Cross-Examination - The Art And Style Of Cross-examination, Protection Of The Right To Cross-examine: The Hearsay Rule
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During a trial, virtually all evidence is presented to the fact finder (usually a jury in criminal cases, but sometimes a judge) through witnesses called by each party during that party's case. The party that has called a witness first has an opportunity to elicit testimony from that witness in direct examination. At the conclusion of direct examination, and usually with little delay, the opposing party will have a chance to cross-examine the witness (although he is not obliged to do so).
CASES
Maryland v. Craig, 497 U.S. 836 (1990).
United States v. Owens, 484 U.S. 554 (1988).
Additional Topics
During direct examination, the party who has called the witness to the stand will, if at all possible, appear to let the witness tell his story on his own. The style of direct examination—nonleading questions, which do not point the way to a particular answer—is generally required by the rules of evidence. It also makes tactical sense for the examiner, since the fact finder will prob…
The value that the American legal system places on cross-examination as a fact-finding tool is reflected in the hearsay rule. This rule (legislatively imposed in many jurisdictions, including federal, but a matter of common law in others) bars the introduction of statements made out of court if those statements are being offered to prove the truth of what the out-of-court declarant intended to say…
While the hearsay rule, which applies to both criminal and civil trials, recognizes the value of in-court cross-examination only by implication, criminal defendants can also assert an explicit constitutional right to cross-examination under the confrontation clause of the Sixth Amendment. That clause, which technically addresses only proceedings in federal court, has been interpreted to apply to s…
The Supreme Court has also recognized that the guarantee of reasonable cross-examination of witnesses who appear in court can be of limited value when those witnesses simply repeat what some out-of-court declarant said at some previous time. It did not do Sir Walter Raleigh much good to be able to cross-examine the boat pilot, when the pilot could shed no light on the reliability of the unidentifi…
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