Leading questions can incorporate the desired answer and take many forms, including assumptions, links, and multi-part questions. Prompted questions are only allowed in strict circumstances to avoid tampering with evidence. Lawyers may use leading questions in cross-examination. Journalists commonly use leading questions, including loaded terminology and forced choice. Multipart leading questions can confuse witnesses.
Leading questions, or questions in which the desired answer is incorporated into the wording, can come in many forms. The questioner may make an assumption, imply something, make a link, or use a multi-part question to confuse the topic, for example. By law, you are only allowed to use prompted questions in very strict circumstances to avoid tampering with evidence or testimony. Outside of the law, such questions are common in journalism, and it can be helpful to learn how to identify them.
In a classic lead question example, a lawyer might say, “On the night of the 19th, you saw George dispose of the body, right?” This yes or no question is important, as it assumes what the subject of the question was doing. In direct examination in court, this question would provoke an objection and the attorney would have to rephrase, asking “What did you see on the night of the 19th?” or “Where were you on the 19th?” Lawyers are allowed to ask leading questions when dealing with a hostile witness or cross-examination.
In addition to hypotheses, leading questions can take the form of linked statements such as “What is your opinion of John Cross, the killer?” or ask for agreement, where the question requires the respondent to agree with it. Prompted questions can also create forced choice, where neither option fits but the witness feels compelled to choose one. Tagged questions are another type of master question, where the question includes a directive implying a particular desired answer tagged at the end. An attorney might say, “That’s not how you would conduct a physical exam, Doctor, is it?” Leading questions can also be coercive in nature, forcing a respondent to give an answer that may not be suitable.
Multipart leading questions are a common tactic. These can confuse a witness and can create a situation where the witness has difficulty answering the question accurately. The witness may want to say “yes” to some of the questions and “no” to the rest, and be unable to articulate it clearly. This technique is common in journalism and is something people should look out for when interviewed in the media, as it is easy to be tricked into making an inaccurate statement.
Loaded terminology can also be a questioning tactic. An attorney may use a deprecated term in hopes of creating a distraction while the subject attempts to straighten out the terminology, or is forced to respond using the same phrase, biasing the response. Other leading questions can ask speculation about what another person thought or said. This is not admissible in the evidence because it is hearsay.
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