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Concept
Leading question
Summary
In common law systems that rely on testimony by witnesses, a leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. 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.
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"), but not on direct examination (to "coach" the witness to provide a particular answer).
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."
Leading questions may often be answerable with a yes or no (though not all yes–no questions are leading). Leading questions are distinct from loaded questions, which are objectionable because they contain implicit assumptions (such as "Have you stopped beating your wife?" indirectly asserting that the subject both has a wife, and has beaten her at some point).
Leading question:
"Mr. Smith's car was traveling 20 miles over the speed limit when he lost control of his vehicle and slammed into the victim's car, right?" (Leads the witness to the conclusion that Mr. Smith was speeding, and as a result lost control of his vehicle, leading to the accident, which was clearly his fault.)
Neutral question:
"How fast would you estimate Mr. Smith's car was traveling before the collision?"
Even neutral questions can lead witnesses to answers based on word choice, response framing, assumptions made, and form.
Official source
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