When is a leading question allowed?

Prepare for the Queensland Evidence Bar Exam with comprehensive study material. Utilize flashcards and multiple-choice questions with hints and explanations. Excel in your exam preparation!

A leading question is a question that suggests its own answer or contains the information the examiner is looking to confirm. In the context of courtroom procedure, leading questions are generally permitted during cross-examination.

The rationale behind this rule is that the purpose of cross-examination is to challenge the testimony of the witness and to clarify facts that were previously stated. Leading questions can effectively highlight inconsistencies, force the witness to confront certain points, and guide them towards a particular response that the cross-examiner seeks. This helps in testing the credibility and reliability of the witness's testimony.

In contrast, during examination-in-chief and re-examination, leading questions are typically not allowed. The goal in these instances is to allow the witness to provide their own account and narrative without being influenced or led toward a specific answer. Opening statements do not involve witness questioning but rather an overview of the case, making leading questions irrelevant in that context.

Therefore, the allowance of leading questions during cross-examination serves the legal goal of rigorous examination of evidence, aiming to ensure that the testimony presented is scrutinized and challenged effectively.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy