I had a question from an FHO reader this week: if there was only one piece of advice I could give a newly minted forensic nurse about cross-examination, what would it be? That’s easy.
Concede what is possible.
It’s funny because we were working on a testimony project last week and this issue actually played itself out in front of us in a very real way, so the timing of the question is perfect, really.
I’ve watched more clinicians get themselves into trouble on cross by failing to simply concede things that could be possible are, in fact, possible. Often times it comes from a place of wanting to be helpful to “their” side (pro tip: it’s not helpful). Other times it is because people confuse possible with probable (possible is any chance at all that a thing could be; probable is more than 50% likely. Even when I don’t believe something is probable, there’s a good chance I would have to admit it’s still possible.)
If a clinician digs their heels in on the question of whether something is possible, the resulting questions can leave them looking biased or argumentative. Ultimately, it can undermine the most well-intended testimony.
Concede what is possible. We don’t take the stand to make an attorney’s case. We take the stand to educate judges and juries about what we know, what we saw, what we did, and sometimes, what we believe, based on science and our clinical experience. Simple as that.
Have you checked out the FHO store lately? You can find our newest research brief, Aging Bruises Based On Color, plus our original guide, Injury Following Consensual Sex. Both available now for electronic download.