The Litigation Psychology Podcast

The Litigation Psychology Podcast - Episode 234 - The Danger With Witnesses Who Guess


Listen Later

Bill Kanasky, Jr., Ph.D. talks about the biggest mistake witnesses make during testimony: guessing. Bill describes why this happens, even in light of clear direction to not guess, and how to address it. Bill talks about the attention/behavior gap which is driven by the brain's native neurocognitive wiring and explains the two categories of reasons why witnesses guess: internal and external reasons. 

Internal factors: 

1. Witnesses experience shame and guilt for not knowing or not remembering something; 
2. Witnesses don't want to hurt the case and/or want to win; 
3. Witnesses have a fear of punishment.

External factor: Plaintiff counsel.

Lastly, Bill covers the four things your witnesses cannot say during testimony: 1. "I think..."; 2. "I believe..."; 3. "I assume..."; 4. "I probably....".

Watch the video of this episode: https://www.courtroomsciences.com/r/UFC

...more
View all episodesView all episodes
Download on the App Store

The Litigation Psychology PodcastBy litpsych

  • 4.4
  • 4.4
  • 4.4
  • 4.4
  • 4.4

4.4

28 ratings


More shows like The Litigation Psychology Podcast

View all
The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

229,278 Listeners

The Political Scene | The New Yorker by The New Yorker

The Political Scene | The New Yorker

4,060 Listeners

WSJ Opinion: Potomac Watch by Paul Gigot, The Wall Street Journal

WSJ Opinion: Potomac Watch

2,840 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

477 Listeners

KILL TONY by DEATHSQUAD.TV & Studio71

KILL TONY

5,767 Listeners

Matt and Shane's Secret Podcast by Matt McCusker & Shane Gillis

Matt and Shane's Secret Podcast

11,414 Listeners

This Past Weekend w/ Theo Von by Theo Von

This Past Weekend w/ Theo Von

27,985 Listeners

The Atlantic Interview by The Atlantic

The Atlantic Interview

2,134 Listeners

Trial Lawyer Nation by Michael Cowen

Trial Lawyer Nation

185 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,800 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,899 Listeners

The Shawn Ryan Show by Shawn Ryan

The Shawn Ryan Show

45,644 Listeners

The Prof G Pod with Scott Galloway by Vox Media Podcast Network

The Prof G Pod with Scott Galloway

5,561 Listeners

Blocked and Reported by Katie Herzog and Jesse Singal

Blocked and Reported

3,822 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

15,973 Listeners