Cross-Examination--How to Impeach with a Faulty Report—The Case Against 8

 

As was discussed in the prior article, there are three cross-examination techniques you can employ to show the witness’s report is Faulty:

1.  Reduction to the Absurd Technique

2. Common Sense Technique

3. Contradictory Conduct Technique

The commonsensical approach to impeachment is to force the witness to acknowledge that your position only makes common sense. In the Case Against 8—a lawsuit brought to overturn a California law that marriage must be between a man and a woman, attorney for the plaintiff David Boies cross-examined the other sides expert and forced her to admit what only made common sense as follows: 

Boies – Q: Do you believe that children are advantaged by increasing the durability of the relationship of the couple raising them?

Young – A: Yes

Q: And you believe allowing gay couples to marry will increase the durability of the gay couples relationships?

A: Okay, I’d say yes.

Q: And increasing the durability of these relationships is beneficial to the children they’re raising, correct?

A: On that one factor, yes.