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Lawyers' Questioning: The Effect of Confusing Questions on Witness Confidence and Accuracy

NCJ Number
186842
Journal
Law and Human Behavior Volume: 24 Issue: 6 Dated: December 2000 Pages: 629-641
Author(s)
Mark R. Kebbell; Shane D. Johnson
Date Published
December 2000
Length
13 pages
Annotation
This experimental study examined the effect that the confusing questions often used by attorneys in court had on witnesses’ confidence and accuracy.
Abstract
The 28 participants were undergraduate students and other participants recruited through advertisements placed in libraries and civic buildings. They viewed a 5-minute videotape of an assault and its aftermath. They answered questions about the incident 1 week later. The study randomly assigned the participants into two groups. Half the participants answered questions that used six categories of confusing questions: negatives, double negatives, leading, multiple questions, complex syntax, and complex vocabulary. The other half of the participants were asked for the same information through questions that were simply phrased equivalents. Results revealed that confusing questions reduced the accuracy of witness accuracy and suppressed confidence-accuracy relationships compared with the situation involving simplified questions. Another factor that impaired witness performance was that the mock witnesses rarely asked that a confusing question be explained and rarely qualified their answers. The analysis concluded that it is important to ensure that attorneys ask witnesses simple, clear questions. Tables, figure, and 36 references (Author abstract modified)

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