Guiding witnesses on cross-examination techniques improves accuracy of testimonials

Researchers have found that witnesses who receive guidance on cross-examination techniques present more accurate court testimony than those who are unfamiliar with the style of questioning.

The study, in conjunction with researchers at Leeds, showed that the construction and phrasing of ‘lawyerese’ questions can inhibit processes in the brain that impact on how a witness responds under cross-examination.

The use of complex questions containing multiple parts, double-negatives and advanced vocabulary may affect the brain’s ability to filter and streamline information effectively.

Researchers showed participants footage of a staged crime, as though they were eye-witnesses, and then subjected them to the kind of questioning techniques they might encounter in court.

They found that participants who had been given prior guidance on cross –examination techniques were seemingly able to add to their understanding of the cross-examination process, so that when they encountered complex questions in court they were more able to respond appropriately and less likely to make errors.

Witnesses who were not given prior guidance are likely to work much harder to answer cross-examination questions accurately and tend to become nervous and frustrated in court as a result.

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