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Am I On Trial?

Am I On Trial?

FromInCredible Witness


Am I On Trial?

FromInCredible Witness

ratings:
Length:
11 minutes
Released:
Nov 1, 2023
Format:
Podcast episode

Description

In this episode titled "Am I on trial?", Michael reflects on his traumatic experience of giving evidence at the family court. Following the brutal death of a young child, Michael found himself feeling as though he was the one on trial for the child's murder. The intense emotions and self-doubt that accompanied his time in the witness box were exacerbated by the adversarial environment of the court and the scathing cross-examination he endured. Michael discusses the importance of maintaining control over one's emotions and thoughts while giving evidence, emphasizing the need for self-confidence and clarity. He also explores the tactics employed by barristers during cross-examination and offer insights on how to effectively defend oneself in this challenging and emotionally charged situation. Ultimately, the episode highlights the importance of presenting one's evidence calmly and convincingly to leave no doubt in the judge's mind about the reliability of their testimony.
KEY TAKEAWAYS:


Giving evidence in court can make you feel like you are on trial, even if you are not the defendant. The intense scrutiny and adversarial environment can lead to feelings of guilt, doubt, and questioning of one's own recollection of events.


Cross-examination by barristers can be scathing and aimed at shifting blame away from their client. As a witness, especially if you were involved in the case and feel responsible for any failings, it is important to be clear and confident in your role and the work you undertook.


Giving evidence is a mental and emotional game that requires control over one's emotions, thoughts, and inner conversations. It is crucial to believe in oneself and what one is saying, as negative self-talk and doubt can undermine the value of the evidence provided.


Giving evidence is a serious type of game that requires understanding the roles, rules, expectations, and consequences involved. While it may seem unfamiliar, it is a game with real stakes and involves mental and emotional warfare. Barristers have tactics of emotional and psychological warfare at their disposal, and it is important to be vigilant and prepared for attacks.


The best way to defend oneself against attacks during cross-examination is to remain stoic, patient, thoughtful, insightful, and convincing. Responding calmly and showcasing knowledge, wisdom, and character can leave a positive impression on the judge and demonstrate that one's evidence and conclusions can be relied upon.


BEST MOMENTS"One of the first things that hit me after having had time to gather my thoughts following my first and highly traumatic experience of giving evidence at the family court was that I had the distinct feeling that I was on trial."
"The scathing nature of the cross-examination I experienced, more than any other factor I could identify, was responsible for me questioning whether I was on trial for the child's murder."
"Giving evidence is very much a mental and emotional game that you have to master. You have to be in control of your emotions, thoughts and inner conversations, so as to ensure that your inner discussions are fully supporting you as opposed to undermining you." 
"Although it may at first sound dramatic to talk about giving evidence as a game and then refer to tactics of emotional and psychological warfare in connection with it, the reality of the situation is that when you are in the witness box, whether you realise it or not, you are engaged in a very real battle." 
"The best way to play the game is not to present or behave as though you are [at war]. You leave the aggression to the barrister, your role is to remain stoic, patient, thoughtful, insightful and convincing. That is how you win the battle."
CONTACT DETAILSfamilycourtcoaching@gmail.com
Instagram: michael240656
ABOUT THE HOSTMichael Watson is a qualified social worker and author with over thirty years of experience working with children and families. As an expert in family court, Michael is in
Released:
Nov 1, 2023
Format:
Podcast episode

Titles in the series (58)

Have you ever wondered why some evidence you present in court is perceived as credible and noteworthy, while other evidence is disregarded? If so, you've come to the right place. As a professional, giving evidence in the family court and undergoing cross-examination can be overwhelming due to its adversarial nature. However, imagine presenting your evidence with confidence and composure, rather than anxiety and defensiveness. What if you were fully prepared for your time in the witness box? Our host has 32 years of experience in court and is the best-selling author of 'Family Court: Giving Evidence in Family Court.'   Tune in to discover how to become an InCredible Witness!