Some Experimental Influences of Lawyers' Complicated Questions on Eyewitness Confidence and Accuracy

Abstract

Eyewitness evidence and the confidence the eyewitness expresses in such evidence are crucial in many criminal trials. The present study is an examination of the influence of confusing questions often used by attorneys to examine witnesses in court. Participants viewed a videotaped incident and were questioned about the incident 1 week later. Half the participants were asked questions framed in a confusing form; the remaining half were asked the same questions in straightforward language. Confusing questions reduced the participant witnesses' accuracy and suppressed the confidence–accuracy relationships compared with the condition in which simple questions were asked. However, the number of absolutely sure responses was the same in both conditions, although these responses were almost always accurate in the simplified condition, whereas in the confusing question condition, accuracy was comparatively poor. This experiment demonstrates the importance of ensuring that lawyers ask witnesses simple, clear questions.