Loaded question
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| - | In [[common law]] systems that rely on [[testimony]] by witnesses, a '''leading question''' is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading: | + | A '''loaded question''' is a [[question]] which contains a controversial [[assumption]] such as a presumption of [[guilt]]. |
| - | * You were at Duffy's bar on the night of July 15, weren't you? | + | ==See also== |
| - | + | * [[Entailment (pragmatics)]] | |
| - | It suggests that the witness was at Duffy's bar on the night in question. The same question in a non-leading form would be: | + | * [[False dilemma]] |
| - | + | * [[Implicature]] | |
| - | * Where were you on the night of July 15? | + | * [[Suggestive question]] |
| - | + | * [[Leading question]] | |
| - | This form of question does not suggest to the witness the answer the examiner hopes to elicit. | + | * [[Presupposition]] |
| - | + | * [[Mu (negative)]] | |
| - | Leading questions may often be answerable with a [[yes and no|yes or no]] (though not all [[yes-no question]]s are leading). Depending on the circumstances leading questions can be objectionable or proper. The propriety of leading questions generally depends on the relationship of the witness to the party conducting the examination. An examiner may generally ask leading questions of a [[hostile witness]] or on [[cross-examination]], but not on [[direct examination]]. | + | |
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| - | It is important to distinguish between leading questions and questions that are objectionable because they contain [[Fallacy of many questions|implicit assumptions]]. The classic example is: | + | |
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| - | * Have you stopped beating your wife? | + | |
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| - | This [[loaded question|type of question]] is not leading, as it does not suggest that the examiner expects any particular answer. It is however objectionable because it assumes (among other things) that the witness (1) was married and (2) had in fact beaten his wife in the past, facts which (presumably) have not been established. A proper objection would be that this question is assuming facts not in evidence (or argumentative, if the case is about the alleged beating). | + | |
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| - | == See also == | + | |
| - | * [[Suggestive question]], similar to leading question but manipulates the respondent to answer in a specific way. | + | |
| - | * [[Fallacy of many questions]], also known as [[loaded question]]s | + | |
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A loaded question is a question which contains a controversial assumption such as a presumption of guilt.
[edit]
See also
- Entailment (pragmatics)
- False dilemma
- Implicature
- Suggestive question
- Leading question
- Presupposition
- Mu (negative)
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