If a witness's testimony is not aligned with the defense theory, what type of questions may be used to test it?

• A. Leading questions
• B. Hypothetical
• C. Open-ended questions
• D. Redirect questions

Answer: (B)

When a witness’s testimony doesn’t line up with the defense theory, you test it with hypothetical questions. These questions lay out a plausible variation of the facts or a different angle of the scenario and ask how the witness would respond. That framing forces the witness to apply their account to a controlled, yet flexible, situation, revealing whether their memory and interpretation hold up under changes. If the witness’s answer shifts in expected ways under the hypothetical, it supports the robustness of the defense theory; if it collapses, it highlights inconsistencies or weaknesses in the testimony. This approach is more diagnostic for alignment than simply letting the witness tell their story (open-ended questions), pushing them toward a preferred answer (leading questions), or focusing on restoring credibility after cross (redirect questions).