Cross-Examination: Good Cop or Bad Cop?
In cross-examination, the witness (the person answering the questions) has numerous advantages. They just spoke, so their arguments are clear in the judge’s mind. In contrast, your responses haven’t even been presented yet.
Witness: In conclusion, let’s invade Canada.
You: Ugh, if only the judge already knew my awesome arguments. But I have to ask questions first.
Arguments in Cross Ex
Presenting an argument in cross-ex is the weakest possible way to introduce it. You have to present it in question form, with minimal explanation and no evidence, and she can immediately explain why it’s false.
Q. Wouldn’t you agree that invading Canada will cost a lot of lives?
A. I’m glad you bring that up. Actually, Canada will surrender within a day at most, so there will be minimal bloodshed.
Traditional examiners find themselves in two camps: be mean or be nice. Let’s analyze both of these approaches.
Meanness Backfires
You can try to push your opponent into an admission, but a competent witness will easily sidestep you and make you look like a jerk.
Q. You’ve got to be kidding me. A full-on conquest of a country with a modern military, you think there won’t be much bloodshed?
A. Yes, that’s the best part.
Q. Why can’t you just admit that people will die?
A.Maybe a few will. But then Canada will surrender.
Q. Many will die! They have tanks and assault rifles! Admit it! Lots of people will die!
A. No.
Q. (wiping the witness’ papers onto the floor with a violent motion) JUST ADMIT IT!
A. I already said no.
Q. (starting to cry) ADMIT THAT PEOPLE WILL DIE!
Judge: Stop it, you mean jerk!
Witnesses Love Doormats
You can also try to be extra accommodating, but that just gives the witness permission to walk all over you.
Q. Forgive my impertinence, but won’t lots of people die if we invade Canada?
A. I’m glad you bring that up. Actually, there will be minimal bloodshed.
Q. And why is that, good madam?
A. Canada will surrender within a day, if not sooner.
Q. You say Canada will surrender quickly?
A. I do indeed, kind sir.
Q. Would you care to elaborate for about thirty seconds while I stand here helplessly?
A. Gladly!
Cross-examination is a fast-paced battle of wits, and the witness has all the best weapons. Being mean will backfire; so will being nice. Neither tactic is effective. As long as you’re trapped on that continuum, the witness can run circles around you.
So as the examiner, what can you use? We’ll cover that in the next article.