Preparing the ground

One of the important techniques in cross-examination is leading up to an important point with the right preliminary questions. The key is to place the witness in a position from which it is difficult to give the ‘wrong’ answer.

For example:

Sir Humphrey: Mr. Woolley, are you worried about the number of young people without jobs?
Bernard : Yes
Sir Humphrey: Are you worried about the rise in crime among teenagers?
Bernard : Yes
Sir Humphrey: Do you think there is a lack of discipline in our Comprehensive schools?
Bernard : Yes
Sir Humphrey: Do you think young people welcome some authority and leadership in their lives?
Bernard : Yes
Sir Humphrey: Do you think they respond to a challenge?
Bernard : Yes
Sir Humphrey: Would you be in favour of reintroducing National Service?
Bernard : Oh…well, I suppose I might be.
Sir Humphrey: Yes or no?
Bernard : Yes

Or if you want the opposite answer:

Sir Humphrey: Mr. , are you worried about the danger of war?
Bernard : Yes
Sir Humphrey: Are you worried about the growth of armaments?
Bernard : Yes
Sir Humphrey: Do you think there is a danger in giving young people guns and teaching them how to kill?
Bernard : Yes
Sir Humphrey: Do you think it is wrong to force people to take up arms against their will?
Bernard : Yes
Sir Humphrey: Would you oppose the reintroduction of National Service?
Bernard : Yes

Even if the witness is willing to stick to their guns, if they have been pinned down properly the damage will be done. A witness who has accepted that they are responsible for London sales; that their bonus is based on those sales; that Stuff Ltd is a very important client and that Ms Jones was responsible for their buying decision will only appear foolish if they try to deny that they have been willing to go to great lengths not to offend Ms Jones.

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