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The Litigation Psychology Podcast - Episode 135 - Witness Guessing and Witness Freezing
The Litigation Psychology Podcast - Episode 135 - Witness Guessing and Witness Freezing
ratings:
Length:
27 minutes
Released:
Sep 26, 2022
Format:
Podcast episode
Description
Dr. Bill Kanasky, Jr. covers two witness deposition testimony topics: witnesses who guess and witnesses who freeze.
1) You have to identify when a witness is guessing in their deposition. Key phrases to watch out for besides "I guess," are "I think," "I believe," "I probably," "I assume." You need to explain to your witness that even if they tell you they won't guess, their brain is wired to guess and they need to be educated on what a guess sounds like and must work with them to correct these guesses during mock deposition questioning.
2) In addition to the well-known responses of fight or flight, there is a third response that doesn't get the same level of attention: "freeze". Referred to in psychology as "freeze appease", this survival response leads to the witness agreeing with the questioner on every question in order to appease them. When witnesses freeze, they have to appease to survive. Dealing with the freeze response requires neurocognitive training to help the witness be prepared during their testimony.
Watch the video of this episode: https://www.courtroomsciences.com/r/V51
1) You have to identify when a witness is guessing in their deposition. Key phrases to watch out for besides "I guess," are "I think," "I believe," "I probably," "I assume." You need to explain to your witness that even if they tell you they won't guess, their brain is wired to guess and they need to be educated on what a guess sounds like and must work with them to correct these guesses during mock deposition questioning.
2) In addition to the well-known responses of fight or flight, there is a third response that doesn't get the same level of attention: "freeze". Referred to in psychology as "freeze appease", this survival response leads to the witness agreeing with the questioner on every question in order to appease them. When witnesses freeze, they have to appease to survive. Dealing with the freeze response requires neurocognitive training to help the witness be prepared during their testimony.
Watch the video of this episode: https://www.courtroomsciences.com/r/V51
Released:
Sep 26, 2022
Format:
Podcast episode
Titles in the series (100)
The Litigation Psychology Podcast - Episode 7 - Trucking and Transportation Litigation in the Era of COVID-19: The Litigation Psychology Podcast, presented by Courtroom Sciences, Inc. (CSI) presents a new episode on litigation in the trucking and transportation industry during the time of COVID-19. In this episode, Dr. Bill Kanasky, CSI Litigation Consultant, is ... by The Litigation Psychology Podcast