Exposing a Lying Witness Through Cross-Examination: A Legal Professional’s Perspective
As legal professionals, we are all too familiar with the saying: 'the truth always comes out.' This phrase rings true especially during cross-examinations when the credibility of a witness is challenged. In the world of arbitration and court trials, ferreting out a lie can be a critical turning point in a case.
The Consequences of Perjury
When a witness lies during their testimony, it can throw the entire case off balance. However, the truth comes to light eventually. The person who lies might attempt to carry on with their false narrative, but remember, they will not get away with it. If the same person returns to court or arbitration, they will face the consequences of their actions. Proof of their perjury is crucial, and once they are caught in a lie, their testimony will be deemed invalid.
Strategies for Exposing Lies Through Cross-Examination
Cross-examination is a crucial tool for exposing lies in court. Here are some effective strategies that legal professionals can use:
Highlight the Previous Lie: During cross-examination, revisit the earlier testimony that the witness has given and ask if they still believe it is true. This is a powerful technique to show the witness that they may have already admitted to their falsehoods.
Use Fact-Based Questions: Present undisputable facts that contradict the witness’s testimony. This can be done by bringing in a piece of evidence that is in conflict with what the witness said earlier. For instance, if the witness had an alibi that he claimed was unbreakable, but then presented calendar notes that lacked chronological order, it can be exposed as a lie.
Document Verification: If the witness provides a supposed document that supports their testimony, verify every detail of the document. In the provided example, the witness claimed to have a document that was chronological in nature. Upon closer inspection, it was discovered that the document had been altered, and the dates were out of order, exposing the lie.
A Personal Experience: Exposing an Artificial Union Official's Lie
Recently, I found myself in an arbitration hearing that involved an alleged employee misconduct. The process was relatively straightforward, with both sides exchanging relevant information before the hearing. However, midway through the testimony, a union official claimed to have a document that proved the employee had no conduct issue, thus clearing the employee of any wrongdoing.
As a seasoned legal professional, this introduced a significant problem. The document was supposed to provide evidence that the employee had an alibi. Normally, this would be not allowed as a surprise document in arbitration, but in this case, I had no choice but to examine the document.
I noticed, upon inspection, that the document had been altered and that the dates were out of chronological order. To expose the lie, I conducted cross-examination with the following sequence of questions:
Verifying Chronology: I asked the union official, 'Sir, this is a chronological calendar, is it not?' The witness conceded this was correct.
Questioning the Date Integrity: Following that, I asked, 'But the date on which Employee Smith was supposedly away from the site in question is out of order, correct?' The official responded hesitantly, 'Uh, it appears so.'
Highlighting the Irregularity: I continued, 'You can’t explain that, can you?' The official stammered, 'Uh, no.'
Undermining the Alibi: Lastly, I asked, 'It’s not possible for 1/9 to come after 1/10 in the same year, is it?' The witness was left speechless.
Final Resolution and Conclusion
Though the lie was exposed, the witness tried to maintain their stance. To further solidify my position, I presented my own witness to corroborate the true facts. I also noted the inconsistencies in my final written address, hoping that the judge would see the truth in the final judgment of the case.
In the world of legal proceedings, holding someone accountable for their lies is crucial for maintaining justice and fairness. These strategies can be applied not only in court but in any situation where the truth needs to be revealed.