U.S. Marshals Most Wanted List

You never know, I checked to see if I knew any of the U.S. Marshals' Most Wanted List.

Seriously, you never know. They could have been in my office a few weeks ago, around the block at my apartment, behind me at the grocery store, walking past me on the street on the way to an event, or passing over my pictures online.

I didn't recognize any of them, but if you do, please let the law know.

Leading Questions

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:

• You were at Duffy's bar on the night of July 15, weren't you?

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:

• Where were you on the night of July 15?

This form of question does not suggest to the witness the answer the examiner hopes to elicit.

Leading questions may often be answerable with a yes or no (though not all yes-no questions are leading), while non-leading questions are open-ended. 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.

It is important to distinguish between leading questions and questions that are objectionable because they contain implicit assumptions. The classic example is:

• Have you stopped beating your wife?

This 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 beat his wife in the past, facts which (presumably) have not been established. A proper objection would be that this question is argumentative. MORE