AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
Law leading questions8/18/2023 ![]() ![]() They might come across as almost strangely open-ended, even to the point of being virtually irrelevant. Perhaps counter-intuitively, a series of questions might be offered which, at first glance, seem to be exactly the opposite of leading. Jury Manipulation through Reverse Psychology In the past, many people have been surprised by their own willingness to do this, once faced with the unaccustomed discomfort of being on the witness stand. It creates a stressful situation, not unlike that of an interrogation, and the witness instinctively looks for a way out of the situation by providing what they think the attorney wants to hear. Studies show that this kind of technique frequently provokes a response that is either grossly skewed or outright false. ![]() In this case, the attorney directly suggests a response, then badgers the witness to confirm the answer, instead of providing what they know to be true. “You told Jennifer that you would have her order completed by Friday, didn’t you?” is a forceful and assertive question, which would invariably qualify as leading if delivered under direct examination of a witness. If the prosecuting attorney doesn’t ask about the theft, the witness has no legal way to inform the jury of its status at the time the murder was committed. Renfield reported his revolver as stolen two weeks before the murder was committed. It is easy to see how the jury might be unfairly biased by the information presented in the example, despite the fact that Mr. In the example provided, both of these facts might be true, but the witness is legally constrained from providing any additional information beyond that which is directly relevant to the questions being asked. Renfield owned this revolver, correct?” followed by “And this is the same revolver that was found at the murder scene, correct?” is an example of how a clever attorney might try to bias the jury against a defendant across a series of two or more questions, which may or may not be individually leading, but which combine to produce the same effect. In this case, the witness might not consider the difference between a closed fist and a large rock to be of much importance, when it could in fact have profound legal implications. “Where did Janice strike you?” and “With what did Janice strike you?” would be viable. The correct course of action, given the example provided, would be to ask the witness “did Janice do anything to you,” followed by separate establishment questions for each subsequent variable. ![]() This is a relatively simple question, but the same issue can arise in circumstances that are much more complicated, wherein each variable needs to be addressed separately. “Did Janice strike you in the face, with her fist?” would qualify as a leading question there are too many variables in the question for a simple, reliable answer. The correct phrasing for this question would be more along the lines of “At what time did you see Michael on the day in question,” assuming it was already established that the witness had seen the individual on that particular day. might be profound, but most people wouldn’t consider it to be of much importance. In a criminal trial, the difference between 2:45 p.m. Simply mentioning a quality or value that differs from the actuality of what occurred can cause a witness to provide false information, often without even realizing it. Eyewitness testimony is often unreliable, as it is prone to unclear recollections, false memories, and personal subjectivity. “Did you see Michael at 3 p.m.?” would qualify, under most circumstances, as a leading question it plants the suggestion of the corresponding time period in the subject’s mind. Here are five examples of leading questions from actual court cases, with explanations provided from each any names provided have been changed for the purposes of this writing. Related resource: Top 10 Online Paralegal Degree Programs This includes when a witness is hostile, and when a witness is being cross-examined, but there are still constraints on how a leading question may be phrased in either case. Not only do different authorities often disagree on whether or not a given question qualifies as leading, but there are actually situations in court in which a leading question is permitted, and even appropriate. ![]() Anyone who’s ever watched crime TV or a police procedural drama is familiar with the concept of a leading question, but - when compared with the dramatization - the reality is much more complicated.Īt its most basic level, a leading question is one that directs a witness toward a particular conclusion, by way of being overly suggestive. ![]()
0 Comments
Read More
Leave a Reply. |