And this is the only way to capture the attention of a
witness. If he is merely ordered to pay attention, the result is the
same as if he were ordered to speak louder,--he does it, in lucky cases,
for a moment, and then goes on as before. Attention may be generated but
not commanded, and may be generated successfully with everybody, and at
all times, if only the proper method is hit upon. The first and absolute
requirement is to have and to show the same interest oneself. For it is
impossible to infect a man with interest when you have no interest to
infect with. There is nothing more deadly or boresome than to see how
witnesses are examined sleepily and with tedium, and how the witnesses,
similarly infected, similarly answer. On the other hand, it is
delightful to observe the surprising effect of questions asked and heard
with interest. Then the sleepiest witnesses, even dull ones, wake up:
the growth of their interest, and hence of their attention, may be
followed step by step; they actually increase in knowledge and their
statements gain in reliability. And this simply because they have seen
the earnestness of the judge, the importance of the issue, the case, the
weighty consequences of making a mistake, the gain in truth through
watchfulness and effort, the avoidance of error through attention. In
this way the most useful testimony can be obtained from witnesses who,
in the beginning, showed only despairing prospects.
Now, if one is already himself endowed with keen interest and resolved
to awaken the same in the witnesses, it is necessary carefully to
consider the method of so doing and how much the witness is to be told
of what has already been established, or merely been said and received
as possibly valuable. On the one hand it is true that the witness can be
roused to attention and to more certain and vigorous responses according
to the quantity of detail told him.[67] On the other, caution and other
considerations warn against telling an unknown witness, whose
trustworthiness is not ascertained, delicate and important matters. It
is especially difficult if the witness is to be told of presuppositions
and combinations, or if he is to be shown how the case would alter with
his own answer. The last especially has the effect of suggestion and
must occur in particular and in general at those times alone when his
statement, or some part of it, is apparently of small importance but
actually of much. Often this importance can be made clear to the witness
only by showing him that the difference in the effect of his testimony
is pointed out to him because when he sees it he will find it worth
while to exert himself and to consider carefully his answer. Any one of
us may remember that a witness who was ready with a prompt, and to him
an indifferent reply, started thinking and gave an essentially different
answer, even contradictory to his first, when the meaning and the effect
of what he might say was made clear to him.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account