How to argue your position

Positive evidence is more persuasive than negative

Negative words and words with negative connotations often make testimony sound biased or combative. Testimony should always focus as much as possible on what happened, not what did not happen. In addition, testimony should avoid words that are provocative or inflammatory.

Take a look at these two different descriptions of the same event.

Ex. 1: “I was present in the locker room during the entire argument between Len and his supervisor. I was seated next to Len on the same bench. The supervisor came in and began to talk with Len about a job Len had just finished in the shop. They got to hollering at one another, but Len never hit, struck, or swung at the supervisor.”

Ex. 4: “I was in the locker room during the fight between Len and the supervisor. I was minding my own business because I don't like trouble, so I didn't say anything. Len and the supervisor were hollering and cussing pretty loud, and I was thinking they would come to blows at any minute, but Len never hit or took a swing at the supervisor or anybody.”

In the first statement, the individual clearly states the facts as he saw them. He is sure about what he saw, where he was, and everything that happened. Although he points out something that did not happen (“Len never hit”), he leaves that part of the description to the end of his testimony. His first three-and-a-half sentences are positive statements about what did occur, without any interpretation on his part.

In the second statement, the individual uses some loaded words. He begins by using the word “fight,” implying fists were thrown, even though he later says Len never hit anyone. He uses the negative phrase “I don't like trouble,” implying that maybe Len doesn’t mind getting into trouble. He also interjects his thoughts about the motives of others (“I was thinking they would come to blows”). What he was thinking might happen is of no consequence. Testimony should always stick to the facts of what actually did happen, not the witnesses’ thoughts.