Cross-examination

Abstract: The way in which children are questioned in forensic contexts can impact on the accuracy of their responses. Past studies have shown that children were often questioned in the New Zealand courts in ways that profoundly contradict best practice. This study analyses the questions posed to 18 child witnesses by forensic interviewers, prosecutors, and defence lawyers during criminal trials held in New Zealand courts in 2008. The results suggest that, as was found in earlier studies, many of the questions posed to children during cross-examination in particular were inconsistent with best practice in terms of eliciting full and accurate information from children. Indeed, the heavy reliance on closed, leading and complex questions, along with other common practices, casts doubt on the forensic safety of cross-examination, calling into question its fairness for children. The implications of these results for policy and practice are explored.

Abstract: This paper is a post-hoc examination of the questioning used in six rape trials. Questions asked in the evidence-in-chief and cross-examination of six complainants and five defendants were coded into different categories. The categories comprised "open", "closed", "leading", "heavily-leading" and "yes/no" questions; questions that are known to increasingly constrain witness responses. Additionally, the frequency of "multiple questions", and questions with "negatives" and "double negatives" were recorded; questions that witnesses have difficulty understanding. Broadly speaking, results showed that questions in both evidence-in-chief and cross-examination were of a constraining nature and allowed witnesses little opportunity to provide complete accounts of alleged events, particularly during cross-examination. Multiple questions were frequent although negatives were comparatively rare, and double negatives did not occur. Similar forms of questioning were used for complainants as for defendants, although mor...

Abstract: The criminal court system in New Zealand is adversarial Despite recent changes to the law allowing children's evidence‐in‐chief to be presented on videotape, children are usually cross‐examined in court or via closed‐circuit television A theme analysis was conducted on the questions asked in 26 transcripts of cross‐examinations of child witnesses who allege sexual abuse in criminal proceedings In a parallel study, 14 lawyers were interviewed on the strategies they employ when cross‐examining child complainants of sexual abuse It is argued that current cross‐examination practices in the criminal courts may often breach the New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors (Rules 81, 85 and 105), and the United Nations Convention on the Rights of the Child (Articles 3(1) and 39) As a result of the studies, five steps are identified which have the potential to ensure that cross‐examinations are consistent with the legal code of ethics and which will produce trials th