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Law and human behavior · Dec 2000
Randomized Controlled Trial Clinical TrialLawyers' questioning: the effect of confusing questions on witness confidence and accuracy.
- M R Kebbell and S D Johnson.
- School of Psychology, University of Birmingham, United Kingdom. m.kebbell@birmingham.ac.uk
- Law Hum Behav. 2000 Dec 1; 24 (6): 629-41.
AbstractThe present study investigated the effect on witness confidence and accuracy of confusing questions often used by attorneys in court. Participants viewed a videotaped film and were individually questioned about the incident 1 week later. Half the participants were asked questions using six categories of confusing questions (negatives, double negatives, leading, multiple questions, complex syntax, and complex vocabulary); the remaining half were asked for the same information using simply phrased equivalents. Confusing questions reduced participant-witnesses' accuracy and suppressed confidence-accuracy relationships compared with the condition where simplified alternatives were asked. Witness performance was impaired by the fact that mock-witnesses rarely asked for a confusing question to be explained or qualified their answers. This experiment demonstrates the importance of ensuring that lawyers ask witnesses simple, clear, questions.
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