Cross Examination

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Cross Examination
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What is Cross-examination?

• The process of questioning the opposing advocate
  for purposes of clarification and refutation.
  (Kay and Ziegmueller)

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Five primary purposes

• To clarify previous statements of the witness.
• To commit the witness to a particular position on
  an issue.
• To refute the validity of a previous statement.
• To prepare the way for constructive arguments.
• To undermine the credibility of respondents.

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Clarify previous statements

• Previous statements given by a witness may be
  unclear.
• Avoid unnecessary questions of clarification.
• Clarifies definitions of terms.

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Commit to a position

• The more certain you are of where a witness
  stands, the less possibility there will be for a
  strategic shift in position later in the debate.
• Helps you avoid wasting time on inappropriate
  arguments.

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Refute previous statements

• Most important function of cross-examination.
• Contradictions, irrelevant judgments,
  overgeneralizations, inadequate evidence,
  incomplete analysisall of these and more can be
  revealed through cross-examination.

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Prepare for constructive arguments

• Using cross-examination will help to establish
  the basis for constructive arguments.
• Lines of questioning will help in discovering the
  arguments the opposition will set forth.

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Undermine witness credibility

• Used in courts of law the most, however, can be
  seen in politics as well.
• Can be inappropriate in academic debate.

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Techniques of the cross-examiner

• Construct basic questions. (avoid random
  questions)
• Use factual questions. (avoid opinion based
  questions)
• Use a short series of questions.
• Ex. You have said that there is no significant
  relationship between the private ownership of
  guns and violence, is that correct?

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More

• Use analogies and parallel situations.
• Examples One of your arguments is that
  marijuana should be legalized because it is
  extremely difficult to enforce antimarijuana
  laws. Am I right?
• Is the purpose of our laws against speeding to
  deter drivers from driving too fast?

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More

• Do not draw conclusions. ( be careful about
  going too far with your line of questioning)
• Example By your reasoning then, shouldnt we
  also legalize speeding and overtime parking and
  murder?
• This allows the respondent to qualify and explain
  his or her answers and makes the
  cross-examination less useful.

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More

• Cut off the witness. (use closed ended
  questions)
• Drop unproductive questioning. (answers may not
  help you)
• Use admissions. (follow up on answers in the
  witnesses statements)
• Develop stock questions. (Use standard
  questions)

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Techniques for Respondents

• Think before answering. (avoid rushing)
• Qualify your answer. (gives the witness an
  opportunity provide more relevant information
  than was required)
• Questioner Isnt true that the number of deaths
  from airplane accidents has increased in each of
  the last three years?

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More

• Witness The number of passenger miles flown has
  also increased significantly and airplane travel
  remains the safest form of transportation. But
  yes, there has been some increase in deaths from
  air travel.
• Placed the answer in a less damaging context.

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More

• Understand the Question. (seek clarification)
• Provide obvious answers. (short answers)
• Admit ignorance. (avoid bluffing)
• Do not permit questioner conclusions.
  (questioner should stick to questions)

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Conclusion

• Cross-examination differs from direct examination
  in that the respondents are less likely to be
  friendly to the questioners cause.
• In cross-examination the questioner takes
  control.
• A respondent should remain calm, competent, and
  in control.