15.12 - B. Utilizing The “Trap”

JurisdictionNew York

b. Utilizing the “Trap”

The “trap” is employed where the cross-examiner believes the witness will not remember the inconsistency and thus hopes to destroy his credibility by having him deny any prior inconsistency, as illustrated by the following:

Q: Have you ever discussed ____ (the subject matter of the direct testimony that ultimately will be contradicted) before?

Q...

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