Witness Struggles in the Courtroom
Cross-examination is a crucial aspect of legal proceedings, aiming to extract information from witnesses. However, questions posed during this phase can pose significant challenges, especially for young or inexperienced witnesses.
Answering Tough Questions
The questions employed in cross-examination often utilize complex language and convoluted sentences. For instance, there's a question like, "Do you remember when my client asked if you'd be working at the bank that day, and you said no?" This kind of talk is complicated. For young or inexperienced witnesses, it can be hard to fully get what they're asking. Honest witnesses may find themselves confused and give the wrong answers because of these tricky questions.
Watchful Questioning
Some questions assume specific details or push the witness to say a particular response. For example, the question "At any stage when you were waiting for the bus, did you ever see Jones entering the lock-up garage adjacent to the bank that previous week?" assumes details about Jones and the lock-up garage. This approach can be problematic as it may encourage the witness to agree with statements that do not exactly reflect their experiences. Honest witnesses may provide misleading information due to these leading questions.
Question Influence
The phrasing of questions may imply a desired answer, creating subtle pressure for witnesses to conform to these expectations. For instance, the question "You got into the car willingly, didn't you?" implies an expectation that the witness agrees with the statement about getting into the car willingly. Young or inexperienced witnesses might feel like they should say 'yes,' even if it's not what happened to them. It's like a gentle push to agree, even if it's not true.
Witness Anxiety
The interruption of a witness's testimony and the use of negative assertions, such as accusing the witness of lying, can be intimidating. For instance, the barrister's interruption in the statement "You say you saw the car being loaded up. I put it to you that you are telling a lie" is confrontational. Being confronted can make young or inexperienced witnesses anxious. The fear of being accused may prompt witnesses to make their story less reliable in the end.
References
Hultgren, A. K. (Ed.). (2016). Grammar, Context, and Meaning. Walton Hall, Milton Keynes.