What is a reductio ad absurdum cross-examination?

 

Clarence Darrow and William Jenning Bryant

What is a reductio ad absurdum cross-examination? It is the process of refuting a claim on the grounds that it is absurd. If the proposition is accepted then there will be a patently untenable result. 

In the past few posts, we have been focusing upon the first impeachment wrecking crew—Unreliability of the Witness’s Observation  (Impeaching a Biased Witness and Cross-Examining a Child). Now, we move on to the second impeachment wrecking crew—The Faulty Report. The concept here is that the report given by the witness is improbable because it is absurd. 

Cross-examination to show the witness’s account is improbable is supported by Evidence Rule 401. Test for Relevant evidence, which states, “Evidence is relevant if:

(a) it has any tendency to make the existence of any fact more or less probable than it would be without the evidence; and


(b) the fact is of consequence in determining the action. 

All relevant evidence is admissible, except . . .” 

There are three techniques you can employ to show the report is improbable:

1. Reduction to the Absurd Technique

2. Common Sense Technique

3. Contradictory Conduct Technique

The 1925 Scopes trial provides an excellent illustration of the Reduction to the Absurd Technique. Here is a brief summary of the facts of the case and the lawyers involved.

•   The trial took place in Dayton, Tennessee

•   John Scopes was accused of teaching evolution in violation of state statute

•  William Jennings Bryan – former candidate for President and head of the fundamentalist   movement becomes co-counsel for the prosecution

•   Clarence Darrow signs on as co-counsel for defense

• The trial drew such a crowd that they thought the courtroom floor would collapse and they moved the players outside as pictured below.

A book “Inherit the Wind” was written about the trial and it was later made into a movie by the same name. The cross-examination in the movie is based on the trial transcript.

Watch as Darrow cross-examines Bryan.

The jury deliberated 9 minutes and found Scopes guilty. The court levied an hundred dollar fine on Scopes.  Bryan died five days later.