What is a leading question is it allowed?
A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.
According to Black's Law Dictionary, a leading question is defined as "question that suggests the answer to the person being interrogated; esp., a question that may be answered by a mere 'yes' or 'no."
On cross-examination: As mentioned above, leading questions are used to discredit a witness. When a prosecutor is presenting a case, it is called the case-in-chief. He may only ask direct questions of any witness: “Jennifer, how long have you known the defendant?” or “Jennifer, how did you meet the defendant?”
Leading questions are the mainstay of advocates conducting cross-examination. “Leading” a witness using leading questions is not permitted during examination in chief or re-examination of your own witness.
Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
5.3 It is a general principle of the common law that a witness must testify in his or her own words. In order to protect the integrity of the evidence, a party who calls a witness is prevented from asking leading questions—questions that suggest a desired answer or a set of assumptions.
The easiest way to avoid leading is to begin your questions with the letter “w.” In the words of Rudyard Kipling: I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who. Nearly all of your questions on direct should be short and simple “w” questions.
Tips to Rephrase a Leading Question
If the judge sustains an objection to a leading question, focus on rephrasing the question so that it no longer suggests an answer. In other words, try for a more "open-ended" question.
Leading questions is the most typical example of a biased survey question. They lead the respondents towards a certain answer. The questions are phrased such that the respondents are forced to give their answers in favor of or against a subject. Such surveys do not give valuable insights as the results will be biased.
A leading question suggests a particular answer that the questioner desires – most often a simple 'yes' or 'no' answer. ∎ “Were you in Los Angeles last week?” ∎ You were in Los Angeles last week, weren't you? ∎ You didn't see the stop sign, did you?
Why should leading questions be asked?
The objective of a coercive leading question, also known as a leading question with tags, is to try to force respondents to provide them with a specific answer; usually in the affirmative.
(1) Leading questions should not be used on the direct examina- tion of a witness except as may be necessary to develop the witness' testimony. (2) Ordinarily leading questions should be permitted on cross- examination.
Leading question
If the other party poses a question on direct examination that leads the witness to a certain answer, then you can object to the question as leading. This is usually the case with “yes” or “no” questions.
Leading questions result in biased or false answers, as respondents are prone to simply mimic the words of the interviewer. How we word these questions may affect the user response and also may give them extra clues about the interface.
Lawyers may also tell witnesses that if they don't remember certain events, they can simply say “I don't recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don't recall” to avoid truthfully answering questions.
Use leading questions with care. If you use them in a self-serving way or one that harms the interests of the other person, then they can, quite rightly, be seen as manipulative and dishonest.
Leading questions can only be asked during cross-examination and not during examination-in-chief or re-examination unless and until the court allows.
- Don't Rephrase a Participant's Response in Your Own Words. ...
- Don't Suggest an Answer. ...
- Avoid Yes/No and Either/Or Answers. ...
- Remove Biased Language. ...
- Don't Make Assumptions. ...
- Don't Lead With a Biased Statement Before the Question. ...
- Avoid Combining Two Questions Into One.
Leading questions result in biased or false answers, as respondents are prone to simply mimic the words of the interviewer. How we word these questions may affect the user response and also may give them extra clues about the interface.