Lawyers' questioning: The effect of confusing questions on witness confidence and accuracy

The present study investigated the effect on witness confidence and accurac y of confusing questions often used by attorneys in court. Participants vie wed a videotapes film and were individually questioned about the incident 1 week later. Half the participants were asked questions using six categorie s of confusing questions (negatives, double negatives, leading, multiple qu estions, complex syntax, and complex vocabulary); the remaining half were a sked for the same information using simply phrased equivalents. Confusing q uestions reduced participant-witnesses' accuracy and suppressed equivalents . Confusing questions reduced participant-witnesses' accuracy and phrased e quivalents. Confusing questions reduced participant-witnesses' accuracy and phrased equivalents. Confusing questions reduced participant-witnesses' ac curacy and suppressed confidence-accuracy relationships compared with the c ondition where simplified alternatives were asked. Witness performance was impaired by the fact that mock-witnesses rarely asked for a confusing quest ion to be explained or qualified their answers. This experiment demonstrate s the importance of ensuring that lawyers ask witnesses simple, clear, ques tions.