Citation

Ellison L. Legal Stud. 2001; 21(3): 353-375.

Copyright

(Copyright © 2001, Society of Legal Scholars, Publisher John Wiley and Sons)

DOI

10.1111/j.1748-121X.2001.tb00172.x

PMID

unavailable

Abstract

Cross-examination is lauded within the common law tradition as the definitive forensic device for exposing testimonial infirmity. Victimological study of criminal trial proceedings has, however, revealed the extent to which cross-examination is used as a tool to humiliate, intimidate and confuse opposing witnesses. Particular difficulties confront children and those with learning disabilities as little reference is made during cross-examination to their special communicative needs. This paper reviews the tactics and techniques employed by cross-examiners to systematically destroy the credibility of those with limited language capability. The main aim of the paper is, however, to demonstrate the significant limitations of what may be termed an accommodation approach to the problems facing vulnerable witnesses, whereby 'solutions' are sought and crafted within the established trial framework. Such an approach ignores the very nature of adversary advacacy and the potent structural barriers to effective regulation of courtroom questioning within an adversarial system of trial.

Language: en