Final answer:
To avoid leading an eyewitness, use neutral questioning, employ blind photo lineups, inform jurors of misidentification risks, and allow judges to suppress unreliable testimony.
Step-by-step explanation:
To avoid leading an eyewitness and maintain the integrity of their testimony, it is imperative to utilize neutral language and open-ended questions. This minimizes the introduction of bias or suggestibility that could contaminate the witness's memory. For example, instead of asking a suggestive question like, "Was the perpetrator wearing a red jacket?" one should ask, "Can you describe what the perpetrator was wearing?" This difference in phrasing allows for an unbiased recall of the event.
In the case of police lineups, implementing a 'blind' procedure is recommended where the person administering the lineup does not know which photo belongs to the suspect, thus reducing unintentional cues. Additionally, informing jurors of the potential fallibility of eyewitness testimony helps them understand the limitations and contexts in which misidentification could occur, enabling them to weigh this evidence appropriately.
Key strategies to avoid leading an eyewitness:
- Use neutral, non-suggestive questioning.
- Employ a 'blind' photo lineup procedure.
- Inform jurors about the potential for misidentification.
- Judges may suppress unreliable eyewitness testimony.