Rethinking leading: the directive, non-directive divide

Wheatcroft, Jacqueline M. ORCID: 0000-0001-7212-1598, Caruso, David and Krumrey-Quinn, James (2015) Rethinking leading: the directive, non-directive divide. Criminal Law Review, 5. pp. 340-346. ISSN 0011-135X

[img]
Preview
Text (Peer-reviewed version)
6102 - Wheatcroft - 2015 - Rethinking leading.pdf - Accepted Version
Available under License Creative Commons Attribution Non-commercial 4.0.

Download (103kB) | Preview

Abstract

There is a dearth of legal and psychological consideration of leading questions during the trial process. This article argues the current approach to leading questions does not assist or promote the accuracy of witness evidence. Witness here is taken to mean anyone giving oral testimony, whether for the prosecution, defence or indeed the defendant him or herself. 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 here its reform. Nondirective leading is of less concern and should be the leading form open to use in cross-examination.

Item Type: Article
Article Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Criminal Law Review following peer review. The definitive published version - Wheatcroft, J. et al (2015) 'Rethinking leading: the directive, non-directive divide', Criminal Law Review 5, pp340-346 - is available online on Westlaw UK or from Thomson Reuters DocDel service.
Uncontrolled Keywords: Criminal procedure; Cross-examination; Examination in chief; Leading questions
Subjects: B Philosophy. Psychology. Religion > BF Psychology
K Law > K Law (General)
K Law > KD England and Wales
Divisions: Schools and Research Institutes > School of Natural & Social Sciences > Psychological Sciences
Research Priority Areas: Sport, Exercise, Health & Wellbeing
Depositing User: Rhiannon Jones
Date Deposited: 19 Oct 2018 12:46
Last Modified: 21 Oct 2018 09:24
URI: http://eprints.glos.ac.uk/id/eprint/6102

University Staff: Request a correction | Repository Editors: Update this record

University Of Gloucestershire

Bookmark and Share

Find Us On Social Media:

Social Media Icons Facebook Twitter Google+ YouTube Pinterest Linkedin

Other University Web Sites

University of Gloucestershire, The Park, Cheltenham, Gloucestershire, GL50 2RH. Telephone +44 (0)844 8010001.