Private: Evidence Law Content
Classification of cross-examination
There are two different types of cross-examination as
- Supportive (Concessional Based) and
- Supportive :
This type of cross-examination is employed when one wants to ask questions and get answers that support and advance the case. In supportive cross, questions are not used to attack, pillage and plunder the witness. Instead, cross is used to obtain favorable information,e.g. admissions, fill in- gaps in the story facts etc. from the witness. If one can develop favorable evidence from the opposition’s witness/he/she can then argue,”Their own witness said (insert the testimony favorable to your position).”It adds credibility to the evidence if it comes from an opposing witness. If someone is gong to rely on the evidence from an opposition witness , it may not make sense to attack the credibility of that witness. Occasionally , the testimony on direct may be so helpful to the theory of the case that he/she simply have the witness repeat it on cross and pass the witness. In most instances, the favorable evidence that will accrue from opposition witness will come in small increments.
A discrediting cross-examination occurs when one attempts to discredit the believability of a witness, factual testimony by showing that it does not jibe with common sense or with what other say. He/she may want to use cross to show what the witness does not know or what the witness did not do in investigation. He/she may want to employ cross to impeach the witness. Evidentiary procedure and rules provide a number of traditional modes of impeachment. For example , a witness may be impeached by proof of inability to understand the nature and obligation of an oath to tell the truth.