Legal Definitions - suggestive interrogation

A suggestive interrogation refers to a questioning technique where the questions themselves are framed in a way that subtly or overtly prompts a specific answer, rather than allowing the person being questioned to provide information freely and independently. This method can influence the individual's response, potentially leading to unreliable or inaccurate statements, especially when dealing with vulnerable individuals, those under stress, or those who are easily influenced. It is closely related to the concept of a leading question, which is a question that suggests the desired answer or contains information the questioner is looking to have confirmed.

Here are some examples illustrating suggestive interrogation:

• Example 1: Police Interview with a Witness

  Imagine a police officer interviewing a witness to a street robbery. Instead of asking, "What did you see happen?" the officer asks, "You saw the suspect with the knife threaten the victim, didn't you?"

  Explanation: This question is suggestive because it introduces specific details (a knife, a threat) and seeks confirmation, potentially implanting those details into the witness's memory or leading them to agree even if they didn't clearly see those elements. A non-suggestive approach would allow the witness to describe the events in their own words without prompting.

• Example 2: Child Interview in a Custody Case

  During an interview with a child in a contentious custody dispute, a parent's lawyer asks, "Your mother always makes you go to bed late and never helps you with your homework, right?"

  Explanation: This question is highly suggestive as it presents negative assertions about the mother's behavior and directly asks for agreement. It does not allow the child to describe their experiences with their mother independently but rather guides them toward confirming a specific, negative narrative, which could be inaccurate or exaggerated due to the influence of the question.

• Example 3: Internal Workplace Investigation

  An HR manager is investigating a complaint of workplace bullying. When interviewing a colleague of the complainant, the HR manager asks, "You noticed Sarah was constantly being excluded from meetings and her ideas were always dismissed by Mark, didn't you?"

  Explanation: This question is suggestive because it outlines specific instances of bullying behavior (exclusion, dismissal of ideas) and attributes them to a particular person (Mark), then asks for confirmation. It directs the colleague to affirm a pre-determined narrative rather than allowing them to recall and describe their observations freely and objectively, potentially leading to biased or incomplete information.