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Type: Journal article
Title: Rethinking leading: the directive, non-directive divide
Author: Caruso, D.
Wheatcroft, J.
Krumrey-Quinn, J.
Citation: Criminal Law Journal, 2015; 5:340-346
Publisher: Law Book Company Limited
Issue Date: 2015
ISSN: 0314-1160
Statement of
David Caruso, Jacqueline Wheatcroft and James Krumrey-Quinn
Abstract: There is a dearth of legal and psychological consideration of the leading question during the trial process. This article argues the current approach to the leading question does not assist or promote the accuracy of witness evidence, particularly witnesses likely to be affected by such questions: children. We advance a revised definition of leading, differentiating between directive and non-directive questions. Directive questioning is the primary mischief to eliciting accurate witness testimony; we propose its presumptive prohibition. Non-directive leading is of less concern and should be the leading form open to use in cross-examination.
Rights: Copyright status unknown
RMID: 0030065979
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Appears in Collections:Law publications

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