09/04/2026
Things of the Law # 3
Cross- Examination
A trial should be about getting to the truth, and getting there is not always easy. In fact it is often difficult. John Henry Wigmore, an American legal scholar, and attorney, called cross examination “the greatest legal engine ever invented for discovery of truth.” The art of cross -examination goes back as far as the Proverbs of Solomon. Proverbs 18:17 says, “ The first to present his case seems correct until another comes forward and questions him. “ But the principle actually goes back as far as the Book of Job, the oldest book in the Bible, believed to have been written as far back as the 4th century, B. C. God told Job to, “ Brace yourself like a man. I will question you, and you shall answer me.” Job 38: 1-3.
In order to prepare for trial, in civil cases, lawyers take depositions to discover the story of what a case is about and what a witness will say. And good lawyers will test the witnesses. In criminal cases, lawyers must be more creative in preparing for cross-examination because most rules pertaining to criminal procedure do not allow depositions of witnesses, so interviewing, when possible , them becomes crucial, and performing thorough investigations is essential.