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| Evidence |
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Inlaw,cross-examination is theinterrogation of awitness by one's opponent. It is preceded bydirect examination (known as examination-in-chief inIreland, theUnited Kingdom,Australia,Canada,South Africa,India andPakistan) and may be followed by aredirect (known as re-examination in the aforementioned countries). A 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 thejudge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (this may vary by jurisdiction).
In theUnited States federal courts, a cross-examiningattorney is generally limited by Rule 611 of the Federal Rules of Evidence to the "subject matter of the direct examination and matters affecting the witness's credibility". The rule also permits the trial court, in its discretion, to "allow inquiry into additional matters as if on direct examination". Manystate courts do permit a lawyer to cross-examine a witness on matters not raised during direct examination, though California restricts cross-examination to "any matter within the scope of the 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 behostile,leading questions are allowed on cross-examination. 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.[1]
Cross-examination is a key component of atrial and the topic is given substantial attention during courses ontrial advocacy.[2] The opinions of ajury 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 theclosing argument is often considered the deciding moment of a trial, effective cross-examination wins trials.[3]
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.[4] Typically during an attorney's closing argument, they will repeat any admissions made by witnesses that favor their case. In the United States, cross-examination is seen as a core part of the entireadversarial system of justice, in that it "is the principal means by which the believability of a witness and the truth of his testimony are tested."[5] Another key component affecting a trial outcome isjury selection, in which attorneys will attempt to include jurors from whom they feel they can get a favorable response or at the least an 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.
