Can evidence be cross examined?
A witness may be cross-examined on any matter relevant to any issue in the case, including credibility.
Can a child be used as a witness?
Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge’s chambers or in a closed courtroom.
What should the witness do during cross examination?
A tenet of cross-examination is that you should only ask questions you know the answers to. When you do, you can control a witness and force them to testify to facts beneficial to your client’s case. But how you ask your questions is the key to getting the answers you are looking for.
What are the five exceptions to the rule prohibiting leading questions on direct examination?
Five exceptions to the rule prohibiting leading questions direct examination are questioning (1) with respect to undisputed preliminary or inconsequential maters; (2) when a witness is hostile, unwilling, frightened, or biased; (3) with respect to a child or adult witness who has difficulty communicating; (4) a witness …
How do you respond to being cross-examined?
Tips for a Successful Cross-Examination
- Listen carefully to the prosecutor’s question and let him ask his entire question before you answer.
- When you do answer, answer the question that is being asked, but nothing more.
- Stay calm and don’t argue.
- Tell the truth.
- Think before you answer the question.
- Don’t guess.
What can be asked in cross-examination?
In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.
Can a child be compelled to give evidence?
Children. Children of any age can be called to give evidence; their competence depends upon their understanding, not their age. As far as competency is concerned, the same test is applied to child witnesses as for adult witnesses.
Can a minor give evidence in court?
As per Section 118 of the Indian Evidence Act[ii], all persons, including a child or an aged except a tender year, extreme old age, disease-whether of body or mind- or any other similar cause, are competent to be considered as a witness in the court of law if they are able to understand the questions put to them, or …
Which type of questions should you ask a witness during cross-examination?
Your cross-examination can also include questions about the witness’s underlying motivations for testifying or any bias that the witness may have in favor of the other party or against you. For example, you could ask: Isn’t it true that you owe the other party money?
What are the rules for cross-examination?
Every party has a right to cross-examine a witness produced by his antagonist, in order to test whether the witness has the knowledge of the things he testifies and if, is found that the witness had the means and ability to ascertain the facts about which he testifies, then his memory, his motives, everything may be …
What is the purpose of cross-examination?
The purpose of cross-examination is to create doubt about the truthfulness of the witness’s testimony, especially as it applies to the incidents that are at issue in the case. Cross-examination questions are usually the opposite of direct examination questions.
When does an accused oppose the admission of evidence during cross-examination?
In situations where the accused opposes the admission of evidence during cross-examination due to alleged breach of his right to a fair trial, a Trial Chamber must consider how it intends to strike the appropriate balance between the need to ensure the rights of the accused and its decision to admit such evidence. 23.
Can documents be used in cross-examination and examination in chief?
Evidence – The Use of Documents in Cross-Examination and Examination in Chief in Criminal Trials by Dina Yehia SC INTRODUCTION 1. This paper will discuss a number of provisions under the Evidence Act1995 that deal with the use of documents, during both cross-examination and examination-in-chief, in criminal proceedings.
How to cross-examine children in criminal cases?
Practical suggestions for cross-examining children. (i) IDENTIFYING SOME OF THE ARGUMENTS FOR LEGISLATIVE CHANGE IN RECENT YEARS There can be little doubt that giving evidence in a criminal trial can be a stressful and difficult experience. This is so for Crown witnesses, Defence witnesses and accused persons.
When is cross-examination permissible?
On a narrow approach, cross-examination is only permissible in respect of the particular evidence that is ‘unfavourable’: R v Hogan  NSWCCA 292. 24.