the. This is brought on by the prosecution bearing the burden of proof and the simple realities of many criminal. The scope of crossexamination is intentionally broad. According to at least one judge, most lawyers do a good job in their opening statements, direct examinations, and closing argument, but never learn the art of crossexamination. The usual practice is for you to call your client first, but it is worth remembering that, as counsel in the matter, you have a discretion when it comes to the order in which witnesses are called. The north carolina courts have consistently held that crossexamination may serve four purposes. Everything you need to know about examination of witnesses. The examination and cross examination has to be related to relevant facts but the cross examination need not be confined to the facts to which the witness testified on his examination in chief. Crossexamination may have touched on much of the statement, but in a manner aimed at damaging your clients credibility rather than enabling her to put her.
Moreover since already discussed earlier examination in chief requires a lot of skill, hard work and art. Section 9 deals with whether person summon to bring document can be cross. In criminal cases the crown has the right to begin. Section 37 of the act specially prohibits leading questions being used in examination in chief or reexamination of a witness subject to the exceptions spelt out. Foundations of effective crossexamination the litigator. Before conducting the crossexamination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as. Examinationinchief, crossexamination and reexamination 1 the right to begin. Leading questions therefore are used in cross examination.
A leading question can be put in the examinationinchief or reexamination with. It then turns to reexamination, where a witness who has been cross. Thus, the prosecution may examine the investigating police officers in chief to attempt to prove the case against the accused. Examination in chief, trial, runaway witness, redirect examination, recross examination, leading question, disclosure. In civil cases the plaintiff has the right to begin unless the defendant has the burden of proof on every issue. In law, cross examination is the interrogation of a witness called by ones opponent. In crossexamination you do not want the witness to tell the story.
The prosecutors crossexamination can be an effective. And whatever good you accomplish may be subject to immediate cure on redirect examination. Differences between examination in chief and crossexamination. Before conducting the cross examination of an expert witness, the criminal defense attorney must become an expert in forensic evidence as well as the basic principals of forensics.
Satchwell j came to the conclusion that the refusal to allow such cross examination was an irregularity and set the conviction aside. Crossexamination 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 officers competency or even integrity. My own perspective on crossexamination has recently broadened. Sample crossexamination transcripts criminal defense wiki. Examinationinchief legal definition of examinationinchief. In cross examination you do not want the witness to tell the story. Rule 611b allows crossexamination on any matter relevant to any issue in the case, including credibility. The reexamination must be restricted to matters that were covered during the crossexamination.
One purpose of examination in chief is to accustom the witness to the court room and to addressing the tribunal before she is subjected to crossexamination. Even if you suffer from lack of experience, you will shine out. We use your linkedin profile and activity data to personalize ads and to show you more relevant ads. Litigation is published by the journal of the section of litigation, american bar association. Crossexamination is generally limited to questioning only on matters. This chapter first discusses crossexamination, the questioning of a witness immediately after his examination in chief by the legal representative of the opponent of the party calling him, or by the opposing party in person, and by the legal representative of any other party to the proceedings or by any other party in person. Supportive crossexamination involves asking questions in an attempt to have the witness provide information that supports the crossexaminers case. Your client will have had only a limited opportunity to expand on her witness statement in examination in chief. None of these problems can be avoided entirely, but they can be minimized by conducting careful cross. This lesson defines cross examination, discusses cross examining techniques and provides examples. Examinationinchief, crossexamination and reexamination. The object of crossexamination is to elicit evidence which. Both subsections establish limits within which a trial judge should exercise the broader discretion of maintaining control and order. The purpose of re examination is to give the witness an opportunity to explain any matters raised during cross examination and is therefore limited to only those matters that were.
Including examination in chief, crossexamination, and reexamination in chief, crossexamination, and. Crossexamination takes place after examinationinchief, or when a witness is tendered for crossexamination. If you do it well, you will win your cases, time and again. Unless the court otherwise directs a crossexamination of a witness is not to take place before the examination in chief of the witness. Witness is unshakeable in crossexamination witness knows courtroom etiquette prep at the start of the case identify all. Mar 24, 2015 cross examination it is the greatest legal engine ever invented or discovery of truth. In the present study, by far the most questions addressed to witnesses, both in examinationinchief and in crossexamination.
Indian evidence actexamination in chief,cross examination. The purpose of reexamination is to give the witness an opportunity to explain any matters raised during crossexamination and is therefore limited to only those matters that were. Leading questions therefore are used in crossexamination. Lawyers have the ability to ask witnesses questions in the courtroom, which is cross examination. Cross examination it is the greatest legal engine ever invented or discovery of truth. When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross examine the witness. Covers what is examination in chief, cross examination, reexamination. Crossexamination questions should be limited to those which reveal information necessary to support statements made in the closing argument. Examinationinchief meaning in the cambridge english. Anyone who learns the rules can become a master of the art of crossexamination. Witnesses are introduced to a trial by their examinationinchief, which is when they answer questions asked by the lawyer representing the party which called them to the stand. With examination in chief the witness is allowed to tell their side of the story. K slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Examination of witnesses in criminal proceedingsforensic medicine by visnu.
Preparing for examinationinchief of the expert presented by. Crossexamination at trial of alleged victims of sexual crimes is an extraordinarily sensitive task. Dec 08, 2017 covers what is examination in chief, cross examination, reexamination. There is a new chapter on crossexamination to the fallacies of testimony, which is intended to be a brief discussion of the philosophy. Crossexamination purposes crossexamination is the process of questioning an adverse party or witness. During the trial in the regional court, the magistrate refused to allow cross examination of the complainant concerning the contents of statements that she had made to the police. Crossexamination definition of crossexamination by. Differences between examinationinchief and crossexamination. It is interesting that the vlrc did not join in the recommendation. Following are sample transcripts that include the states direct examination as well the defense attorneys crossexamination of state experts. Examination in chief is not an opportunity to take the witness through all the points that will be put in cross examination. Final point to note many witnesses come out of giving evidence feeling like they have not had a chance to have their say, but have just. But this system has been corrupted to an extent that the witnesses have merely become puppets whose threads are with the lawyer. Including examination in chief, crossexamination, and reexamination, founded on the art of winning cases.
The examination in chief is one of the methods of finding truth from the facts. Some counsel seemingly become so risk averse they are reluctant to join. Preparation for re examination part of your briefing process should be an explanation of the role of re examination and some practice re examination questions. Following are sample transcripts that include the states direct examination as well the defense attorneys cross examination of state experts. Sample cross examination cross examination at trial of alleged victims of sexual crimes is an extraordinarily sensitive task. Satchwell j came to the conclusion that the refusal to allow such crossexamination was. The prohibition against leading questions during examination in chief of favourable witnesses is intended to prevent the examination being unfairly conducted, ie. Cross examination is generally limited to questioning only on matters that were raised during direct examination.