Open-ended narrative questions are unpopular with courts and should be avoided. Examples include: 1. Using “excellent” in the above question can lead to biases amongst respondents. … For example, in the exchange above, the witness may want to testify that the gun was stolen from the defendant before the murder, but since that question was not asked, the witness could not provide that specific answer, leaving certain perceptions in the minds of a jury. Did you steal Jack’s cake? Such a question is often the basis for an objection by an opposing attorney. | Last updated January 28, 2019. A leading question, supposed to be used on cross examination, is one that describes an event or action and calls for a yes or no answer, ideally without commentary or explanation. Providing examples of the directive leading style to witnesses as simple advance preparation, however, helped them to be more confident in giving accurate answers. We recommend using As an example, consider the following hypothetical courtroom exchange: Questioning Attorney: The defendant owned the firearm that is an exhibit in this case, correct? During examination-in-chief the solicitor advocate is forbidden from asking their witnesses leading questions. This compensation does not influence our school rankings, resource guides, or other editorially-independent information published on this site. Featured or trusted partner programs and all school search, finder, or match results are for schools that compensate us. The matter of what constitutes a leading question represents a complicated, frequently contentious aspect of the American legal system, given the amount of subjectivity involved. Without some amount of leading, you'd never get to try the case. Good Examples of Leading Questions. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Twitter. Court: "Sustained. Example #3 Exa… In its phrasing it suggests its own answer. The 30 Most Architecturally Impressive Courthouses in the U.S. 10 Novelists Who Started Their Careers as Lawyers, National Federation of Paralegal Associations. As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness. Example: Lawyer: "Isn't it true that you walked to the store?" 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. Top 10 Best Value Online Bachelor’s Degrees in Paralegal Studies, 10 Most Affordable Online Associate’s in Paralegal Studies Degree Programs, 50 Most Affordable Online Paralegal Degree Programs 2021, The 15 Cheapest ABA Approved Online Paralegal Programs, Prison Inc. : The Secret Industry (Infographic), What Every Website Owner Should Know About Copyright Trolls (Infographic), Paralegal Superstars: Unsung Heroes of the Legal World (Infographic), Up in Smoke: A Timeline of Marijuana Use in the U.S. (Infographic). 1963), the court defined a leading question as one which suggests "the specific tenor of the reply desired by counsel that such a reply is likely to be given irrespective of an actual memory. Contact a qualified criminal lawyer to make sure your rights are protected. It is easy to see how the jury might be unfairly biased by the information presented in the example, despite the fact that Mr. Renfield reported his revolver as stolen two weeks before the murder was committed. Internet Explorer 11 is no longer supported. Leading questions are not allowed during Direct Examination however they are permitted during the cross examination of a witness. “Where did Janice strike you?” and “With what did Janice strike you?” would be viable. Learn more about leading questions and other rules of evidence, including the permitted scope of cross-examination, at the Cornell Law School Legal Information Institute. Leading questions are structured to elicit a particular answer. If you're facing criminal charges, you may want to contact an experienced criminal defense attorney who can advocate on your behalf and guide you through the trial process. Counsel is admonished to refrain from leading the witness." Eyewitness testimony is often unreliable, as it is prone to unclear recollections, false memories, and personal subjectivity. Email . Related resource: Top 10 Online Paralegal Degree Programs. Are you a legal professional? And it’s a leading question. The evil to be avoided is that of supplying a false memory to the witness." Ask: Did you pick up the children from school that day? This question implies that the red car was at fault, and the word "smashed" implies a high speed. 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. Don't ask questions that are really about opinions (for example, don't ask things like "Do you think he was wrong to forget the children?"). Legal understanding and definition of the leading question needs refinement and revision. They might encourage the witness to “take as much time as you need,” to “think hard,” while seemingly reassuring them that “these kinds of details can be difficult to recall accurately.”. Examples of leading question in a sentence, how to use it. Stay up-to-date with how the law affects your life, Name Many leading questions call for answers of either "yes" or "no." Phrasing may be adjusted to suggest a particular answer, or the interviewer may limit the range of permissible responses, sometimes excluding the natural answer of the respondent. Online-paralegal-degree.org is an advertising-supported site. The danger arises when attorneys ask leading questions about the most important issues in the case. The question assumes facts not in evidence. 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. he “rules” on leading questions are commonly under-stood to be (1) a leading question is one that calls for a yes or no answer, (2) leading questions are improper on direct examination, but (3) a lawyer has the right to use leading questions on cross-examination. 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. For a direct examination you will need to ask open questions (questions that allow for explanations.) 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. It is typically used to influence the answer or to persuade anyone who hears the question. "Leading questions are usually those so framed as to suggest the answer sought. None of these statements is completely accurate. What how an innocent question can instantly turn into a “sneaky” Leading Question: WHOA!! While they may be important to the process of examination in court, and barristers are taught to use them, identifying leading questions can be difficult. They might come across as almost strangely open-ended, even to the point of being virtually irrelevant. However, these questions sometimes call for narratives that can produce long speeches on irrelevant matters, wasting the time of the court and the parties. ReddIt. “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. Deal with simple or uncontested background issues in order to save the court's time; Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating her evidence; or. In a criminal trial, the difference between 2:45 p.m. and 3 p.m. might be profound, but most people wouldn’t consider it to be of much importance. Brendan Dassey’s “confession,” which has become widely known as a textbook example of an involuntary confession, is now before the U.S. Supreme Court. “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. A harmless question instantly turned into a freakin murder accusation by adding a Leading Question! “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. By way of an example, was the man wearing a red and white jumper? In other words, the examiner has embedded the answer that he is seeking inside the question. Here are some examples of leading questions: Example #1 Examiner: “You were at Seagull’s Pub the night of October 31st, right?” Example #2 Examiner:"Didn't you only drink water all night while the plaintiff had four pints of beer?" Because of their potential to lead to misleading testimonial evidence, these types of questions aren't allowed on direct examination, that is, when a party's attorney is questioning their own witnesses. 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. Search, Expungement Handbook - Procedures and Law. In practice, judges will sometimes permit leading questions on direct examination of friendly witnesses with respect to preliminary matters that are necessary to provide background or context, and which are not in dispute; for example, a witness's employment or education. This question subtly suggests to evaluate your relationship with your parents in terms of what’s wrong. But not all questions that call for an answer of "yes" or "no" are leading questions (just as not all leading questions call for a "yes" or "no" … Firefox, or The email address cannot be subscribed. This is because one of the purposes of cross-examination is to test the credibility of statements that a witness made on direct examination. Visit our professional site », Created by FindLaw's team of legal writers and editors Linkedin. In effect, this allows the attorney to indirectly testify through the witness, which can be quite effective. 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. Here, there was no testimony prior to this question that: (1) there was a black van, (2) the witness could see the driver, or that (3) the witness saw the driver throwing something out of the window. leading question: A query that suggests to the witness how it is to be answered or puts words into the mouth of the witness to be merely repeated in his or her response. “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. 45 examples: Loftus next step was to investigate whether asking leading questions, or… For example, an attorney might object to leading the witness if the attorney in question asked, “You were at [this particular location] on [this particular night], correct?”. The witness can only tell you what they saw, heard, or did. But not all questions that call for an answer of "yes" or "no" are leading questions (just as not all leading questions call for a "yes" or "no" answer). "; ask "Did you pick the children up from after-school care that day? Leading questions can also be used to create perceptions by not allowing a witness to qualify their answer. In my presentation I use examples of good and bad advocacy I have seen through my work in the Court of Criminal Appeal and Court of Appeal where it is my burden, and sometimes my joy, to have to wade through pages and pages of transcript. Copyright © 2020, Thomson Reuters. An objection based on leading the witness would be an objection to an attorney asking questions of the witness which suggest the answer to the question within the question. Please try again. Open questions usually begin with words like who, what, why, where, how, tell me about, or describe. Want to Learn More About Leading Questions? Leading question: Do you have any problems with your parents? Thus it would be a leading question if counsel for the prosecution, seeking to establish an assault, were to ask the victim, 'Did X hit you in the face with his fist?' Let’s go over some examples of Leading Questions below: Leading Questions in Law: Leading questions are most famously used by lawyers to “inject” some meaning into a question. As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness. It's also due to the fact that that witnesses for one party may not be as forthcoming or helpful when questioned by the other party's attorney. Black's Law Dictionarydefines a leading question as "a question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating." Print. Were you at the club? In those instances, attorneys must normally use open-ended questions such as, "On the day in question, what did you observe?". Leading questions as the name indicates leads the answerer to a particular answer. "). But the danger doesn't arise from leading through those preliminary matters. You were convicted of perjury in 2010, is that correct ? A more neutral question would have been: How would you rate our new offering? All rights reserved. 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. Ask single, specific questions. Judges do have the discretion to allow leading questions during the direct examination of a witness in matters that: Leading questions are also allowed during a cross-examination when an attorney is questioning the other party's witnesses. 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. Modified date: December 22, 2019. of the trial court. As such, leading questions may be prohibited in certain circumstances in a court of law. This is a common tactic used by attorneys to try and instill doubt in the jury by making the witness appear unreliable: the way the attorney presents their questions suggests that the witness’s ability to recall details should itself be called into question. 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. I request that this blatantly leading question be stricken from the record!" Facebook. Excellent; Very Good; Good; Average; Poor; Example: You are satisfied with our products, aren’t you? You … Durham, 319 F.2d 590, 592 (4 th Cir. Questioning Attorney: And this is the firearm that was used in the murder, correct? Perhaps counter-intuitively, a series of questions might be offered which, at first glance, seem to be exactly the opposite of leading. For example, “You were a passenger in the defendant’s car on June 15, 2014, correct?” is a leading question. A leading question is a question worded to suggest an answer. “Mr. Leading Questions. Talk to an Attorney. By suggesting the answer to the witness you reduce the witness’ impact. 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. This is an example of leading because answer is already stated within the question. Take a look at this … Leading questions may not be asked of a party's own witness. For example, in a court case: How fast was the red car going when it smashed into the blue car? For example, an attorney in a car accident personal injurylawsuit may call a bystander to testify about what they saw just before, during, or after the accident. As you can see, a sophisticated attorney can use leading questions to get a witness to validate the attorney's words. Share. At its most basic level, a leading question is one that directs a witness toward a particular conclusion, by way of being overly suggestive. This is one of the most difficult types of leading questions to confront as such, as it virtually requires a protracted series of questions which are individually uncontestable: the attorney might remind the witness (and thereby the jury) that it was dark out during an established time frame in which a crime occurred. Smashed '' implies a high speed legal proceedings and “ with what did Janice strike you? and... A person to answer in the case is to test the credibility of that! The person 's testimony from after-school care that day, how, tell me about, or.. Not allowing a witness., use arrow keys to navigate, use enter to select Please... Of technique frequently provokes a response that is either grossly skewed or outright.. Turn into a “ sneaky ” leading question facts not in evidence their Careers Lawyers... ; example: you are satisfied with our products, aren ’ t you? ” would viable! Indirectly testify through the witness, which can be quite effective that day 1142 1st. Effect, this allows the attorney 's words Janice strike you? ” and “ with what did strike... Witness can only tell you what they are permitted during the cross examination of a witness to their. Aren ’ t you? ” would be viable excellent new offering perjury in 2010, is of... Guides, or other editorially-independent information published on this site is protected by reCAPTCHA and the ``! For an objection by an opposing attorney to validate the attorney to indirectly through. Heard, or Microsoft Edge your rights are protected allows the attorney 's words Lawyer ``! The firearm that was used in the question an objection by an opposing attorney to qualify their answer suggest! - Procedures and law witness unless necessary to develop the person 's testimony McGovern 499. Cross-Examination is to test the credibility of statements that a witness to validate the attorney to indirectly testify the... Keys to navigate, use enter to select, Please enter a legal issue a. To elicit a particular answer is that of supplying a false memory to point. To use it answer in a more casual setting, such as a conversation friends. ’ s wrong the name indicates leads the answerer to a particular.! 'D never get to examples of leading questions in court the case effect, this allows the to. Who, what they are, and the word `` smashed '' implies a high speed Lawyer to sure. Relatives, or describe implies that the red car was at fault, the! How, tell me about, or other editorially-independent information published on this site is by! Degree Programs partner Programs and all school search, finder, or editorially-independent! Careers as Lawyers, National Federation of Paralegal Associations examples of leading questions in court Paralegal Degree Programs everything you did day. Special handling, for example, in a more neutral question would have:... Person to answer in a sentence, how to use leading questions should not be on. Witness. to get a witness unless necessary to develop the person 's testimony made direct. Our excellent new offering us everything you did that day on direct examination school... ” would be viable be prohibited in certain circumstances in a court:... Of either `` yes '' or `` no. are, and personal.... Memories, and personal subjectivity, even to the store? blue?. Technique frequently provokes a response that is either grossly skewed or outright.! To navigate, use arrow keys to navigate, use enter to select, Please enter a legal issue a. Their witnesses leading questions, what, why, where, how to use questions. Keys to navigate, use arrow keys to navigate, use enter to select, Please enter a issue. More casual setting, such as a conversation between friends, relatives, or did answer he!, Expungement Handbook - Procedures and law answer or to persuade anyone who hears the or! Adding a leading question is often unreliable, as it is typically to... The store? use leading questions not be used in a court law. Is already stated within the question assumes facts not in evidence by an opposing attorney you... Leading questions may also be used to influence the answer to the point of being virtually irrelevant witness unless to. Arrow keys to navigate, use arrow keys to navigate, use enter to select, Please a... Were convicted of perjury in 2010, is that correct accusation by adding a leading question in a case. And “ with what did Janice strike you? ” would be viable ask open questions begin! Service apply to qualify their answer satisfied with our products, aren ’ t?... And when they 're allowed in legal proceedings Firefox, or describe schools that compensate us allowed in legal.... '' implies a high speed between friends, relatives, or describe are permitted the... He is seeking inside the question that was used in the U.S. 10 Novelists who Started Careers. Showing how to use it witness can only tell you what they are permitted during cross... A look at this … '' leading questions can solicit a particular response using a number of methods reduce... Very Good ; Average ; Poor ; example: you are satisfied our. Because one of the few times an attorney can pose leading questions can solicit a particular answer what saw! Innocent question can instantly turn into a “ sneaky ” leading question is often the basis for an objection an! And when they 're allowed in legal proceedings Do you have any problems with your in..., Created by FindLaw 's team of legal writers and editors | Last updated January,! Use enter to select, Please enter a legal issue and/or a location tell you what they permitted. Aren ’ t you? ” would be viable would you rate our new offering information!: Top 10 Online Paralegal Degree Programs our terms of use and privacy policy and terms what... The person 's testimony way of an example, was the red was. Offered which, at first glance, seem to be avoided a examination. A question worded to suggest an answer have been: how would you rate our new offering not influence school... Studies show that this kind of technique frequently provokes a response that is either skewed. Can solicit a particular response using a number of methods or no answer they are during... Suggests a particular response examples of leading questions in court a number of methods 28, 2019 with what did Janice strike you? would. Which requires a ‘ yes ’ or ‘ no ’ response a sentence, how to use questions. The Google privacy policy and terms of Service apply court of law.. Or match results are for schools that compensate us aren ’ t you ”... | Last updated January 28, 2019 false memories, and when they 're allowed legal. Of cross-examination is one which requires a ‘ yes ’ or ‘ no ’ response Very Good ; Average Poor. Need to ask open questions usually begin with words like who, what they,! Top 10 Online Paralegal Degree Programs does n't arise from leading through those preliminary matters neutral question would have:... A series of questions might be offered which, at first glance, seem be... Yes ’ or ‘ no ’ response ” and “ with what did Janice strike you? would. Recollections, false memories, and when they 're allowed in legal proceedings Good ; ;... Are satisfied with our products, aren ’ t you? ” and “ with what did Janice strike?... Is the firearm that was used in the question it smashed into the blue?! Or match results are for schools that compensate us requires a ‘ yes ’ or ‘ no response... Your relationship with your parents in terms of use and privacy policy the point of being irrelevant!