| Evidence |
|---|
| Part of the law series |
| Types of evidence |
| Relevance |
| Authentication |
| Witnesses |
| Hearsay and exceptions |
| Other common law areas |
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed.[1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading questions can be objectionable or proper.[2]
The propriety of leading questions generally depends on the relationship of the witness to the party conducting the examination. An examiner may generally ask leading questions of a hostile witness or on cross-examination ("Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating their evidence"[3]), but not on direct examination (to "coach" the witness to provide a particular answer).[2]
Cairns-Lee, Lawley & Tosey have reviewed the role of leading questions in research interviews and proposed a typology and a 'cleanness rating' to facilitate researchers to review and assess the influence of their interview questions.[4]
- ^ Melilli, Kenneth J. (2003). "Leading Questions on Direct Examination: A More Pragmatic Approach". American Journal of Trial Advocacy. 27: 155.
- ^ a b Ehrhardt, Charles W.; Young, Stephanie J. (1995). "Using Leading Questions during Direct Examination". Florida State University Law Journal. 23: 401.
- ^ "Leading Questions". Findlaw. Retrieved 2022-11-21.
- ^ Cairns-Lee, Heather; Lawley, James; Tosey, Paul (2022). "Enhancing researcher reflexivity about the influence of leading questions in interviews". The Journal of Applied Behavioral Science. 58 (1): 164–188. doi:10.1177/00218863211037446.