General Discussion
In reply to the discussion: What are the authorities hiding in Missouri? Why NOT cross examine Wilson on the stand? [View all]woolldog
(8,791 posts)Oh so the case is styled Missouri versus Wilson, but Wilson isn't the Defendant....okay....
Wilson was absolutely the Defendant in the grand jury proceeding and it is common to refer to the object of the grand jury investigation as the Defendant. I would refer you to the Federal Rules of Criminal Procedure Title III, Rule 6, governing federal Grand Jury proceedings, which refers to the object of the proceeding, throughout Rule 6 as the "defendant."
As to cross examination and direct, I have repeatedly told you that cross examination does not necessarily occur only after direct examination. It may occur as soon as the witness is deemed adverse, regardless of whatever dictionary definitions you cite. You have apparently chosen to ignore the case law that I have cited to you. I understand you wanting to cling to a definition you found online, but in law there are many exceptions to the general rules, and the treatment of adverse witnesses is one of those exceptions with respect to the timing of cross.
Utlimately, both these issues involve distinctions without a difference...and are distracting from the real issue. The substance of Ida's point (and mine) is that it is unprecedented to grant so much deference to the target of the inquiry in questioning. And it shows that the process was rigged. Seems like on that we agree.