The Psychology of Cross-Examination: How to Stay Calm and Confident

Cross-examination is a high-pressure situation, and can often feel like a very stressful challenge, the key is staying composed and confident, and we will delve into how this can be done with the right strategies. This blog covers how witnesses can handle the emotional demands of cross-examination while giving clear and effective evidence.

What is Cross-Examination?

Cross-examination is when the opposing legal team question a witness to test the credibility of the witness and their testimony, and also to put the opposing party’s case. This experience can often be intense. While this can feel very daunting, the key to handling it effectively is to understand its purpose.

Witnesses often report:

Nervousness or Anxiety: Witnesses may feel a strong fear of making a mistake or providing an incorrect answer, especially when questions are rapid-fire or seem intentionally tricky. This anxiety can manifest physically through sweating, shaking, or a racing heart, which can further distract from clear thinking.
Defensiveness: Feeling like they are being attacked or doubted, some witnesses may feel the need to defend themselves, responding in an overly assertive or combative manner. While this is a natural reaction, it can sometimes lead to unintentional mistakes or being perceived as less credible.
Overthinking: Witnesses might overanalyse every question, trying to decipher hidden motives or guessing the “right” answers, which can cause them to lose focus on simply stating the facts. This mental overdrive can result in confusion or second-guessing even straightforward answers.
Self-Doubt: Under pressure, it’s common for witnesses to question their own knowledge or memory. Even confident individuals may begin to feel unsure, particularly when challenged or when gaps in their recollections are highlighted.

Key goals for witnesses

During cross-examination, focus on these goals:

Stay Calm, Even Under Pressure: Take a moment to collect your thoughts before responding and avoid reacting emotionally, no matter how challenging the situation. Staying composed will help you communicate more effectively.
Provide Clear And Accurate Answers: Stick to the question being asked, and avoid overexplaining, which can lead to confusion or unintended interpretations.
Maintain Credibility: by staying respectful and composed, even with difficult questions. A calm and professional demeanour reinforces your reliability and trustworthiness.
Focus on presenting facts: you are not arguing or trying to “win” against opposing counsel. Your goal is to provide truthful information, not to engage in a debate. Keep your responses grounded in facts, and avoid letting emotions cloud your judgement.

Techniques to Stay Calm During Cross-Examination

Understanding Leading Questions

Leading questions are designed to guide you toward specific answers, suggesting the response the questioner wants to hear. These types of questions can be tricky, so it’s essential to carefully consider what is being asked before answering. Don’t feel pressured to respond immediately—pausing to reflect and ensure your answer is thoughtful and accurate is perfectly okay. Taking your time can help you avoid being unintentionally influenced by the question’s wording.

Staying in Control

When responding, aim to keep your answers brief, clear, and to the point. Avoid volunteering any information that hasn’t been directly asked, as this can lead to misinterpretation or being drawn into areas you didn’t prepare for. If a detailed answer is appropriate, answer the question first before expanding or explaining. Staying focused on the specific question at hand allows you to remain in control of the conversation and reduces the likelihood of your words being misconstrued or taken out of context.

Consistency Matters

Sometimes, the same question may be repeated or asked in a slightly different way to test your consistency. Stick to your original answer and avoid second-guessing yourself. Trust the preparation you’ve done beforehand and remain steady in your responses. Consistency not only demonstrates confidence but also reduces the risk of contradictory statements, which could be used against you.

The Importance of Preparation and Practice

One of the most important keys to managing stress whilst under cross-examination is being prepared. At Veritas Witness Training, we offer mock courtroom scenarios, which help you become more familiar with a variety of questioning styles and tactics that are used during cross-examination.

Our courses can also cover understanding your role as a witness, the procedure at the hearing and how to prepare ahead of giving evidence.