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Problems with leading questions

Problems with leading questions

Postby megaman » Thu Oct 13, 2016 5:35 pm

The college of policing advises caution when using leading questions because they can distort the response (causing inacurate responses) and in extreme cases can be inadmissible.
https://www.app.college.police.uk/app-c ... g/#leading

Can anyone here given any examples of when a leading question would be inadmissible or cite any relevant laws.

Here is a list of types of leading question
https://deref-mail.com/mail/client/xaJC ... stions.htm

are some of these considered to be worse then others, if so which?
(some may take one look at that list and think that the coercive ones are clearly worse, i though that for a moment but given a little though i believe the ask for agreement to be worse than any coercion)
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Re: Problems with leading questions

Postby megaman » Thu Oct 13, 2016 5:54 pm

Also, an extension of my question

If there was a situation in which there is insufficient evidence, and there is no possibility of sufficent evidence ever being found.
so the conviction relied entirely on a confession.

And an interviewing officer asked a leading question which would be inadmissible
would there be any way for the prosecution to recover from that mistake under the following circumstances

1) - the question does not cause a confession/positive response of any type.
2) - the question causes the suspect to agree (say yes) but not actually confess (say he did it, given any information, admit it ect).
3) - the leading question causes a full confession from the suspect.
4) - the question does not cause any type of confession/positive response at the time, but the suspect later apparently freely gives a confession which contains information which was revealed by the question.
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Re: Problems with leading questions

Postby dls » Thu Oct 13, 2016 6:00 pm

The term leading question relates primarily to exchanges in a courtroom between an advocate and his own client. It is where the advocate suggests in his question, the answer he wants.

There is a general principle that a police interview should be fairly conducted, and the use of leading questions may undermine the value, but it would work more strongly against questions asked of a third party witness.

A suspect will often/usually have the benefit of legal assistance. Leading questions might almost be expected.

I would be surprised if there was any general rule against leading questions in an interview of the suspect. They might become unfair and be excluded, but the particular circumstances would have to be looked at.
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