Eli5 what is cross examination

935 views

What is cross-examination and when is it applied in court?

In: 4

15 Answers

Anonymous 0 Comments

It’s when a lawyer asks questions of a witness that isn’t their own witness. Defense and Prosecution both have witnesses, and they get to put them forward to make some point. Cross examination is when they try to undermine the point the other side is creating with their witness.

Anonymous 0 Comments

It’s when a lawyer asks questions of a witness that isn’t their own witness. Defense and Prosecution both have witnesses, and they get to put them forward to make some point. Cross examination is when they try to undermine the point the other side is creating with their witness.

Anonymous 0 Comments

It’s when a lawyer asks questions of a witness that isn’t their own witness. Defense and Prosecution both have witnesses, and they get to put them forward to make some point. Cross examination is when they try to undermine the point the other side is creating with their witness.

Anonymous 0 Comments

There’s 2 sides in a trial.
The person who’s on trial (the accused) and the person trying to get them convicted. (Prosecution)

Both sides can bring forth witnesses to hear.
But when a person is brought to testify, the other side can also “cross-examine” that witness.

This can be used to discredit the witness, making their testimony less reliable. And/Or it can be used to gather information that could help the other side.

Anonymous 0 Comments

There’s 2 sides in a trial.
The person who’s on trial (the accused) and the person trying to get them convicted. (Prosecution)

Both sides can bring forth witnesses to hear.
But when a person is brought to testify, the other side can also “cross-examine” that witness.

This can be used to discredit the witness, making their testimony less reliable. And/Or it can be used to gather information that could help the other side.

Anonymous 0 Comments

Let’s say Alice is a prosecution lawyer for a murder trial and she calls Bob as a witness. This is the direct examination, so she asks Bob all sorts of questions about what he experienced. Maybe he saw the defendant sharpening their knife collection, or heard the defendant talking about how much they like killing people, or saw the defendant drop a bloody trash bag in a dumpster. Now Alice already knows this—she’s already interviewed Bob and determined that his testimony would help her case—and this is just repeating it all for the sake of the jury.

When Alice is done, then it’s Charlie the defense attorney’s turn to question Bob. This is the cross-examination. His goal is to try and poke holes in Bob’s testimony, with the goal of showing that what Bob just said doesn’t prove the defendant’s guilt. This could be done by showing that Bob’s view is biased, or that his memory’s unreliable, or that he was leaping to conclusions at what he saw. This could be questions like “Isn’t the defendant a chef, though?” or “Are you sure you didn’t mishear the defendant?” or “Did you check to see whether that was blood or did you just assume it?” They can also try and elicit some new information that would accomplish this goal as well, like “Did you ever hold any grudges against the defendant?”

Now, there are limits as to what lawyers can ask during the cross-examination. They’re generally restricted to asking about topics that were first raised during the direct examination or are otherwise pertinent to the case. They can’t be argumentative with the witness, make baseless speculation, or ask leading questions, either. If they do, the opposing counsel can object (this is where the trope of “OBJECTION!” scenes in court dramas comes from), and the question is stricken from the record.

Anonymous 0 Comments

There’s 2 sides in a trial.
The person who’s on trial (the accused) and the person trying to get them convicted. (Prosecution)

Both sides can bring forth witnesses to hear.
But when a person is brought to testify, the other side can also “cross-examine” that witness.

This can be used to discredit the witness, making their testimony less reliable. And/Or it can be used to gather information that could help the other side.

Anonymous 0 Comments

In a court case, when one side presents a witness to help make their case, the other side’s lawyers also get to ask that witness questions, too. So it’s applied or can be applied to any witness who testifies during a trial.

Anonymous 0 Comments

Let’s say Alice is a prosecution lawyer for a murder trial and she calls Bob as a witness. This is the direct examination, so she asks Bob all sorts of questions about what he experienced. Maybe he saw the defendant sharpening their knife collection, or heard the defendant talking about how much they like killing people, or saw the defendant drop a bloody trash bag in a dumpster. Now Alice already knows this—she’s already interviewed Bob and determined that his testimony would help her case—and this is just repeating it all for the sake of the jury.

When Alice is done, then it’s Charlie the defense attorney’s turn to question Bob. This is the cross-examination. His goal is to try and poke holes in Bob’s testimony, with the goal of showing that what Bob just said doesn’t prove the defendant’s guilt. This could be done by showing that Bob’s view is biased, or that his memory’s unreliable, or that he was leaping to conclusions at what he saw. This could be questions like “Isn’t the defendant a chef, though?” or “Are you sure you didn’t mishear the defendant?” or “Did you check to see whether that was blood or did you just assume it?” They can also try and elicit some new information that would accomplish this goal as well, like “Did you ever hold any grudges against the defendant?”

Now, there are limits as to what lawyers can ask during the cross-examination. They’re generally restricted to asking about topics that were first raised during the direct examination or are otherwise pertinent to the case. They can’t be argumentative with the witness, make baseless speculation, or ask leading questions, either. If they do, the opposing counsel can object (this is where the trope of “OBJECTION!” scenes in court dramas comes from), and the question is stricken from the record.

Anonymous 0 Comments

In a court case, when one side presents a witness to help make their case, the other side’s lawyers also get to ask that witness questions, too. So it’s applied or can be applied to any witness who testifies during a trial.