Cross-examination can make true testimony appear false to a jury.

Evidence

The great legal scholar John Wigmore wrote in his treatise On Evidence that “cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth. A lawyer can do anything with a cross-examination.… He may, it is true, do more than he ought to do; he may make the truth appear like falsehood.” — , Harr Jonathan - A Civil Action, 2067

Categorization

  • SEED: Essay angle: the machinery of adversarial truth-finding as a machine for manufacturing doubt — Wigmore’s own admission that the engine can invert truth.
  • DEEPTHINKING: A paradox at the core of adversarial justice: the greatest truth-engine can be run in reverse, and no corrective exists.
  • APHORISMS: Worth keeping as a hard-won warning about any method that claims to extract truth by pressure.
  • XREF: connects to: Moral certainty is not proof, and cases are won by locating witnesses. — , Harr Jonathan - A Civil Action , 1018; Nervous, inexperienced expert witnesses read as more honest to juries — , Harr Jonathan - A Civil Action , 1414; Selective evidence can mislead juries about the case’s credibility. — Lynley Hood, A City Possessed, 2644 (+8 more)

Broader Connections