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Wednesday, February 04, 2009

Soul Sweetness


Attorneys play this vicious game called depositions. In this game, witnesses try to cover their tracks while attorneys try to expose the same tracks. Conversational Currents is a method that charts the 50 word responses of a witness being deposed. It tells how many responses occur before a witness comes to one of those big whopping lies as measured by the type-token ratio method spoken of a post or two ago. Some people like to build up to telling a lie. So, their chart will show a string of responses before the big one is told. Other people like to tell the lie up front so they can be consistent in their lie from that point on. Still others prefer to see where the line of questioning is going, spring the lie, then try to manipulate the questioner into ending the questioning because they have told the substance of their story. There are all kinds of styles.

Another benefit of the Conversational Currents method is that it shows where in the organizational structure of an attorney's questioning the really big lies are and where the minor lies are. If the attorney can have this pointed out before the trial, then (s)he can rearrange the argument to crescendo to the main lie and point it out as such, or (s)he can point it out at the very beginning and continue to hammer the point home throughout the rest of the questioning. Some attorneys like to present the lie in the original line of questioning and then hang the person out to dry on the cross-examination. Knowing the placement of the big lies and the minor lies in a deposition can help an attorney restructure questioning and final arguments in the trial and gain an advantage.

One other benefit of Conversational Currents is that it guts the witness of hedging that may happen. It makes the witness skip the hedge and become more direct. Most of the time that makes it easier for a jury or judge to see the lie being told. It's nice to be able to strip a lie down to its raw, cold, twisted skeleton. The liar knows (s)he has been attacked with a full frontal assault, that's for sure.

Many people think truth comes out in body gestures even though the words come out in lies. I think they have that wrong. A person can easily learn the tricks of the trade on body gestures and control the gestures just to trick someone "trained" to watch. Both lies and truth come out in the same utterance. Words having truth value can be separated from words having false value. The thrill of the hunt for me is in successfully illustrating that separation. It's sweetness to the soul.

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