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These linguistic strategies of the legal professionals combine with witnesses' attempts to persist with their story in the disruption of the evidentiary harmony of examination-in-chief.
This study has used sociolinguistic microanalysis to examine how witnesses are controlled in their examination-in-chief, and par ticularly how they are silenced.
The study is restricted to examination-in-chief, thus removing the possibility of communicative strategies designed to trick a witness - a frequent par t of cross-examination.
In the present study, by far the most questions addressed to witnesses, both in examination-in-chief and in cross-examination, are yes -no questions, which appear to require a minimal answer.
The present study appears to be the first to look at questions asked by judges during examination-in-chief (in which the primary questioner is the witness's lawyer).
The essence of examination-in-chief is that the advocate must not lead the witness.
The counsel who conducted the examination-in-chief and cross-examination remained in the courtroom.
In contrast, if a tape is to be of much use it should replace entirely examination-in-chief.
In these clauses we propose a regime which should spare the child examination-in-chief, allowing a video to serve instead.
It means having spent years listening to people telling the story in the cells, hearing them give the same evidence in examination-in-chief and cross-examining them.
So far as the examination-in-chief is concerned, the workman has to adduce evidence to prove that he has been elsewhere seeking employment.
That underlies the suggestion that both the examination-in-chief and cross-examination of children should take place before trial.