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Abstract

Testimony by live witnesses in open court forms the basis of the American trial. Today, almost anyone having relevant information is competent to testify., Fact-finders know, however, that not all testimony should be given the same weight. A witness may have failed to perceive events clearly or have forgotten important details. A witness may give ambiguous testimony or simply be lying. Cross-examination is the tool designed to reveal these defects. Cross-examiners can use several different means to suggest a witness is lying. Two of the most important are to show a witness has a criminal conviction or committed a bad act sometime in the past. In both instances the questioner wants the fact-finder to infer the witness is not a law-abiding or moral person and therefore cannot be trusted to tell the truth.

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