Final answer:
During direct examination, an attorney cannot ask leading questions that suggest the answer. Leading questions are used in cross-examination. Understanding this is crucial for a fair trial and relates to the Fifth Amendment right not to self-incriminate.
Step-by-step explanation:
When under direct examination, the attorney cannot ask leading questions. Leading questions are those that suggest a specific answer, often answerable with a simple 'yes' or 'no'. For example, instead of asking "Were you at the park on Sunday?", which is a direct question, a leading question would be "You were at the park on Sunday, correct?" which suggests the answer. The purpose of direct examination is to allow the witness to tell their story in their own words without being influenced by the phrasing of the question. However, cross-examination by the opposing attorney may involve leading questions to challenge the testimony or to test the witness's credibility.
It is important to understand these rules to ensure the right to a fair trial, as highlighted by the Miranda warning that gives one the right to remain silent and other protections under the law. Moreover, individuals like Lerner, mentioned in the context, may invoke their Fifth Amendment right not to incriminate themselves, refusing to answer questions during proceedings, especially when the questioning could lead to self-incrimination.