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Does a Pro Se Defendant Have a Right to Cross Examine the Prosecutor

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  • 03-30-2011, 10:15 AM
    chaz2000
    Does a Pro Se Defendant Have a Right to Cross Examine the Prosecutor
    My question involves criminal law for the state of: South Carolina

    I apologize for my ignorance.
    Is a prosecutor a witness against the defendant?
    Do I have a right to cross examine the prosecutor?

    Thanks!
  • 03-30-2011, 10:48 AM
    flyingron
    Re: Does a Pro Se Defendant Have a Right to Cross Examine the Prosecutor
    The prosecutor is not a witness. The prosecutor does not give testimony, he merely asks questions to elicit from witnesses.
    You can't cross-examine him. You can cross-examine witnesses he calls. It matters not if you have a lawyer or are pro se.
    What are you thinking you're going to accomplish by asking the prosecutor questions?

    If there's some compelling reason that the prosecutor needs to be questioned in the trial, you'd need to have that particular attorney disqualified and when your trial goes forth with another prosecutor, then you can call the other one (this has been done when there's some allegation of misconduct such as hiding exculpatory evidence).
  • 03-30-2011, 12:23 PM
    davidmcbeth3
    Re: Does a Pro Se Defendant Have a Right to Cross Examine the Prosecutor
    I hope you are not seriously considering going pro se when you don't know anything about the processes involved...
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