Editing Cross-examination

{{Short description|Interrogation of a witness called by one's opponent}}
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[[File:Chief prosecutor, James M. McHaney, examines defendant Gerhard Rose at the Doctors trial (cropped).jpg|thumb|Chief prosecutor James M. McHaney examines defendant [[Gerhard Rose]] at the [[Doctors' Trial]].]]
{{Evidence law}}
In [[law]], '''cross-examination''' is the [[interrogation]] of a [[witness]] by one's opponent. It is preceded by [[direct examination]] (known as examination-in-chief in [[Law of the Republic of Ireland|Ireland]], the [[Law of the United Kingdom|United Kingdom]], [[Australian legal system|Australia]], [[Law of Canada|Canada]], [[Law of South Africa|South Africa]], [[Law of India|India]] and [[Law of Pakistan|Pakistan]]) and may be followed by a [[Redirect examination|redirect]] (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 the [[judge]]'s discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (this may vary by jurisdiction).

== Variations by jurisdiction ==
In the [[Federal judiciary of the United States|United States federal courts]], a cross-examining [[lawyer|attorney]] 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". Many [[State court (United States)|state 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 be [[hostile witness|hostile]], [[leading question]]s 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.<ref>Ehrhardt, Charles W. and Stephanie J. Young, [http://www.law.fsu.edu/journals/lawreview/issues/232/ehrhardt.html "Using Leading Questions During Direct Examination"] {{webarchive|url=https://web.archive.org/web/20081103082145/http://www.law.fsu.edu/journals/lawreview/issues/232/ehrhardt.html|date=2008-11-03}}, Florida State University Law Review, 1996. Accessed November 26, 2008.</ref>

== Affecting the outcome of jury trials ==
Cross-examination is a key component of a [[trial]] and the topic is given substantial attention during courses on [[trial advocacy]].<ref>Lubet, Steven; ''[[iarchive:moderntrialadvoc0000lube m2d0|Modern Trial Advocacy]]'', NITA, New York, NY 2004 pp. 83 et. seq. {{ISBN|1556818866}}</ref> The opinions of a [[jury]] 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 the [[closing argument]] is often considered the deciding moment of a trial, effective cross-examination wins trials.<ref>{{cite book
|title=Relentless Criminal Cross-Examination|last=Mahoney|first=Kevin J|location=Costa Mesa, California|publisher=James Publishing|year=2008|isbn=978-1580121255}}</ref>

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.<ref>Dreier, A.S.; ''Strategy, Planning & Litigating to Win''; Conatus, Boston, MA, 2012, pp. 79-85; {{ISBN|0615676952}}</ref>  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 entire [[adversarial 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."<ref>''Davis v. Alaska'', {{ussc|415|308|1974}}.</ref> Another key component affecting a trial outcome is [[jury 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.

==See also==
* {{annotated link|Litigation strategy}}
* {{annotated link|Testimony}}
* {{annotated link|Trial advocacy}}
* {{annotated link|Witness impeachment}}

==References==
{{Reflist}}

== Further reading ==
{{Wiktionary|cross-examination}}
*{{cite book|title=Advocacy 2007/2008 (Blackstone Bar Manual) |author=City Law School |author-link=City Law School |location=Oxford |publisher=[[Oxford University Press]] |year=2007 |isbn=978-0-19-921220-0}}
*{{cite book|title=The Art of the Advocate |author=Du Cann, Richard |location=London |publisher=Penguin |year=1993 |isbn=0-14-017931-3}}
*{{cite book|title=The Golden Rules of Advocacy |author=Evans, K. |year=1993 |location=London |publisher=[[Blackstone Press]] |isbn=1-85431-259-6}}
*{{cite book|title=The Devil's Advocate |author=Morley, I |location=London |publisher=[[Sweet & Maxwell]] |year=2005 |isbn=0-421-91480-7}}
*{{cite book|title=Advocacy |author=Ross, D. |location=London |publisher=[[Cambridge University Press]] |year=2005 |isbn=0-521-61117-2}}
*{{cite book|last=Wellman|first=Francis L.|year=1919|title=The Art of Cross-Examination: with Cross-Examination of Some Important Witnesses in Some Celebrated Cases|edition=New and Enlarged|publisher=The Macmillan Company|publication-place=New York & London|url=https://archive.org/stream/artofcrossexamin00welluoft#page/n7/mode/2up|access-date=3 March 2021 |via=[[Internet Archive]]}}
*{{cite book |url=https://archive.org/details/artofcrossexamin00fran |title=The Art of Cross-Examination |author=Wellman, F. |year=2007 |isbn=978-1-59462-647-0 |url-access=registration |orig-year=1903 |publisher=Standard Publications}}
*{{cite book|title=Relentless Criminal Cross-Examination |author=Mahoney, K. |year=2008 |publisher=James Publishing Company |isbn=978-1-58012-125-5}}

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[[Category:Criminal procedure]]
[[Category:Civil procedure]]
[[Category:Evidence law]]
[[Category:Testimony]]
[[Category:Legal terminology]]