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His cross-examination of the witnesses of the " Times ", and especially his exposure of Richard Pigott, the author of the forgeries, made a favorable verdict inevitable.
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cross-examination and witnesses
Examination of hostile witnesses usually takes place on cross-examination.
There is no pre-trial discovery process, and no cross-examination of witnesses.
As Chairman of the Culture, Media and Sport Select Committee Kaufman's style of strong cross-examination and withering remarks to witnesses gained some renown.
Various witnesses called by Reilly to put Fisch near the Lindbergh house on the night of the kidnapping were discredited in cross-examination with incidents from their pasts, which including criminal records or mental instability.
After so many witnesses ' stories crumbling under cross-examination, Bate's testimony must have seemed to be the final blow to the prosecution's case.
The cross-examination of him and other witnesses by Birkett swayed the jury, and they took only fifteen minutes to find Rouse guilty of murder.
At the trial in New York in 1929, where the expert witnesses did not appear, the jury was not convinced by Berenson's Paris testimony, in part because, while under cross-examination there, he had been unable to recall the medium on which the picture was painted.
Although the Jencks Act applies only to government agents or employees who testify in criminal cases, making these witnesses and relevant documents available for cross-examination after testimony, it has been applied in administrative law cases in the interests of justice and fair play.
If it wanted to change the habeas statute, it could make all sorts of refined modifications about issues that we know nothing whatever about because we have only lawyers before us, we have no witnesses, we have no cross-examination, we have no investigative staff.
Kasabian did not break under the intensive cross-examination, and her testimony matched all of the physical evidence that had been presented, in addition to being supported by the subsequent prosecution witnesses.
These consist of the opening statements for the plaintiff and defense, each of the witnesses ’ testimony, direct and cross-examination by attorneys, and the closing statements for both sides.
Some of the criticisms of the Blount Report included the fact that it was done in secrecy, with no opportunity for cross-examination of witnesses and no witnesses placed under oath.
Prosecution witnesses testified without defense cross-examination.
Brietbart's defense rested primarily on cross-examination of the prosecution witnesses, with his only witness being an FBI agent to challenge Vitale's reliability.
However, the cross-examination of two of the witnesses damaged Caroline's case.
Appellees ' challenge to this procedure emphasizes the absence of any provisions for the personal appearance of the recipient before the reviewing official, for oral presentation of evidence, and for confrontation and cross-examination of adverse witnesses.
The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted such as during direct examination and cross-examination of witnesses.
cross-examination and Times
He was subpoenaed by ' The Times, and in the witness-box the whole story came out, all the efforts of Sir Charles Russell in cross-examination failing to shake his testimony.
cross-examination and ",
During cross-examination, Fuhrman, when asked by defense attorney F. Lee Bailey whether he had used the word " nigger ", said he hadn't used the word in 10 years.
Prime Minister Goh alleged that, as a result of this, his " reputation, moral authority and leadership standing have been gravely injured both local and internationally ", and during cross-examination by Jeyaretnam's counsel, George Carman QC, likened the statement to throwing a Molotov cocktail.
On cross-examination he testified that he had seen " all but three of those negroes ravish that girl ", but then changed his story, claiming he had not even seen " any white women " until the train " got to Paint Rock ".
Under cross-examination, Lord Guilford was unable to recall leaving a handsome Greek servant alone with Caroline for three-quarters of an hour, and Lady Charlotte had on occasion said " I do not recollect ", but without the same disdain that had met Majocchi's constant refrain of non mi ricordo.
Literary quotations are provided at the start of each chapter and it is insightful that for " Single Combat ", the chapter detailing the cross-examination of William Jennings Bryan by Clarence Darrow, that De Camp chose a quotation from Lewis Carroll's Through the Looking-Glass where Alice and the Queen talk about believing impossible things.
cross-examination and especially
In American jurisprudence, under the rules for hearsay, admission of an unsupported affidavit as evidence is unusual ( especially if the affiant is not available for cross-examination ) with regard to material facts which may be dispositive of the matter at bar.
Defective surveying of the original route of the L & MR caused by the hostility of some of the affected landowners meant that Stephenson encountered difficulty during Parliamentary scrutiny of the original bill, especially under cross-examination by Edward Hall Alderson.
cross-examination and Richard
As a result of obtaining depositions from David Atlee Phillips, Richard Helms, G. Gordon Liddy, Stansfield Turner and Marita Lorenz, plus a skillful cross-examination by Lane of E. Howard Hunt, the jury decided in January 1995 that Marchetti had not been guilty of libel when he suggested that John F. Kennedy had been assassinated by people working for the CIA.
He used depositions from David Atlee Phillips, Richard Helms, G. Gordon Liddy, Stansfield Turner, and Marita Lorenz, plus a cross-examination of Hunt.
Under cross-examination, Kunstler forced Correction Officer Donald Melven to retract his sworn identification of John Hill, Kunstler's client, and Charles Pernasilice ( defended by Richard Miller ), admitting he still retained " slight " doubts that he confessed to investigators at the time of the incident.
cross-examination and Pigott
Pigott broke down under cross-examination after the letter was shown to be a forgery by him with his characteristic spelling mistakes.
cross-examination and made
There is a measure of drama that cross-examination adds to any trial because of the challenging of the statements made by a witness.
A prior statement is not hearsay if the person who made the statement ( the " declarant ") is currently testifying and is subject to cross-examination at the current trial / hearing / proceeding / deposition, and
The Posse member Tom Rousseau made the same claim initially, but on cross-examination admitted finding the defendants scattered in various cars at the front of the train.
An inept cross-examination on his part weakened his argument, and an illness made him irritable and short-tempered.
provide that a declarant-witness who is currently giving testimony that is inconsistent with statements s / he made previously may be impeached by attorneys for either party, including the party that called the declarant-witness, through cross-examination at the current trial / hearing / proceeding / deposition.
# there must be an opportunity at the current trial to subject the declarant-witness to cross-examination about the prior statement s / he made at the prior trial ( 801 ( d )( 1 )); and
Thus, a witness might not normally be permitted to testify she is a safe driver, and the opponent cannot normally prove she is in general an unsafe driver but should the witness nonetheless happen to testify she is a safe driver ( say because no objection was made to the question ), her opponent can now contradict her by eliciting on cross-examination that she has been involved in several accidents.
cross-examination and favorable
The main purposes of cross-examination are to elicit favorable facts from the witness, or to impeach the credibility of the testifying witness to lessen the weight of unfavorable testimony.
cross-examination and verdict
Justice Mustapha Ibrahim ruled that the evidence of the prosecution was “ very weak, and so manifestly unreliable, and so discredited as a result of cross-examination, that no reasonable tribunal — none whatever — could safely convict on it .” The jurors soon returned a not-guilty verdict.
After the verdict was read, a juror told the press that while Miller's memory may have been bad, many on the jury felt sympathy for her due to the nature of her cross-examination.
cross-examination and .
C & O president Walter J. Tuohy was summoned back for cross-examination by New York Central attorneys before examiner John Bradford who is hearing the complex case.
However, should he decide to testify, he is subject to cross-examination and could be found guilty of perjury.
As the election to maintain an accused person's right to silence prevents any examination or cross-examination of that person's position, it follows that the decision of counsel as to what evidence will be called is a crucial tactic in any case in the adversarial system and hence it might be said that it is a lawyer's manipulation of the truth.
By contrast, while defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross-examination by the prosecutor and not given under oath.
This allows the defendant to explain his side of the case without being subject to cross-examination by a skilled opposition.
In some adversarial legislative systems, the court is permitted to make inferences on an accused's failure to face cross-examination or to answer a particular question.
In law, cross-examination is the interrogation of a witness called by one's opponent.
Since a witness called by the opposing party is presumed to be hostile, cross-examination does permit leading questions.
The advocate Edward Marshall-Hall built his career on cross-examination that often involved histrionic outbursts designed to sway jurors.
Most experienced and skilled cross-examiners however, refrain from caustic or abrasive cross-examination so as to avoid alienating jurors.
John Mortimer, Queen's Counsel, observed that " cross-examination " was not the art of examining crossly.
In the 1903 book titled The Art of Cross-Examination by Francis L. Wellmann much effort is devoted to highlighting components of cross-examination and the impact on trials of the past century.
Though the closing argument is often considered the deciding moment of a trial, effective cross-examination wins trials.
Indeed, 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.
So while there are many factors affecting the outcome of a trial, the cross-examination of a witness will often have an impact on an open minded unbiased jury searching for the certainty of facts upon which to base their decision.
The defense team objected during cross-examination of Echols when the prosecution attempted to question him about his past violent behaviors, but were overruled.
A party examining a hostile witness may question the witness as if in cross-examination, thus permitting the use of leading questions.
* "... on cross-examination, Professor Behe was questioned concerning his 1996 claim that science would never find an evolutionary explanation for the immune system.
Ordinarily leading questions should be permitted on cross-examination.
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