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The Art of Cross-Examination is a classic text for trial attorneys and law students on how to cross-examine witnesses. Written by American attorney Francis L. Wellman, the book was first published in 1903 by The Macmillan Company, and was still in print more than 100 years later. [1] [2]
Evidence. 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 Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be followed by a redirect (known as re-examination in the aforementioned countries).
But even where the witness is unavailable, the defendant must have had a prior opportunity to confront the witness through cross examination. A witness may be unavailable for a variety of reasons. A common reason for a witness to be unavailable is that the witness is claiming a Fifth Amendment privilege against self incrimination.
At the same time, Daniels’ cross-examination by Trump lawyer Susan Necheles had its own problems and may have increased the jury’s sympathy for the witness. Necheles continually accused ...
Donald Trump's former lawyer Michael Cohen returned to the witness stand Monday for a third day of cross-examination, admitting he conned Trump and his company out of money while also maintaining ...
May 16, 2024 at 12:00 AM. Seth Wenig/AP. Donald Trump’s former fixer Michael Cohen goes back on the stand Thursday braced for another bruising day of cross-examination that is shaping up as the ...
the witness is subject to cross-examination about the prior statement. (801(d)(1), 2014, Federal Rules of Evidence by Muller and Kirkpatrick) A prior inconsistent statement offered solely for impeachment purposes is admissible regardless of whether it satisfies those requirements.
Morley Swingle, the elected prosecuting attorney for Cape Girardeau County, Missouri, and a published mystery novelist, recounts how his extensive preparation for the cross-examination of an expert witness led to a Perry Mason moment, as recognized by a journalist present. The defendant was a teenage boy accused of killing his girlfriend.