The Conservative Cave
Current Events => General Discussion => Topic started by: SSG Snuggle Bunny on September 29, 2011, 07:01:52 PM
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What would be the proper term for a question such as, "Yes or No: have you stopped beating your wife?"
IOW, the type of question or charge for which there is only an implied self-incrimination.
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I only found questions like that called "self-incriminating questions" in my brief internet search.
My dad was a cop and he used to use these a lot, but only to sharpen our awareness and defense against them. He never punish us for answering stupidly, so I believe that was his intent.
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That would be a loaded question. There may be a more official legal term for it though.
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Logical fallacy. Leading question.
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Those are all good but not quite what I'm looking for.
There's basically an idea that a charge has been leveled for which there is no reasonable defense. Not to be confused with a crime that his been witnessed or evidence collected but a strictly circumstantial allegation without basis in fact or testimony.
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MSB, such questions are obviously flawed and impermissible in legal proceedings, so there isn't a single term for them since they fail on multiple points. They are a type of leading question (A question which suggests it's own answer, which fits most yes-or-no questions), but leading questions are permissible for background or foundational matters in direct examination (One's own witness) or for most purposes in cross examination (One's follow-up questions to the opponent's witnesses).
The objection to this kind of question in court would most likely be "Objection, assuming facts not in evidence" (I.e., that the witness had ever beaten the wife at all, been masturbating in the closet, or whatever). On a more extended level, depending on the circumstances, it sounds like the situation you're talking about might also be asking for proof of a negative, which is a logical fallacy.
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You make me want to study law.
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You make me want to study law.
You write very well, think logically, and seem to have good control of your emotions; you would probably do well at it. You should take the LSAT sometime just for shits and grins, and see how you do. The test doesn't require any specialized legal knowledge, it basically tests your language and reasoning skills.
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What would be the proper term for a question such as, "Yes or No: have you stopped beating your wife?"
IOW, the type of question or charge for which there is only an implied self-incrimination.
I've had questions like that asked during my product liability claim defense days. That kind of question deserves only one response: "I need to talk to my lawyer."
And then you just shut your mouth and say nothing.
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You write very well...
Yeah, but I'm no Vesta111.
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Yeah, but I'm no Vesta111.
True, true, but who among us is, after all? Except vesta herself, of course...
:-)