Please use this identifier to cite or link to this item:
https://hdl.handle.net/2440/108366
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 1567-536X |
Statement of Responsibility: | 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 |
Published version: | https://livrepository.liverpool.ac.uk/3002664/ |
Appears in Collections: | Aurora harvest 8 Law publications |
Files in This Item:
File | Description | Size | Format | |
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RA_hdl_108366.pdf Restricted Access | Restricted Access | 100.56 kB | Adobe PDF | View/Open |
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