Cross-Examination in the United States
A principal feature of the adversary process and a right guaranteed through the confrontation clause of the Sixth Amendment. Cross-examination is a technique by which the credibility of witnesses is attacked. Cross-examination allows an attorney to reveal weaknesses in a witness’s testimony, making it possible in some cases to completely discredit the witness. The scope of cross-examination is defined by direct examination since matters probed on
cross-examination must have been raised in the direct examination. The right to confront adverse witnesses through cross-examination is a key component in a criminal defendant’s need to create reasonable doubt.
See Also
Confrontation (Criminal Process) Direct Examination (Criminal Process) Reasonable Doubt (Criminal Process).
Notes and References
- Definition of Cross-Examination from the American Law Dictionary, 1991, California
Cross Examination Definition
In practice. The examination of a witness by the party opposed to the party who called him, and who examined or was entitled to examine him in chief.
Cross Examination in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Cross Examination | Cross Examination in the World Legal Encyclopedia. |
| Cross Examination | Cross Examination in the European Legal Encyclopedia. |
| Cross Examination | Cross Examination in the Asian Legal Encyclopedia. |
| Cross Examination | Cross Examination in the UK Legal Encyclopedia. |
| Cross Examination | Cross Examination in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Cross Examination
Scan Cross Examination in the appropriate area of law:
| Link | Description |
|---|---|
| Cross Examination | Cross Examination in the Family Law Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the IP Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Commercial Law Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Criminal Law Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Antritrust Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Tax Law Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Cross Examination | Cross Examination in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Cross Examination in the Dictionaries | Cross Examination in our legal dictionaries |
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Legal Issue for Attorneys
In practice. The examination of a witness by the party opposed to the party who called him, and who examined or was entitled to examine him in chief.
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This definition of Cross Examination Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Adversary System; Burden of Proof; Confessions; Counsel: Role of Counsel; Criminal Justice Process; Criminal Procedure: Constitutional Aspects; Trial, Criminal; Victims”>
evidence.
Related Case Law
Maryland v. Craig, 497 U.S. 836 (1990).
United States v. Owens, 484 U.S. 554 (1988).
Further Reading (Books)
Berger, Margaret A. “The Deconstitutionalization of the Confrontation Clause: A Proposal for a Prosecutorial Restraint Model.” Minnesota Law Review 76 (1992): 557-613.
Bennett, W. Lance, and Feldman, Martha S. Reconstructing Reality in the Courtroom: Justice and Judgment in American Culture. New Brunswick, N.J.: Rutgers University Press, 1981.
Blackstone, William. Commentaries on the Law of England, vol. 3. (1768). Chicago: University of Chicago Press, 1979.
Burns, Robert P. A Theory of the Trial. Princeton, N.J.: Princeton University Press, 1999.
Lempert, Richard O.; Gross, Samuel R.; and Liebman, James S. A Modern Approach to Evidence: Text Problems, Transcripts and Cases, 3d ed. St. Paul, Minn.: West Publishing Co., 2000.
Mauet, Thomas A. Trial Techniques, 5th ed. Gaithersburg, Md.: Aspen Publishing Inc., 1999.
Further Reading (Articles)
Cross-Examination in Child Sexual Assault Trials: Evidentiary Safeguard or an Opportunity to Confuse?, Melbourne University Law Review; April 1, 2009; Cossins, Anne
Cross-Examination in International Arbitration, Dispute Resolution Journal; February 1, 2007; Cymrot, Mark A.
Cross-examination at a jury trial. (Features)., Appraisal Journal; April 1, 2003; Talmage, Paul
The Ten Commandments of cross-examination[dagger], FDCC Quarterly; April 1, 2003; Pratt, Timothy A
Anatomy of Cross-Examination., Trial; April 1, 1994; Stewart, Larry S.
Cross-examination in employment cases: if the defendant is trying to cover up vengeful retaliation or malicious discrimination, cross-examination is your best opportunity to expose the lie., Trial; September 1, 2004; Ahmad, Joseph Y.
Mastering the Art of Cross-Examination, Dispute Resolution Journal; August 1, 2011; Cymrot, Mark A.
Is Cross-Examination in International Arbitration Worthwhile?, Dispute Resolution Journal; May 1, 2011; Fazzi, Cind
The art of trail advocacy: An approach to cross-examination: “It’s a commando raid, not the invasion of Europe”, Army Lawyer; July 1, 1998; Anonymous
Commentary: Slam dunk cross-examination, Lawyers USA; February 12, 2007; David E. Gordon
Cross-Examination.(Books and Reports), Legal Publisher; January 1, 2007
No Guaranteed Right Of Cross Examination In CARS.(Case overview), Mondaq Business Briefing; April 12, 2010; Hunt, Peter
Cross Examination., Legal Publisher; November 1, 2006
Use of learned treatises on cross examination: practical considerations.(Florida), Florida Bar Journal; July 1, 2005; Trentalange, Mike
Planning the cross-examination., Trial; February 1, 1998; Miller, Phillip I.
Use psychology in cross-examination., Trial; April 1, 2007; Stritmatter, Paul
Prior guidance on cross-examination improves witness testimony, Hindustan Times (New Delhi, India); June 16, 2010
CJ: Consider limiting cross-examination of witnesses, New Straits Times; November 4, 2004
Lincoln Park jury revisits Potter cross-examination., Providence Journal (Providence, RI); February 24, 2005
CROSS-EXAMINATION OF ERIK MENENDEZ ENDS.(News), Daily News (Los Angeles, CA); January 9, 1996
Resources
See Also
Adversary System; Burden of Proof; Confessions; Counsel: Role of Counsel; Criminal Justice Process; Criminal Procedure: Constitutional Aspects; Trial, Criminal; Victims”>
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