Legal Definitions - interrogative question

An interrogative question, in the context of a criminal trial, refers to a question asked of a witness with the deliberate intention of bringing up information that the court has already decided is not allowed to be presented as evidence. The goal is to subtly introduce facts or details related to the crime that the jury should not consider, often because they are irrelevant, unreliable, or unfairly prejudicial.

Here are some examples:

• Scenario: During a trial for assault, the defense attorney attempts to discredit the victim by suggesting they have a history of making false accusations, even though the judge has ruled that evidence of the victim's past, unrelated complaints is inadmissible.

  Example Question:"Isn't it true, Ms. Davis, that you've previously reported similar incidents to the police that were later found to be unsubstantiated?"

  Explanation: This is an interrogative question because it tries to introduce inadmissible information (prior unsubstantiated reports) to prejudice the jury against the victim. The attorney is attempting to bypass the judge's ruling and imply a pattern of dishonesty, even though such past incidents are not relevant to whether the current assault occurred.

• Scenario: In a drug trafficking case, a police officer is testifying. The prosecution has a piece of evidence—a text message from an anonymous source claiming the defendant was dealing drugs—that the judge has ruled inadmissible as unreliable hearsay.

  Example Question:"Officer Miller, despite the court's ruling, can you confirm that you received intelligence from a source indicating the defendant's involvement in drug sales before his arrest?"

  Explanation: This question is an interrogative question because it directly attempts to bring up the inadmissible anonymous tip. The prosecutor is trying to get the jury to hear about the "intelligence" even though the judge has determined it cannot be presented as legitimate evidence due to its unreliable nature.

• Scenario: A defendant is on trial for embezzlement. The judge has ruled that the defendant's lavish personal spending habits, which are not directly linked to the alleged embezzlement, are irrelevant and inadmissible.

  Example Question:"Mr. Thompson, isn't it a fact that you recently purchased a luxury yacht and a vacation home, far exceeding your declared income?"

  Explanation: This question is an interrogative question because it aims to introduce details about the defendant's personal spending that the judge has already deemed irrelevant to the embezzlement charge. The attorney is trying to create an impression of guilt by suggesting the defendant lives beyond their means, even if there's no admissible evidence connecting those purchases directly to the alleged crime.