QUESTION 1
(4 marks)
Briefly identify and explain the main communication weakness, in the way that defence counsel has sought to test the credibility of the evidence given by this witness, about how the accused reacted to the behaviour of the complainant. The main communication weakness in segment one is gratuitous concurrence. The first contribution leading to gratuitous concurrence can be drawn from the context of the cross-examination. The defence counsel a non-indigenous man is a person in authority, a barrister. The witness in this case being cross-examined is an indigenous women. This context is a common source of a power imbalance. When a question is asked Moira’s responds on several occasions agreeing to what has been said. …show more content…
Defence counsel continues to ask similar questions like the example previously discussed. This style of questioning shouldn’t be used to elicit information from speakers of Aboriginal English. In Aboriginal cultures facts do not exists independently of the forming relationship between communicators. Direct questioning elicits yes or no responses and specific factual information. This therefore lacks cultural competence and does not allow Moira to explore her own culturally responsive style to tell her story. Defence counsel does not allow for a two-way conversational exchange. Throughout the segment Moira responds with, ‘yes’ which is consistent with a direct questioning style. Finally it can also be observed that gratuitous concurrence has occurred due to the tendency to agree with defence counsel on more than one occasion. An example of this is when defence counsel states ‘May I have 5 minutes to consult with my instructing solicitor Your Honour’. Moira responds, ‘yes’. The question isn’t directed at Moira, however, it elicits a response consistent with an agreeable and cooperative interaction. Moira has no known relationship or directional involvement in this question to His …show more content…
Question/Statement 1 (2 marks) Defence counsel states ‘Yes well your silence is all we need to know about that issue isn’t it Ms. Smith’. Defence counsel demonstrates a lack of cultural understanding in non-verbal communication when this statement is used. The defence counsel has interpreted Moira’s silence as an unwillingness to participate or answer. Aboriginal societies view lengthy periods of silence in a conversation as a norm or expected form of non-verbal communication during information seeking. Non-indigenous Australians convey information with the need to fill in silent periods. Defence counsel has showed a lack of understanding in this silence. Defence counsel should have allowed Moira to take her time and not filled the silence with a statement.
Question/Statement 2 (2 marks) Defence counsel asks ‘you don’t like it when other people cheer for the other side do you Ms.
(4 marks)
Briefly identify and explain the main communication weakness, in the way that defence counsel has sought to test the credibility of the evidence given by this witness, about how the accused reacted to the behaviour of the complainant. The main communication weakness in segment one is gratuitous concurrence. The first contribution leading to gratuitous concurrence can be drawn from the context of the cross-examination. The defence counsel a non-indigenous man is a person in authority, a barrister. The witness in this case being cross-examined is an indigenous women. This context is a common source of a power imbalance. When a question is asked Moira’s responds on several occasions agreeing to what has been said. …show more content…
Defence counsel continues to ask similar questions like the example previously discussed. This style of questioning shouldn’t be used to elicit information from speakers of Aboriginal English. In Aboriginal cultures facts do not exists independently of the forming relationship between communicators. Direct questioning elicits yes or no responses and specific factual information. This therefore lacks cultural competence and does not allow Moira to explore her own culturally responsive style to tell her story. Defence counsel does not allow for a two-way conversational exchange. Throughout the segment Moira responds with, ‘yes’ which is consistent with a direct questioning style. Finally it can also be observed that gratuitous concurrence has occurred due to the tendency to agree with defence counsel on more than one occasion. An example of this is when defence counsel states ‘May I have 5 minutes to consult with my instructing solicitor Your Honour’. Moira responds, ‘yes’. The question isn’t directed at Moira, however, it elicits a response consistent with an agreeable and cooperative interaction. Moira has no known relationship or directional involvement in this question to His …show more content…
Question/Statement 1 (2 marks) Defence counsel states ‘Yes well your silence is all we need to know about that issue isn’t it Ms. Smith’. Defence counsel demonstrates a lack of cultural understanding in non-verbal communication when this statement is used. The defence counsel has interpreted Moira’s silence as an unwillingness to participate or answer. Aboriginal societies view lengthy periods of silence in a conversation as a norm or expected form of non-verbal communication during information seeking. Non-indigenous Australians convey information with the need to fill in silent periods. Defence counsel has showed a lack of understanding in this silence. Defence counsel should have allowed Moira to take her time and not filled the silence with a statement.
Question/Statement 2 (2 marks) Defence counsel asks ‘you don’t like it when other people cheer for the other side do you Ms.