9/15/2023 0 Comments Law leading questions![]() ![]() aerogondo2/It is important that the aim of a trial is achieved, and that witnesses are assisted to give their most accurate testimony to the court. But this process does not assist all witnesses who are required to give evidence in court.īe prepared. ![]() In doing so, ground rules may provide a framework for the appropriate questioning of a vulnerable witness. This kind of process sets out what considerations and provisions might be required so that cases can be dealt with justly. One way to assist those vulnerable to give evidence is by use of ground rules hearings. In 2014, the case prompted exploration of a way to rebalance the legal process. I can see how people crack under the pressure.’” Setting ground rules She kept saying, ‘I can see why nobody comes forward. ![]() “I hope they can change the law,” he said in an interview with the Mail on Sunday. ![]() Her husband, Levine Andrade, said in an interview after her death that he hoped an improvement in the law could be her legacy. This is just one of a number of high-profile cases in which vulnerable witnesses have had to relive experiences in detail under cross-examination in court. By putting the question: “Utter fantasy, is it not?” to her in cross-examination, she was subjected to a direct form of leading question.Īndrade, texted a friend three days before her death to say she felt like she had been “raped all over again” after appearing in the witness box at Manchester Crown Court. In court, Andrade was called a “liar” and a “fantasist” under cross-examination. In 2013, violinist Frances Andrade was found dead after giving evidence against her former teacher who was later found guilty of indecently assaulting his pupil. The law needs refinement and revision and I argue that direct leading questions should be prohibited in cross-examination. But there is a problem with the way the law in England and Wales defines leading questions. My research shows that directive forms of leading questioning are a primary concern in cross examination. A non-leading question would be simply: “Did anything happen?”. The other question – “Did he touch you?” – is what’s called a “non-directive” leading question. It is known as a “directive form question” and can be more damaging to the accuracy of witness reports. But it is the second – “He didn’t touch you, did he?” – which I would argue is particularly pernicious. If you take the example above, both are technically leading questions. 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. The prosecution will then respond to your objection, followed by the judge, who decides if the objection is sustained (allowed) or not.Įxamples of the types of questions or evidence you may object to are listed below.If you were asked one of the following two questions by a lawyer on the witness stand, would you feel like you were being led to answer in a certain way? “Did he touch you?” or “He didn’t touch you, did he?”Ī leading question is one which prompts an interviewee to answer in a particular way. When you object, you do so by standing up and saying "I object, Your Honour", before explaining your reasons. You can object to certain questions or evidence given by the prosecution's witnesses. It is your responsibility to ask the appropriate questions.
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