Handing a hostile witness the floor can seal a trap he cannot escape

Evidence

Schlichtmann abandoned the traditional form of cross-examination that morning. He did what every seasoned trial lawyer and every handbook on trial practice preached against. He gave control of the courtroom to Guswa, confident that Guswa could not have devised any escape. “Why don’t you just explain your position to the jury now,” Schlichtmann said in an agreeable tone of voice. “Would you like to do it on the board?” — , Harr Jonathan - A Civil Action, 2196

Categorization

• APHORISMS: Counterintuitive trial wisdom: ceding control to your opponent works precisely when he has no escape route left.
• SEED: Angle: why the best cross-examination sometimes looks like surrender — the tactical case for handing an expert the chalk.
• XREF: connects to: Weak captives can escape powerful captors by exploiting their desire to punish — , A Year of World Stories, 10091; Invisible inspection can awe prisoners to silence without any physical restraint — Jeremy Bentham, The Panopticon Writings, 288; Combat against an invulnerable enemy becomes an inquiry into his body’s flaw — Grégoire Chamayou, A Theory of the Drone, 292 (+15 more)

Broader Connections

• A physical prop of prior testimony can coerce a hostile witness better than argument. #corroborates (1.00) — , Harr Jonathan - A Civil Action, 1878
• A threat only coerces when the threatener has visibly left himself no choice #corroborates (1.00) — Thomas C. Schelling, The Strategy of Conflict, 293
• Weak captives can escape powerful captors by exploiting their desire to punish #complicates (0.95) — , A Year of World Stories, 10091
• The panoptic inspector must hide for fear his fictional divinity will be exposed #complicates (0.90) — Jeremy Bentham, The Panopticon Writings, 81
• Fear can trap individuals in hopeless situations. #complicates (0.90) — Leo Tolstoy, A Confession, 53
• Invisible inspection can awe prisoners to silence without any physical restraint #complicates (0.85) — Jeremy Bentham, The Panopticon Writings, 288
• Combat against an invulnerable enemy becomes an inquiry into his body’s flaw #complicates (0.85) — Grégoire Chamayou, A Theory of the Drone, 292
• Space control plus witness removal enables unchecked violent intervention against suspects. #complicates (0.85)
• Leaking a secret that embarrasses one’s enemies can win a power struggle #complicates (0.85) — Robert A. Caro, The Power Broker, 1887
• A defendant who can plead not guilty escapes total domination #complicates (0.85)
• Political imprisonment threatens the prisoner’s conviction in his past struggle #complicates (0.85) — Antonio Gramsci, Selections from the Prison Notebooks, 236
• Physical invisibility of another person enables far harsher punishment of them #complicates (0.85)
• A threat binds only if the other believes it cannot be retracted #complicates (0.85) — Thomas C. Schelling, The Strategy of Conflict, 297
• Emerging from incarceration, a person can rediscover freedom through witnessing another’s captivity #complicates (0.80)
• A solitary individual could temporarily prevail against the mob’s herd pressure #complicates (0.80)