Apr 19 05:35
17 days ago
English term

Push him in the cross

English to Spanish Law/Patents Law (general)
Buenos días :)

Un abogado está hablando con el juez:

You must get the Crown’s witnesses to reveal what they know. Like Roberts. Who by rights should have been a witness for defence. They may have... got to him, somehow. May have some rabbit in a hat. You must push him in the cross.

¿Alguien sabe qué significa "push him in the cross"? ¿Poner contra las cuerdas?

Gracias

Discussion

Jennifer, as you well describe, the way it is written seems not to make sense to me, as a lawyer would not ask the judge to" push the witness to the cross". highly unethical/illegal.

I really do like your interpretation re. the judge giving more leeway to the lawyer doing the cross-examination.
Andrew Bramhall Apr 20:
@JL That was also my initial supposition,that this relates to a (US?) film script . The asker,Beatriz, seemed to inadvertently confirm this by suggesting a non-juridic idiom like 'poner contra las cuerdas' i.e the boxing analogy of getting them" on the ropes".
Jennifer Levey Apr 19:
@AB I'm just reading the entire question as posted by Beatriz - including her explanation about who is hablando con who, and drawing what seems to me to be a logical conclusion.

And when you, AB, write "surely the judge would be guilty of bias?", you'll understand why I asked Beatriz if she is translating a movie script.

That said, I'm all too well aware that there are corrupt judges in the 'real world' too :(
Andrew Bramhall Apr 19:
@JL If what you state is true, then surely the judge would be guilty of bias?
Jennifer Levey Apr 19:
@All No-one has (yet) explained, here in the discussion box or in the various answers, how it is that (according to the limited context given by Beatriz), the quoted text is uttered by un abogado who is hablando con el juez.
We don't know what formal role this abogado plays in this scenario, but he appears to be trying to persuade the (supposedly unbiased, impartial, ... ?!) judge to direct the cross-examination of the Crown's witnesses in a manner that will be favourable to the defendant's lawyer.

As noted in Ma. Alejandra´s excellent contribution, "cross-examination is the process where the opposing attorney questions a witness who has already testified on direct examination"; but there are rules to be followed and objections may be raised by the other lawyer with a view to having certain questions or interrogation tactics disallowed - and perhaps the ST is suggesting that the judge should allow or overrule such objections in a way that's favourable to the defense.

@Beatriz: Is this a movie script you're translating?
Sorry aqui la continuación Leading questions:
Asking questions that suggest the desired answer, rather than allowing the witness to answer freely.
Intense questioning:
Using aggressive or confrontational questioning to pressure the witness to provide certain information.
Interrupting and controlling the witness:
Taking control of the conversation and not allowing the witness to speak freely or offer alternative explanations.
Why is this controversial? While some lawyers find these tactics necessary to expose the truth, others consider them unethical or potentially coercive. The goal of cross-examination is to get at the facts, but it is also important to ensure that the process is fair and that the witness is not pressured into giving false testimony.
In summary, "pushing" a witness in the cross refers to using aggressive or leading questioning techniques during cross-examination to force the witness to reveal facts that support the lawyer's case, which can be a controversial and potentially problematic approach.
Beatriz, podria ser " tiene que "apretarlo" (slang rioplatense) con preguntas ..... durante el contrainterrogatorio."

La frase "you have to push him in the cross" es un termino legal refers to a lawyer using aggressive or leading questioning techniques during cross-examination to force a witness to reveal facts that support the lawyer's client's case.
Here's a more detailed explanation:
Cross-examination is the process where the opposing attorney questions a witness who has already testified on direct examination. The primary goal of cross-examination is to:
Test the witness's credibility: This involves questioning the witness's memory, biases, and motivations.
Challenge the witness's testimony: This can involve pointing out inconsistencies, contradictions, or weaknesses in the witness's story.
Reveal new facts: Cross-examination can also be used to bring out additional information that was not revealed during direct examination.
"Pushing" in the cross refers to the lawyer's tactics during cross-examination that are designed to control the witness and elicit specific answers. This can involve:
Leading questions:
Asking

Proposed translations

4 hrs

se le toca / debe presionar en el contrainterrogatorio

Yes, as per Discussion Entries.

Cross-examination is, contrary to pre-existing ProZ entries, hyphenated and is conducted by the opposing side's Counsel following - what is generally not so well known as - Examination *In-Chief* by the witness's or defendant's own Counsel or legally (un-)qualifed representative.

Crown's witness: UK, so either England & Wales, Scotland or Northern Ireland.

Push means press, so put under pressure.

Fortunately, at this time of year, not figuratively on the Cross (of intrusive and over-emphasised oral vs. written advocacy)
Example sentence:

El propósito del contrainterrogatorio es poner en duda lo que dice un testigo, especialmente sobre cualquier asunto que tenga que ver con el caso.

Peer comment(s):

neutral Giovanni Rengifo : "se le toca" is definitely incorrect. The other option should read "Debe presionarlo..." That would work here.
1 day 7 hrs
neutral Ma. Alejandra Padilla-LaCour : se le toca could even have strange / funny connotations
2 days 8 hrs
Something went wrong...
+1
8 hrs

arrinconarlo/acorralarlo en el contrainterrogatorio

Según el inglés bastante llano de tu frase contextual, creo que estas dos opciones (acorralar o arrinconar) son de uso común en los marcos procesales informales, además de bastante gráficas cuando se trata de ejercer presión con un contrainterrogatorio agresivo, donde básicamente el interrogado no debe escapar a las preguntas del letrado.
Peer comment(s):

agree Andrew Bramhall : Yes,superbly idiomatic; to corner/ corral, hem in,though no doubt deprecated by legal purists //What JL says is true, however the disagree is harsh and unmerited in my opinion.
5 hrs
Gracias, Andrew. And I also agree with Jennifer, but that's not my case, because in the explanation of my proposal I say that the person asking is a lawyer and not a judge.
disagree Jennifer Levey : It is not the legitimate (see discussion box comments) role of the judge to arrinconarlo/acorralarlo the witnesses - that's up to the lawyers.
7 hrs
My interpretation is precisely that the person asking the questions is the "letrado" (I have used this term in my explanation as a synonym for "abogado" (see 1. in https://dpej.rae.es/lema/letrado-da) and not the judge.
agree Ma. Alejandra Padilla-LaCour
1 day 11 hrs
Gracias, Ma. Alejandra.
Something went wrong...
12 hrs

Las preguntas del abogado de la defensa

Se trata de la cross-examination, los testigos de las diferentes partes deben responder a las preguntas de la parte contraria (de ahí el cruce). En derecho continental ese procedimiento no existe como tal, al menos en España. Durante las diferentes vistas preliminares y el juicio oral, los testigos pueden ser preguntados igualmente por la Fiscalía, el abogado de la acusación particular, la defensa, y claro está, el magistrado. Por el contexto que das, estamos hablando del abogado de la defensa. Como testigos, están obligados a decir la verdad, de lo contrario incurrirían en una pena de prisión. Mi sugerencia: "debes sacarle todo lo que puedas cuando llegue la vista/juicio/etc".
Something went wrong...

Reference comments

1 hr
Reference:

Me parece que el no tiene salida sino decir lo que interesa
contra las cuerdas - loc. adv. En una situación comprometida de la que es difícil salir. La oposición puso al Gobierno contra las cuerdas. U. t. c. loc. ad - https://dle.rae.es/cuerda
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search