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The Adversarial Process and the Vulnerable Witness$
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Louise Ellison

Print publication date: 2002

Print ISBN-13: 9780198299097

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299097.001.0001

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Cross-examination and the Youth Justice and Criminal Evidence Act 1999

Cross-examination and the Youth Justice and Criminal Evidence Act 1999

Chapter:
(p.114) (p.115) VI Cross-examination and the Youth Justice and Criminal Evidence Act 1999
Source:
The Adversarial Process and the Vulnerable Witness
Author(s):

Louise Ellison

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299097.003.0006

This chapter examines the flawed understanding of cross-examination in the context of the Youth Justice and Criminal Evidence Act (YJCEA) 1999 in Great Britain. It suggests that existing explanations for the treatment of witnesses during cross-examination have tended to examine categories of witnesses in isolation and to focus on those factors that separate them from other witnesses in alternative trial contexts. The chapter discusses a broader theoretical framework for understanding the documented tactics of adversary advocacy which posits systemic factors as the key determinants of the conduct of cross-examination.

Keywords:   cross-examination, YJCEA, Great Britain, witness, trials, adversary advocacy

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