Adversarial Influences on the Interrogation of Trial Witnesses

Abstract

This chapter examines adversarial incentives that affect the interrogation of witnesses by parties harmed by their testimony. It asks whether these incentives help or hamper the discovery of truth. Putting it another way, this chapter evaluates Wigmore's famous claim that adversarial cross-examination is "beyond any doubt the greatest legal engine ever invented for the discovery of truth" (Wigmore, 1974). Topics discussed include: precepts of contemporary cross-examination, exceptions to the low-risk precepts, comparison of adversarial and inquisitorial incentives, when can adversarial cross-examination elicit new facts, prophylactic effect of cross-examination in deterring deception, other benefits of cross-examination, the costs and harms of cross-examination, and trial cross-examination in the context of associated procedures. (PsycINFO Database Record (c) 2019 APA, all rights reserved)