Mastering Cross-Examination: How to Control Difficult Witnesses with the ‘Repeat Twice and Reverse’ Technique
Cross-examination is one of the most critical aspects of trial advocacy, especially when facing difficult witnesses who may be evasive, hostile, or unreliable. Military defense lawyer Michael Waddington, a seasoned trial attorney with extensive experience in criminal and military courts, shares a powerful technique to maintain control and elicit truthful, helpful answers during cross-examination.
Introduction: The Challenge of Difficult Witnesses
In any courtroom, witnesses can be unpredictable. Some may attempt to dodge questions, provide vague answers, or even become confrontational. The ability to control such witnesses is paramount to a successful cross-examination and, ultimately, a favorable verdict. Michael Waddington’s method, known as “Repeat Twice and Reverse,” is designed to regain control and direct witnesses toward revealing the facts that support your case.
Understanding the ‘Repeat Twice and Reverse’ Technique
This technique involves asking the same question twice to reinforce the point and then introducing a reversal statement to challenge the witness’s consistency. Here’s how it works, as Michael explains:
- Ask the initial question. For example: “After Johnny tried to kill you, you returned to his house.”
- Repeat the question. This repetition emphasizes the importance of the question and pressures the witness to provide a clear and consistent answer.
- Introduce the reversal. Say something contradictory like, “After Johnny tried to kill you, you never returned to his house.” This reversal forces the witness to either admit the inconsistency or clarify their position.
In the example from the video, the witness initially says they returned to Johnny’s house because they left their phone there. When confronted with the reversal, the witness concedes, “Oh, I did because I needed my phone,” which confirms the initial assertion and highlights the witness’s inconsistency in their story.
Why This Technique Works
The “Repeat Twice and Reverse” method leverages psychological pressure and cognitive dissonance. By repeating the question, you create a rhythm that demands attention and precision. The reversal then challenges the witness to justify or correct their prior answer, often exposing contradictions or admissions that can be used to impeach their credibility.
Moreover, this technique helps the attorney maintain control of the courtroom narrative. Instead of allowing the witness to evade or manipulate the questioning, the attorney guides them back to the key facts, making it difficult for the witness to deviate without being caught.
Additional Insights and Context
Michael Waddington’s expertise extends beyond civilian courts to military courts worldwide, where rules of evidence and procedure can be complex and nuanced. His firm, González & Waddington, LLC, specializes in defending serious criminal cases, including military sexual assault and false accusations under the Uniform Code of Military Justice (UCMJ).
Techniques like “Repeat Twice and Reverse” are particularly useful in high-stakes military court-martials, where witnesses may be reluctant or pressured, and where every word can significantly impact a service member’s career and freedom.
Furthermore, such methods are not only about controlling the witness but also about maintaining courtroom decorum and demonstrating the attorney’s command of the case. This can influence judges and juries, who often pay close attention to how attorneys manage testimony.
Practical Tips for Implementing This Technique
- Stay calm and composed: Controlling a witness starts with controlling yourself. Maintain a steady tone and pace.
- Prepare your questions carefully: Know the facts inside and out so your repeated questions and reversals are precise and impactful.
- Observe the witness’s reactions: Body language and hesitation can reveal uncertainty or dishonesty.
- Use reversals strategically: Don’t overuse the technique; reserve it for key points to maximize its effectiveness.
Conclusion: Elevate Your Cross-Examination Skills
Controlling difficult witnesses requires a blend of preparation, psychological insight, and effective questioning techniques. Michael Waddington’s “Repeat Twice and Reverse” strategy offers a simple yet powerful tool to regain control and uncover the truth during cross-examination. Whether you are a seasoned trial lawyer or a law student preparing for courtroom practice, mastering this approach can significantly enhance your advocacy skills.
If you or a loved one face serious criminal charges, particularly within the military justice system, it’s crucial to have experienced defense counsel who knows how to handle challenging witnesses and complex cases. Contact González & Waddington, LLC for expert legal representation and consultation.
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Video source: Cross Exam Technique #2 Control Difficult Witnesses on Cross-Examination by Michael Waddington