333 réponses à ce sujet

[Meltemph]

Lawyers lead witnesses all the time to try and manipulate the witness to and say something they don't mean, with questions. Not quite sure how someone can state questions can not be misleading.

[upsettingshorts]

Meltemph wrote...

Lawyers lead witnesses all the time to try and manipulate the witness to and say something they don't mean, with questions. Not quite sure how someone can state questions can not be misleading.

That's not quite the same though. 

"Where were you on the night of August 15th, 2002?" might imply that the lawyer already knows where you were, but it doesn't contain that information.

If you actually put information into your question, that's leading the witness isn't it? 

"Didn't you in fact strangle Arvid the Tap-Dancing Squirrel in a jealous rage because he slept with your wife?"

Even then, that doesn't really contain information either.  Except possibly that it is the theory of the crime the lawyer wants to present.

Modifié par Upsettingshorts, 15 décembre 2010 - 06:34 .

[Sylvius the Mad]

Sure, some people misinterpret the content of questions. That doesn't tell us that they questions actually contain that information.

And, Counsel isn't permitted to offer testimony as part of his questioning. A lawyer questioning a witness cannot stand there and make assertions. Therefore, whether lawyers' questions are leading definitely does not tell us that questions can convey assertions.

[upsettingshorts]

Sylvius the Mad wrote...

And, Counsel isn't permitted to offer testimony as part of his questioning. A lawyer questioning a witness cannot stand there and make assertions. Therefore, whether lawyers' questions are leading definitely does not tell us that questions can convey assertions.

I thought that an exception existed for hostile witnesses.  But I basically made a similar argument above anyway.

[Sylvius the Mad]

The classic example of "Have you stopped beating your wife?" even has an obvious answer for most people.



"No." If you were never doing it, you can't have stopped doing it. But the question doesn't assert that you ever beat your wife.

[Sylvius the Mad]

Upsettingshorts wrote...

I thought that an exception existed for hostile witnesses.  But I basically made a similar argument above anyway.

Counsel is permitted to ask a hostile witness what would be considered leading questions when asked of a friendly witness.

[Meltemph]

"Where were you on the night of August 15th, 2002?" might imply that the lawyer already knows where you were, but it doesn't contain that information.



If you actually put information into your question, that's leading the witness isn't it?



"Didn't you in fact strangle Arvid the Tap-Dancing Squirrel in a jealous rage because he slept with your wife?"



Even then, that doesn't really contain information either. Except possibly that it is the theory of the crime the lawyer wants to present.

So it is not the same, because you use the most simplistic example as a counter point? I've had enough jury duty and have seen plenty of times where the defense attorney tries to lead the prosecuting witness.



Obviously it normally gets a sustained objection, because it was not allowed, but it sill can happen, which was my point.

[upsettingshorts]

Meltemph wrote...

So it is not the same, because you use the most simplistic example as a counter point? I've had enough jury duty and have seen plenty of times where the defense attorney tries to lead the prosecuting witness.

Then by all means use a less simplistic example?  I'm not exactly closed minded on the topic, just so you know.

Modifié par Upsettingshorts, 15 décembre 2010 - 06:51 .

[Meltemph]

Then by all means use a less simplistic example? I'm not exactly closed minded on the topic, just so you know.

I am a bit confused on this point.

If you actually put information into your question, that's leading the witness isn't it?

That actually is a misleading question is it not? My only point is that questions can be misleading and those with a fine tuned nuance at such a thing can, I am sure,  think of many clever ways to do so and do its subtly.

Modifié par Meltemph, 15 décembre 2010 - 07:15 .