Courtroom Questioning and Discourse

Abstract

Questioning in common law accusatorial trials is dominated by the advocates’ belief that it is a legitimate opportunity for advocacy rather than just investigation. Examination is a form of story-telling, leading cross-examiners to rely heavily on rhetorical and suggestive questions that advance the preferred narrative. Empirical research suggests that this style of questioning reduces witness accuracy, reduces public confidence in the trial and deters witnesses from coming forward. However, the English courts’ new initiative to change practice by shifting advocates’ beliefs about the aims of cross-examination shows promise.