Memory-based testimonies are vulnerable to suggestive questioning. How should questions be framed to mitigate this?

• A. Memory is infallible and unaffected by prompts.
• B. Memory can be influenced by prompting; use open-ended, non-leading questions to preserve accuracy and prevent implanted memories.
• C. Leading questions help verify details.
• D. Prompting memories makes them more reliable.

Answer: (B)

Memory for events is fallible and reconstructive, so the way questions are asked can shape what a person reports. When prompts push toward a specific detail or frame, they can introduce information that may not have been in the memory or can distort what was actually seen or heard. The best way to mitigate this is to use open-ended, non-leading questions that invite the witness to describe their experience in their own words. This approach preserves accuracy by letting recall unfold without guiding it, which reduces the risk of implanted memories. After a free recall, follow up with neutral prompts that don’t suggest a particular detail—ask what happened first and what came next, or what you noticed about sounds, people, or objects—so you can gather details without bias. This method aligns with how careful interviewing aims to capture a memory as it was experienced, rather than shaping it to fit an expected narrative.