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Understanding Cross-Examination – How It Works During Criminal Proceedings
Andrew Byrnes Law Group • August 17, 2020
Cross-examination is the process of a witness being questioned in Court regarding their evidence so that their evidence is tested. Cross-examination as a process has been designed to highlight the deficiencies in the other party’s evidence.
Any specific inconsistencies are sought to be exposed in the witness’s testimony.
If you are preparing for Court or dealing with cross-examination or simply wish to learn more, here is a quick guide detailing what you need to know.
Who may be cross-examined?
In general, witnesses called upon by the court to provide evidence can be cross-examined by the opposing party in the proceeding.
An individual called for the purpose of procuring documents not produced in examination in chief may not be cross-examined. A person who has been called by mistake also does not necessarily have to be cross-examined.
How can a witness be cross-examined?
Cross-examination of witnesses usually happens through closed questions, which are then asked in court under the control of the judge or magistrate. There are exceptions to the rule, especially when it comes to the protection of the witness’s wellbeing.
A person can only be cross-examined based on evidence that that person has given. Confusing or misleading questions may not be asked.
The other party may attempt to place a disparaging view on the witness’s credibility, perhaps even discrediting the entire testimony altogether. Here are ways a witness can be attacked:
- Questioning the competency of a witness
- Testing the witness’s ability to accurately recall information, details, and other relevant facts surrounding the circumstances
- Attempting to establish bias or lack of impartiality, especially in the presence of a jury
- Implanting confusion or doubt in a compounded or rolled up series of questions
As stated, a witness being cross-examined must only face questioning regarding evidence that is admissible. A question of a witness calling for speculation, argument, hearsay evidence, or answers that are far from their actual knowledge will not necessarily be accepted by the court.
When must you cross-examine?
Most cases need cross-examination to fully understand and test the evidence of the case. Evidence may either be lacking or questionable, and witnesses may be providing contradictory statements to that of your witnesses. A cross-examination will prove to be helpful in such instances, but careful consideration is needed before it is done.
Work With The Best Criminal Lawyers in Canberra
Cross-examination is regarded as one of the most potent instruments lawyers can wield, as it can be used to destroy testimonies and credibility of the other party’s witnesses. When used right, it can earn the defendant’s freedom; used against the party, it can be lethal. It’s vital to learn everything there is to know about cross-examination, but the law can be much too complicated to figure it out yourself. You’ll realistically need the help of a lawyer, so never hesitate to contact one.
If you seek the advice of a criminal lawyer in Canberra, Andrew Byrnes Law Group is ready to help. Results-orientated and fearless, we’ll help you come up with a solid defence strategy for your case. Book a free consultation with us today.
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