General Discussion
In reply to the discussion: What are the authorities hiding in Missouri? Why NOT cross examine Wilson on the stand? [View all]Glassunion
(10,201 posts)The prosecutor did not want an indictment.
However, Wilson was not a defendant. He was a witness. In a grand jury there are no defendants as there has been no action brought against any party.
I do not dispute that an attorney can cross-examine their own witness. This however is not applicable in a grand jury, you are thinking criminal or civil trial procedure (which you quoted above).
In trial procedures, a witness is called to stand by either party. They are then "directly examined" by that party, then the other party will "cross examine" that same witness. At this point the original party may "redirect examination" of that witness, giving the second party the opportunity to "recross examine" the witness.
In grand jury procedures, the state presents evidence, and calls witnesses. Nothing more. The jury examines the evidence presented and can question the witnesses. There is no cross-examination taking place at all in a grand jury. The party whom the state is seeking to indict has no representation in grand jury proceedings.
The function of the grand jury is not to determine innocence or guilt, but to simply examine evidence to see if there is probable cause to bring action (indict).