RT Article
T1 Seeking or controlling the truth? An examination of courtroom questioning practices by Canadian lawyers
JF Psychology, crime & law
VO 26
IS 4
SP 343
OP 366
A1 Lively, Christopher J.
A2 Fahmy, Weyam
A2 Fallon, Laura
A2 Snook, Brent
LA English
YR 2020
UL https://krimdok.uni-tuebingen.de/Record/1765842409
AB The questioning practices of Canadian lawyers were examined. Courtroom examinations (N = 91) were coded for the type of utterance, the assumed purpose of the utterance, and the length of utterance. Results showed that approximately one-fifth of all utterances were classified as productive for gathering reliable information (i.e. open-ended, probing); less than one percent of all utterances were open-ended. Direct examinations contained more closed yes/no, probing, and open-ended questions. Cross-examinations contained more leading and clarification questions, and opinions. Moreover, cross- (vs. direct) examinations contained more questions with a ‘challenging the witness’ purpose. The longest utterances were opinions, followed by multiple and forced-choice questions. The longest answers were in response to open-ended questions, followed by multiple and probing questions. Implications for the truth-seeking function of the judiciary are discussed.
K1 Courtroom questioning
K1 Justice System
K1 Lawyers
K1 question types
K1 truth-seeking
DO 10.1080/1068316X.2019.1669595