![]() We hope this article has highlighted the importance of cross-examination. ![]() If the cross-examiner notices questionable areas in a testimony, they can challenge the reliability of these areas to ensure that the evidence presented in the case is true, reliable, and fair. Points such as accuracy, truthfulness, and credibility all come in play here. If the witness brought forward unreliable evidence in their testimony, it is the duty of the cross-examiner to challenge such a testimony. Challenging the reliability of the witness’s testimony will make or break a case. This links well with almost all the aforementioned points. This can be done by challenging the reliability of the witness’s testimony. Cross-examination is most effective if the cross-examiner can challenge areas that directly call into question the credibility of the witness. The credibility of a witness relates to their sincerity and whether they are speaking the truth as they believe it to be. A wide variety of factors are taken into consideration when testing the credibility of a witness. Very few things can damage a party’s case more than the credibility of a witness. This requires the cross-examiner to be very familiar with all the facts of the case, to prevent the possibility of missing fatal flaws in a witness’ statement. Anything that does not correlate with the facts, must be disputed. Determining the accuracy of the witness’ evidence will require the cross-examiner to listen attentively and carefully to everything said by the witness. If the cross-examiner realises that there are inaccuracies of any kind, they should address these inaccuracies directly. Separating lies from the truth is essential during cross-examination.ĭetermining inaccuracies in a witness’ statement can damage the overall case brought forward by the opposing party. When a witness brings their account of disputed events, cross-examination gives the cross-examiner the ability to question all evidence brought forward by the witness. ![]() “Cross-examination is the greatest legal engine ever invented for the discovery of truth,” said John Henry Wigmore. ![]() Cross-examination is a right and preventing cross-examination from happening might violate the fundamental right to a fair trial. Cross-examination allows the accused and the defendant to thoroughly analyse and challenge the evidence brought forward by opposing witnesses. This, in essence, is what makes cross-examination important. This is a fundamental right enshrined in the Constitution of the Republic of South Africa. Let us look at five reasons why cross-examination is such an important tool in any trial.Įvery person in South Africa has the right to a fair trial. During cross-examination, you will be able to challenge the truth or accuracy of the opponent’s witness’s version over disputed events. As the word suggests, cross-examination is to cross-examine the opposition witnesses’ testimony. Cross-examination occurs after examination in chief and is the process of questioning the opponent’s witness.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |