Courtroom Questioning and Discourse
Author(s)
Henderson, Emily
Heffer, Christopher
Kebbell, Mark
Griffith University Author(s)
Year published
2016
Metadata
Show full item recordAbstract
Questioning in common law accusatorial trials is dominated by the advocates’ belief that it is a legitimate opportunity for advocacy rather than just investigation. Examination is a form of story-telling, leading cross-examiners to rely heavily on rhetorical and suggestive questions that advance the preferred narrative. Empirical research suggests that this style of questioning reduces witness accuracy, reduces public confidence in the trial and deters witnesses from coming forward. However, the English courts’ new initiative to change practice by shifting advocates’ beliefs about the aims of cross-examination shows promise.Questioning in common law accusatorial trials is dominated by the advocates’ belief that it is a legitimate opportunity for advocacy rather than just investigation. Examination is a form of story-telling, leading cross-examiners to rely heavily on rhetorical and suggestive questions that advance the preferred narrative. Empirical research suggests that this style of questioning reduces witness accuracy, reduces public confidence in the trial and deters witnesses from coming forward. However, the English courts’ new initiative to change practice by shifting advocates’ beliefs about the aims of cross-examination shows promise.
View less >
View less >
Book Title
Communication in Investigative and Legal Contexts: Integrated Approaches from Forensic Psychology, Linguistics and Law Enforcement
Subject
Psychology not elsewhere classified