Study of the cross-examination in the American judicial system with the feasibility of its acceptance in Iranian law

Document Type : Original Article

Author

university of Maragheh

10.48308/jlr.2024.228104.2266

Abstract

In terms of the widespread use of witness testimony as one of the proofs of litigation in all legal systems, ascertaining the validity and value of this evidence is always considered one of the concerns of all legal systems, and each legal system according to its legal basis has clarified the conditioفns of its authenticity and validity. In American legal system, the process of cross-examination of the witness is one of the ways to ensure the accuracy of the testimony of witnesses, which is done by asking the witness numerous questions by the other side of the case. In Iranian law, despite the provision of powers for the court to question the witness, it is not possible to crossexamine the witness by lawyers and litigants. The existence of other solutions to guarantee honesty of the witness should be considered as main reason for not paying attention to this institution in Iranian law. The difference in the type of legal system historically and the existence of some special institutions and concepts in American law are other reasons that have been considered in the current research in explaining the differences. Since the issue of false testimony is one of the problems of Iran's judicial system and the inadequacy of the provisions related to the validation of witness testimony in Iranian law has been proven in practice, in the present study, in order to solve the problems related to false testimony the solution available in the legal system of America has been examined.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 02 March 2024

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History

  • Receive Date: 22 July 2022
  • Revise Date: 02 February 2024
  • Accept Date: 02 March 2024

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