Law - an evaluation of cross examination Essay Example | Topics and Well Written Essays - 2000 words

Law - an evaluation of cross examination - Essay Example In the case of witnesses in sexual offences cases, the prior sexual history of the complainant may not be allowed to be included in cross examination, unless sit contains issues of substantive fact and probative value. The cross examination is conducted by the opposing counsel and in the case of experts, submitting themselves to a cross examination means that their reputation and credibility will be at stake.1 It is necessary that the responses provided are very accurate because a slight variation can be equated to a lie by a cross examining attorney through suggestion.2 Experts are often subjected to rigorous cross examination because the final outcome of a case in several instances may rest upon the testimony provided by the expert witness. Counsel use several tactics in order top elicit evidence from the witnesses through the process of cross examination. One such tactic is to read aloud a statement from a document and ask the witness if it is correct. If the witness agrees, then s/he is agreeing to the statement contents as well as the attorney’s recitation of it.3 This can sometimes serve to allow the cross examining counsel’s perception of events to be thus recorded and may influence the final outcome of the case. While cross examination in general is very important, two of the most contentious areas have been cross examinations on bad character of defendants and cross examination of prior sexual offences, both of which are discussed below. When a plaintiff is being cross examined, the opposing attorney may not be allowed to include any questioning dealing with the prior character of the plaintiff, unless it is an issue of defamation.4 It is the Plaintiff who adduces evidence rather than the defendant and the general rule established in law is that prior evidence on a person’s character will be considered irrelevant and not allowed in