Legal Definitions - assertive question

An assertive question is a type of question asked during a criminal trial that attempts to improperly introduce information to the jury, specifically details about a defendant's past alleged crimes or bad acts that are not relevant to the current charges and are legally inadmissible.

Attorneys are generally prohibited from presenting evidence of a defendant's prior bad acts or other crimes because such information can unfairly prejudice the jury, making them more likely to believe the defendant is guilty of the current charge simply because they have committed wrongs in the past. An assertive question tries to bypass these rules by embedding the inadmissible information directly into the question itself, hoping to influence the jury even if the judge sustains an objection.

Here are some examples:

• Scenario: A defendant is on trial for assault. The prosecutor is questioning a witness.

  Assertive Question: "Isn't it true that the defendant has a history of violence and was investigated for several bar fights last year, even though no charges were filed?"

  Explanation: This question attempts to introduce details about the defendant's alleged past violent behavior and investigations that did not result in charges. This information is generally inadmissible because it's not directly related to the current assault charge and could unfairly prejudice the jury by making the defendant appear to be a habitually violent person, regardless of the evidence for the current crime.

• Scenario: A defendant is accused of embezzlement. The prosecutor is cross-examining the defendant.

  Assertive Question: "You're aware, aren't you, that your previous employer fired you after discovering discrepancies in their accounts, even though you were never charged with a crime related to that incident?"

  Explanation: Here, the question tries to bring up a prior alleged act of financial misconduct that did not lead to criminal charges. This information is likely inadmissible because it's not a conviction and is being used to suggest a pattern of behavior rather than to prove an element of the current embezzlement charge, potentially swaying the jury unfairly.

• Scenario: A defendant is on trial for drug possession. The prosecutor is questioning a police officer.

  Assertive Question: "Officer, during your investigation, did you uncover any information about the defendant's involvement in a large-scale car theft ring two years ago?"

  Explanation: This question attempts to introduce details about an entirely different alleged crime (car theft) that is unrelated to the current drug possession charge. Such information is typically inadmissible as it serves only to portray the defendant as a general criminal, unfairly influencing the jury's perception of their guilt for the current offense.