'What Makes the Engine Go': Cognitive Limits and Cross-Examination

Sanchirico, Chris William

doi:10.2139/ssrn.1428084

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'What Makes the Engine Go': Cognitive Limits and Cross-Examination

U of Penn Law School, Public Law Research Paper No. 09-16

U of Penn, Inst for Law & Econ Research Paper No. 09-21

19 Pages Posted: 2 Jul 2009

See all articles by Chris William Sanchirico

Chris William Sanchirico

University of Pennsylvania Carey Law School; University of Pennsylvania Wharton School - Business Economics and Public Policy Department

Date Written: June 30, 2009

Abstract

This essay is an attempt to shed light on one of the essential processes that drives the engine of cross-examination. Specifically, the essay puts forward several hypotheses regarding the important positive role that human cognitive limitations play in the functioning of cross-examination. In the process, the paper also offers a perspective on such mental limitations that is distinct from predominant approaches in cognitive psychology and law.

Keywords: Cross-examination, cognitive limits, witnesses

Suggested Citation: Suggested Citation

Sanchirico, Chris William, 'What Makes the Engine Go': Cognitive Limits and Cross-Examination (June 30, 2009). U of Penn Law School, Public Law Research Paper No. 09-16, U of Penn, Inst for Law & Econ Research Paper No. 09-21, Available at SSRN: https://ssrn.com/abstract=1428084 or http://dx.doi.org/10.2139/ssrn.1428084