Response Constraint
Definition
The structural limits on what a witness can say given a particular question type. A yes/no question formally permits only yes or no; volunteering additional information requires the witness to resist the question's format.
- Field
- Courtroom discourse analysis
- Applies to
- Question-answer sequences in testimony
- Example type
- Yes/no questions
- Effect
- Limits the form of an acceptable answer
Common questions
How does a witness resist a constraining question format?+
A witness can add unsolicited detail after the required yes or no, repair or qualify the question's premise, or delay the direct answer with a preface, all of which are visible in the transcript as departures from the question's designed format.
Why does an attorney choose a highly constraining question type?+
Tightly constrained formats such as yes/no or tag questions limit the witness's control over the narrative and make it harder to introduce information the questioner did not invite, which is a deliberate control strategy in cross-examination.
Is a witness's answer to a yes/no question still evidence if they add more than yes or no?+
Yes, the full response is part of the record, but the added material may prompt an objection or a follow-up instruction from the judge or opposing counsel to answer only the question asked.
Related terms
- Cross-Examination
- Questioning of a witness by the opposing party. For an expert, cross-examination probes qualifications, methodology, the basis of opinions, limitations, inconsistencies with...
- Examination-in-Chief
- The questioning of a witness by the party who called them. For an expert, this is typically limited because the substance is...
- Leading Question
- A question that signals or contains the expected answer. 'You were angry, weren't you?' is leading because the expected answer is embedded....
- Presupposition
- Information built into a question as a taken-for-granted background assumption. Asking 'Why did you go back?' presupposes the person went back. The...
- Tag Question
- A short interrogative attached to a declarative, such as 'You left at midnight, didn't you?' The grammatical form invites agreement and is...