The Counsel-Witness Battle of Identities on Cross-Examination at the High Court of Tanzania in Dar es Salaam

Abstract

This paper examines courtroom interactions between members of the  juridical field and the laity who come in as witnesses, to identify the  identity struggles and how these struggles are likely to affect  adjudication. It analyses this struggle through examination of ethos.  The results of identity struggles reveal counsel enjoying identity access  and discourse resources to denounce the witness who has only the  response move to operate from. The witness only flouts authoritative  discourse not as much to denounce counsel ' s ethos, but to protect  himself. The study further shows that this struggle goes against the  view of the law-society relationship that looks at the judiciary is a  trustee of the rule of law, administering the law for the benefit of the  entire community. Cross-examination has failed to become a process  that is substantively just and humane. The layperson remains astranger in the courtroom.Keywords: ethos, counsel, witness, social identity approach, identity struggle