Cross-Examination

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The process of cross-examination has been called the great steam engine to the truth

Cross-examination is based on the premise that lying is much harder to do than telling the truth and even harder to do when confronted with aggressive questioning from a well-prepared adversary.

The thrust behind cross-examination is that the examining lawyer is trying to assert control over the direction of the witness’s testimony, to lead the witness into answering questions that will be harmful to the adversary’s case.

After direct examination, the opposing counsel can cross-examine the same witness. This usually entails questions that are leading and aggressive. A leading question contains a presumed or inferred answer to the question.

For example, “Mr. Jones, when did you first call Mr. Smith a murderer?” In this question, it is inferred that Mr. Jones had called Mr. Smith a murderer on a previous occasion, even though there is no evidence to support that claim.

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