Reading ComprehensionDifficulty: Hard

PT121 S2 P4 Q21 Explanation

Leading Questions

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsInferenceLaw

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Passage

Leading questions—questions worded in such a way as to suggest a particular answer—can yield unreliable testimony either by design, as when a lawyer tries to trick a witness into affirming a particular version of the evidence of a case, or by accident, when a questioner unintentionally prejudices the witness’s response. For this or unintentionally by lawyers, police investigators, reporters, or others with whom the witness has already interacted.

Recent studies have confirmed the ability of leading questions to alter the details of our memories and have led to a better understanding of how this process occurs and, perhaps, of the conditions that make for greater risks that an eyewitness’s memories have been tainted by leading questions. These studies suggest that processed as belonging to the original memory even if the witness actually saw no stop sign.

The farther removed from the event, the greater the chance of a vague or incomplete recollection and the greater the likelihood of newly suggested information blending with original memories. Since we can be more easily misled with respect to fainter and more uncertain memories, tangential details are more apt to become constructed armed robbery, but later those factors might be crucial to establishing the identity of the perpetrator.

What this question is testing

Inference

Your task

Find what must be true based on what the passage or stimulus states.

Common trap

Answers that are plausible or likely but not actually guaranteed by the text.

Winning move

Keep only the choice the statements fully support — eliminate anything that requires an extra assumption.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
21.

It can be reasonably inferred from the passage that which one of the following, if it were effectively implemented, would most increase the justice system’s ability to prevent

Answer choices

  1. Opposite, if anything8% picked this

    a policy ensuring that witnesses have extra time to answer questions concerning details that are tangential to their

    Since tangential memories are identified in the last paragraph as a ripe situation for being tainted by leading questions, if anything we would institute a rule that lowered the value or amount of witness testimony when it comes to tangential details. There definitely isn't anything in the passage suggesting that, "if someone has more time to think about / talk about something, the effect of leading questions disappears".

  2. In Courtroom vs. Before Courtroom20% picked this

    thorough revision of the criteria for determining which kinds of interrogation may be disallowed in courtroom testimony under

    The passage/author is concerned about leading questions that are happening before we even get to the courtroom. We already disallow leading questions in the courtroom, and the author hasn't indicated that the criteria for doing so is flawed in any way.

  3. In Courtroom vs. Before Courtroom6% picked this

    increased attention to the nuances of all witnesses’ responses to courtroom questions, even those that

    The passage/author is concerned about leading questions that are happening before we even get to the courtroom, not within the courtroom. And it sounds a little corny to say that paying more attention to the nuances of all answers, whether the question was leading or not, will solve our leading question problem. It wasn't a problem of us lacking nuance. It was a problem of people's memories being tainted in ways they wouldn't even be aware of. They could describe their false memory with plenty of nuance and it would still be false.

  4. Unclear Impact4% picked this

    extensive interviewing of witnesses by all lawyers for both sides of a case prior to

    It seems like this may only worsen the problem, since it's pre-trial questioning where we're hoping to expunge these leading questions. Increasing the quantity of questions from lawyers on both sides might just be creating more opportunities for leading questions (albeit, if both sides' lawyers do it, maybe they false memories would offset each other?)

  5. Correct63% picked this

    availability of accurate transcripts of all interrogations of witnesses that occurred prior to those witnesses’

    Why this is right

    Judges can protect against leading questions in their courtrooms because they can hear the question and shut it down. But they don't know what leading questions have been asked prior to court. If we provided them with complete transcripts of interrogations of witnesses that occurred prior to trial, then judges could also police those cross-examinations to see whether any leading questions were used. If a judge could see via transcript that a lawyer or police officer had introduced detail X into a witness's memory by asking them a leading question, then the judge could properly weight the witness's testimony about detail X as possibly weak evidence that may just be from a leading question. If it's a jury trial, the judge could instruct the jury to do the same.

    Skill tested: Inference · how this choice captures the passage's function is the move to repeat next time.

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