PrepTest 121, Section 2, Question 21

ApplicationDifficulty5 of 5
Passage 4How leading questions can alter eyewitness memories
The questionFull text in your LawHub copy of PrepTest 121

Leading questions—questions worded in such a way as(469 more words not shown)

It can be reasonably inferred(30 more words not shown)

Reading the passage

The judge can stop a leading question in court, but the witness may already have absorbed a suggestion from an earlier interview. I would initially look for a way to reduce that earlier influence.

Working the answers

  • A

    Extra time to answer doesn't address the identified source of error. A witness may have an altered memory, rather than simply be answering too quickly.

  • B

    Revising courtroom rules doesn't reveal leading questions already asked elsewhere. The problem extends beyond the questioning a judge can disallow during testimony.

  • C

    Listening more closely could clarify what a witness is saying, but not necessarily whether an earlier question supplied the remembered detail. Clear testimony can still rest on an altered memory.

  • D

    More interviews aren't shown to neutralize previous suggestions. They could introduce additional ones; questioning by both sides doesn't automatically cancel their effects.

  • E
    Correct

    This refines our starting idea: instead of preventing the earlier influence, accurate transcripts would let the court identify it by checking what earlier questioners introduced. If a reporter first mentioned a stop sign, the record could reveal that suggestion before the court treats the witness's later recollection as independent evidence. That wouldn't automatically restore the original memory, but it would help identify a source of possible error before a mistaken decision.

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