Pre-recorded testimony does not, for instance, allow a get together to problem in actual time any inconsistencies and inaccuracies in the other party's testimony by posing observe-up questions. If a party's advisor of alternative refuses to comply with a recipient's regulations of decorum (for example, by insisting on yelling at the other get together), the receiver might need the bash to use a various advisor. The Department disagrees that cross-examination disincentivizes recipients from conducting a whole investigation that uncovers all applicable proof, in aspect since § 106.45 obligates recipients to get suitable proof, and in component due to the fact cross-assessment happens at the end of the grievance process this kind of that the events have previously experienced an chance to inspect and overview the proof collected by the recipient. The Department disagrees with commenters' assertion that cross-evaluation is the equal of torture when commenters mentioned Wigmore's observation that cross-assessment has taken the place that torture historically occupied in civil regulation techniques (as opposed to our popular regulation technique), such an observation implies that cross-examination differs from torture and is the enlightened, humane way of testing a witness's testimony. The Department disagrees that enabling questioning to take location by means of an advisor removes Start Printed Page 30320 accountability pupils must have for their personal actions.
