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.

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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
Related URLs:
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 Education and Science
Research Priority Areas: Health, Life Sciences, Sport and Wellbeing
Depositing User: Rhiannon Goodland
Date Deposited: 19 Oct 2018 12:46
Last Modified: 31 Aug 2023 09:05

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