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leading questions at trial

leading questions at trial

Postby megaman » Thu Nov 24, 2016 6:56 pm

Leading questions in court.

In most USA states leading questions are not allowed in court during initial testimony and are only allowed in cross-examination in regards to facts which have already been established (i.e. were you in the accused's car at this time and this location) to get to set context in which questions can be asked i.e. where was the car going?

Does any similar limitation exist in UK law?
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Re: leading questions at trial

Postby atticus » Thu Nov 24, 2016 7:40 pm

yes.

Leading questions are not permitted (even silently), except in cross examination. We have discussed this in one of your recent threads, Meg.
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Re: leading questions at trial

Postby megaman » Thu Nov 24, 2016 9:28 pm

Sorry
I thought it was only mentioned that USA law does not allow it

moving on
Is it just the obvious and extreme leading questions which are banned (ie ones where the person aksing the question gives all the information and the other person only has to "agree")
or are more subtle ones also banned
for example
"how fast were the cars going when they smashed into each other " instead of "how fast were there cars going when they hit each other"
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Re: leading questions at trial

Postby dls » Thu Nov 24, 2016 10:02 pm

THat is not exactly a leading question.
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Re: leading questions at trial

Postby atticus » Fri Nov 25, 2016 3:03 pm

Americans seem often not to be aware that other countries exist.
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Re: leading questions at trial

Postby megaman » Fri Nov 25, 2016 5:51 pm

dls wrote:THat is not exactly a leading question.

which one?
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Re: leading questions at trial

Postby atticus » Fri Nov 25, 2016 5:54 pm

The one with which you ended your post which is shown immediately above Mr Swarbrick's reply.
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Re: leading questions at trial

Postby megaman » Sat Nov 26, 2016 2:41 am

atticus wrote:The one with which you ended your post which is shown immediately above Mr Swarbrick's reply.


do you mean this
"how fast were the cars going when they smashed into each other " instead of "how fast were there cars going when they hit each other"

that is in fact a leading question, a subtle one
in the first version the word "smashed" is used
in the second version the word "hit" is used

smashed implies a high speed

In tests where different groups have been shown the exact same accident and asked the how fast they though the cars were going at the time of the collision,
and the groups were asked the question in exactly the same way except that the word smashed was used when one group was asked, and not with the other group
the group that was heard the word smashed gave much higher estimates of the speed.
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