NCJ Number
13815
Journal
Journal of Criminal Law and Criminology Volume: 65 Issue: 1 Dated: (MARCH 1974) Pages: 2-45
Date Published
1974
Length
44 pages
Annotation
DISCUSSION OF LEGAL LIMITATIONS IMPOSED ON THE CROSS-EXAMINER, INCLUDING PERMISSIBLE SCOPE, FIFTH AMENDMENT CONSTRAINTS, AND WITNESS IMPEACHMENT.
Abstract
THE AUTHOR EXAMINES THE COMMON LAW, STATUTORY, CASE LAW, AND PROPOSED FEDERAL RULES OF EVIDENCE LIMITATIONS IMPOSED ON THE ADVOCATE CONDUCTING THE CROSS-EXAMINATION. HE DEVELOPS PERMISSIBLE QUESTIONING OF CHARACTER WITNESSES, EXPERT WITNESSES, AND WITNESSES CALLED BY THE COURT. CROSS-EXAMINATION OF ONE'S OWN WITNESS IS EXPLORED IN SOME DETAIL. THE LEGAL BASIS OF IMPEACHING WITNESSES BY PRIOR INCONSISTENT STATEMENTS, PRIOR CONVICTIONS, PRIOR MISCONDUCT, BIAS, INTEREST, HOSTILITY, AND CAPACITY IS PRESENTED. ALL LEGAL CONCEPTS ARE DOCUMENTED BY EXTENSIVE CITATION TO CASE LAW IN BOTH FEDERAL AND STATE JURISDICTIONS.