Cross-Examination in South African Law
Cross-examination in South African Law traces the history of cross-examination and focuses on the substantive law relating to cross-examination.
Cross-examination in South African Law traces the history of cross-examination and focuses on the substantive law relating to cross-examination.
Topics covered include the problems related to an unrepresented accused in respect of cross examination and the difficulties which flow from having evidence translated.
The publication includes a useful section on cross-examination in quasi-judicial proceedings and commissions of enquiry.
What is advocacy?
Verbal skills
Preparation
Tenacity
Self control
Honesty
Humility
Conducting an interview
Open questions
The semi-open question
The closed question
The yes/no question
The alternative question
Simple and multiple questions
Leading questions
Rhetorical questions
Preparing for trial
The pleadings
Witnesses
Discovery
Physical evidence
Opening address
Examination in chief
The role of cross-examination
Trustworthiness or veracity
Contradictions between witnesses
Demeanour
Reliability
Probability
The aims of cross-examination
Advancing your client's case by eliciting favourable facts
Putting your client's case
Undermining your opponent's case
Impeachment
Prior statements
Inconsistent behaviour
Inconsistency with objectively known facts
Revealing inconsistencies between witnesses
Inconsistency with other material such as the
Improbabilities
Preparing for cross-examination
Study the facts
Make use of discovery
Inspections in loco
Dealing with your opponent's case
Study the law
Expert witnesses
Prepare a plan
Practical cross-examination
Prepare a plan
Keep notes
Seek an adjournment - if necessary
Subject material of cross-examination
Impeaching the witness
Clarifying evidence
Prior statements by the witness
Inconsistency between witnesses
Inconsistent behaviour
Exaggeration
Objective facts
The probabilities
Put your client's case
Technique
Planning
Simplicity
Humour, sarcasm and temper
Closing routes of retreat
Knowing when to stop
Smoke and mirrors
Leading questions: Assertiveness
Putting your client's case
Suggestion
Semantics
Closing address
Special problems
Identification
Circumstantial evidence
Experts
The expert's qualifications
The facts
The expert's opinion
Firearms and ballistics
Handwriting
Fingerprints
