Investigative Reflections: The Risks of "Mirroring" During Cross-Examination

As an instructor for the Council on Licensure, Enforcement and Regulation (CLEAR) , where I teach regulatory investigator certification programs, including a module on testifying in hearings, and as an adjudicator on a regulatory hearing and appeal panel, I've observed many challenges that investigators face when testifying. One issue that is often overlooked is the concept of mirroring—subtly adopting the behaviours, speech patterns, or attitudes of the person questioning you.

While mirroring can sometimes build rapport, during a cross-examination, it can be detrimental if you’re not careful and paying attention. A skilled cross-examiner may use their tone and pace to influence your responses. For instance, if they speak quickly, you might unconsciously start to speed up your own responses, leading to rushed answers and potential mistakes. Conversely, if they adopt an aggressive or confrontational tone, you might mirror that anger, which can make you appear defensive or biased, even if you are not.

This mirroring can undermine your credibility and the integrity of your testimony. To avoid these pitfalls, it’s crucial to maintain a calm, steady demeanour, regardless of the cross-examiner’s behaviour. Stick to your own clear, concise, and factual responses, taking the time you need to ensure accuracy and completeness.

Awareness is the first step to mitigating the risks of mirroring. Recognizing that you might unconsciously adopt the behaviours of the cross-examiner can help you stay vigilant. Preparation is also key; practicing your testimony with a colleague or mentor can make you more comfortable and less susceptible to external influences. During the hearing, mindfulness techniques such as deep breathing or grounding exercises can help you stay calm and focused. Regardless of the cross-examiner’s speed, taking your time to answer questions thoughtfully and accurately is essential. Maintaining a professional demeanour at all times, including speaking clearly, maintaining eye contact, and refraining from adopting an aggressive or defensive tone, is crucial.

The importance of staying composed cannot be overstated. When you remain calm, you are better able to think clearly and provide accurate, well-considered answers. This not only helps to preserve the integrity of your testimony but also enhances your credibility as an investigator. The pressure of cross-examination can be intense, but by focusing on your responses and maintaining professionalism, you can navigate this process more effectively. Remember, your primary goal is to present your findings accurately and impartially (in an unbiased manner).

Furthermore, the impact of mirroring extends beyond individual testimonies. It can influence a hearing panel's overall perception of the investigative process. Investigators who mirror aggressive behaviours may inadvertently contribute to a contentious atmosphere, which can undermine their testimony. By remaining neutral and composed, you set a standard for professionalism and integrity that benefits the entire process.

So, while mirroring can sometimes help in building rapport, it also poses significant risks during cross-examination. By being aware of these risks and taking steps to maintain your composure, you can ensure that your testimony remains credible and impartial. By being aware of and avoiding the traps of mirroring, you can uphold the integrity of the investigative process and ensure that justice is served.