The Views of Psychologists,Lawyers, and Judges on Key Components and the Quality of Child Custody Evaluations in Australia

This study aimed to understand the expectations of and the agreement between professional groups regarding the quality of single‐expert reports written by psychologists (known as child custody evaluations in the United States). 13 psychologists, 18 family lawyers, 26 children's lawyers, and 8 judges (N = 65) in New South Wales, Australia, rated the overall quality of reports and the quality of various components of them. Interprofessional congruence on importance ratings allowed key components to be derived. The results revealed that the overall quality of reports was rated positively, however, significant discrepancies were found between importance and quality ratings on the various components, indicating that reports fall short of expectations in many areas.     

Children's truthful and deceptive testimonies: How camera perspective affects adult observers’ perception and assessment

Abstract

This experimental study investigates adults’ perception and assessments of children's testimonies as a function of camera shot (close-up shot vs medium shot vs long shot) and camera focus (child only vs child and interviewer). Truth-telling and lying children were interviewed and videotaped simultaneously by four cameras, each taking a different visual perspective (‘close-up shot/child only’, ‘medium shot/child only’, ‘medium shot/child and interviewer’, ‘long shot/child and interviewer’). Mock jurors (N=256) watched the videotaped testimonies and rated their perception of the children's statement and appearance, and assessed the children's veracity. Children seen in long shot were perceived as more neutral and relaxed, and children seen in close-up were perceived as having to think harder. The adult's deception detection accuracy was at chance level. The results suggest that legal policy-makers should consider the outcome of psycho-legal research on camera perspective when establishing and/or reforming standards for police interviews and courtroom procedures.     

如何建立我国鉴定结论采纳规则——以美国专家证言判断标准为参照

在我国司法实践中法官不够重视对鉴定结论的可靠性进行实质审查。美国专家证言采纳规则的先进性启示我们有必要对我国鉴定结论的审查认证进行反思。确立我国鉴定结论的采纳规则,尤其是确立鉴定结论可靠性的采纳规则,有助于防止某些伪科学进入法庭,防止法官滥用自由裁量权,从而对正确认证鉴定结论起到积极的推动作用。     

Expert Testimony Regarding Child Witnesses: Does It Sensitize Jurors to Forensic Interview Quality?

Does expert testimony on forensic interviews with children help adults distinguish between poorly conducted and well-conducted interviews? This study evaluates the effects of social framework expert testimony regarding child witnesses in a case involving allegations of child sexual abuse. A 2 (Expert Testimony: present or absent) × 3 (Child Forensic Interview Quality: poor, typical, or good) × 2 (Child’s Age: 4- or 10-year-old) factorial design was used to examine whether expert testimony is prejudicial or beneficial to jurors (N = 463). The results revealed that, without expert testimony, mock jurors did not consider the forensic interview quality when reaching a verdict. However, with expert testimony, mock jurors were more likely to render guilty verdicts if the interview quality was good versus poor. Further expert testimony increased mock jurors’ knowledge about child witnesses. These findings suggest that expert testimony related to the impact of interview techniques on the reliability of children’s reports may assist fact-finders in evaluating child abuse cases.     

The modern holy shroud

Testimonies disclosed that a 44-year-old pedestrian was struck head-on by a truck while she was roaming on the motorway; at the time of collision, the truck was travelling at a speed of about 90 km/h. In the second phase of the collision, the pedestrian was projected about 100 m before her body was run over by the truck and then by a car. The autopsy revealed extensive mutilations, making it impossible to verify the testimonies of witnesses to the collision as regards the pedestrian's position at the moment of the first impact. However, the reports produced by the technical expert and the forensic pathologist were able to confirm the testimonies, based on an impact zone on the front panel of the cab of the truck, where part of the pedestrian's face was reproduced like a "modern holy shroud".     

Interviewing women bereaved by homicide: assessing the impact of trauma-focused research

Abstract

The use of swearwords has hardly been investigated scientifically. Virtually nothing is known about the efficacy of swearing. The present studies set out to investigate whether the inclusion of swearwords in a testimony increases the believability of that statement. In study 1, respondents were simply asked whether they believed that using swearwords is a sign of credibility, a sign of deceit, or neither. In the second and third study, participants had to read fictitious testimonies of a suspect and a victim, respectively. Participants were exposed to testimonies with or without swearwords. The results suggested that people self-reported to find swearwords a sign of deceit (study 1), but when actually confronted with a statement, the opposite turned out to be the case (studies 2 and 3). That is, testimonies containing swearwords were perceived as more credible than swearword-free testimonies. Hence it is concluded that swearing increases believability of statements.     

U.S. child custody outcomes in cases involving parental alienation and abuse allegations: what do the data show?

ABSTRACT

Family court and abuse professionals have long been polarized over the use of parental alienation claims to discredit a mother alleging that the father has been abusive or is unsafe for the children. This paper reports the findings from an empirical study of ten years of U.S. cases involving abuse and alienation claims. The findings confirm that mothers’ claims of abuse, especially child physical or sexual abuse, increase their risk of losing custody, and that fathers’ cross-claims of alienation virtually double that risk. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation. In non-abuse cases, however, the data suggest that alienation has a more gender-neutral impact. These nuanced findings may help abuse and alienation professionals find some common ground.     

Parent and child reports of animal cruelty and their correlations with parent and child reports of child delinquency

ABSTRACT

The purpose of this study was to determine whether child and parent reports of animal cruelty in children correlated with child- and parent-reported delinquency in these same children. A group of 3397 children (1778 boys and 1619 girls; age?=?9 years) from the Fragile Families and Child Wellbeing sample [FFCW: Reichman, Teitler, Garfinkel, & McLanahan (2001). Fragile families: Sample and design. Children & Youth Services Review, 23, 303–326] served as participants in this study. The prevalence of animal cruelty as reported by the child (4.7%) and parent (3.0%) were both low and the zero-order correlation between the two estimates was non-significant, suggesting that they were measuring different constructs. A two-equation multiple regression analysis was conducted, controlling for child gender, domestic violence within the home, mother hitting/spanking, and father hitting/spanking. Findings indicated that parent-reported animal cruelty correlated significantly with child-reported delinquency, controlling for child reports of animal cruelty and the four control variables. Child-reported animal cruelty, however, failed to correlate with parent-reported delinquency, controlling for parental reports of animal cruelty and the four control variables. These results suggest that parental reports of animal cruelty may be more useful as indicators of delinquent involvement than child reports. Possible reasons for these findings are discussed.     

I Spy with My Little Eye: Jurors’ Detection of Internal Validity Threats in Expert Evidence

This experiment examined whether jury-eligible community members (N = 223) were able to detect internally invalid psychological science presented at trial. Participants read a simulated child sexual abuse case in which the defense expert described a study he had conducted on witness memory and suggestibility. We varied the study’s internal validity (valid, missing control group, confound, and experimenter bias) and publication status (published, unpublished). Expert evidence quality ratings were higher for the valid versus missing control group version only. Publication increased ratings of defendant guilt when the study was missing a control group. Variations in internal validity did not influence perceptions of child victim credibility or police interview quality. Participants’ limited detection of internal validity threats underscores the need to examine the effectiveness of traditional legal safeguards against junk science in court and improve the scientific reasoning ability of lay people and legal professionals.     

A CRITICAL REVIEW OF CHILD CUSTODY EVALUATION REPORTS

This study examined 52 child custody reports drafted by doctoral-level psychologists from across the United States to determine (a) the nature, scope, and quality of the evaluation process as reflected in report content; (b) the degree to which practice as documented in reports is congruent with practice as described by survey data; and (c) the manner in which evaluation results are communicated to the court. In general, the findings suggest that evaluation procedures identified in reports are consistent with those described in past survey research and with custody guidelines. Evaluations tend to be court ordered, comprehensive, and well written. Ways in which reports can be improved were identified.     

Examination of the consistency of interviewer performance across three distinct interview contexts

Abstract

The current study examined the consistency of investigative interviewers' performance (n=31) across three distinct interview paradigms: (a) a mock interview where an adult actor played the role of a child recalling abuse, (b) a mock interview where a school child recalled an innocuous event that was staged at the child's school, and (c) a field interview where the interviewer elicited a statement of abuse from a child. Performance was measured by calculating the proportion of open-ended and leading questions, and by eliciting expert ratings of the presence of a range of problem behaviours commonly exhibited by interviewers. Overall, the performance of individual interviewers was relatively stable across the tasks. Heterogeneity in stability, however, differed according to the type of question and the nature of the event being examined. In particular, the mock interview paradigm where the adult acted the role of an alleged child abuse victim produced a measure of performance that was more similar to the field interview than the interview where a school child recalled an innocuous event. The implications of the findings for trainers, and directions for future research, are discussed.     

Written records of police interrogation: differential registration as determinant of statement credibility and interrogation quality

Abstract

The backbone of Dutch criminal procedure is the case file including a large number of written records. In Dutch courts the focus is primarily on evaluation of written records. The written record of police interrogation is a mediated account of the interrogation itself. In this study we explore how individual differences in the production of written records by police officers affect the jurists' evaluation of the suspect's story and of the quality of the interrogation itself. In the first study, five police officers produced written records of one and the same interrogation on video of a denying suspect. In the second study, three of those written records are evaluated by jurists. They are asked to determine story acceptability of the suspect and procedural fairness of the interrogation. Findings show that a short and simple interrogation of a suspect results in written records that are quite different (Study I). It is further shown that these differences affect the jurists' evaluation of some of the core issues addressed in a criminal process (Study II). Implications of these findings are discussed as well as a number of possible ways to improve the current state of affairs.     

Parental alienation (syndrome) in child custody cases: survivors’ experiences and the logic of psychosocial and legal services in Italy

ABSTRACT

Parental alienation (syndrome) is a controversial issue, criticized by experts in different fields. However, this concept is often used by professionals and is frequently cited in courtrooms. This qualitative study focuses on parental alienation and explores women’s experiences as well as legal and social services’ practices in child custody cases. Semi-structured interviews were conducted with separated mothers who were victims of intimate partner violence, and with social workers and psychologists/psychiatrists designated by courts to evaluate parenting skills. Expert reports, psychological assessments and legal documents were also analysed. Results show that professionals endorsed parental alienation and considered it a ‘feminine problem’. Women were often blamed and labeled as ‘engaging in parental alienation’ when they were trying to ensure their children’s safety. Children’s accounts were interpreted as being a result of their mothers’ manipulation. In contrast, fathers were treated as victims of vindictive women who want to keep children to themselves. Men’s violent behaviours were not considered, and their role as fathers was seen as ‘inviolable’. These practices seem to reflect the ‘good-enough father’ approach, according to which the presence of the father is essential for children’s development, regardless of his violent behaviours.     

Interprofessional and interagency training for working with young people with harmful sexual behaviours: An evaluation of outcomes

Abstract

This study evaluates the outcomes of short interagency training courses provided by six Local Safeguarding Children Boards in England. The aim was to develop practical skills in recognising and responding to the needs of children with harmful sexual behaviour in an interagency context. The courses all employed interactive learning and teaching methods as well as presentations of case studies, research findings and statutory guidance. Professionals (n=147) from a range of agencies participated in the evaluation. Their attitudes, knowledge and self-confidence were assessed using a specially designed 20-item self-report scale. Scores at registration 6 weeks in advance and at the start and end of the course were compared in a double-baseline, time–series design. There was strong evidence of overall improvements in scores on most of the scale items, which are attributable to the course. However, concerns are also raised about the small numbers of criminal justice professionals participating compared to child welfare professionals.     

Legal professionals’ knowledge and experience of autistic adults in the family justice system

Abstract

Access to justice is a key theme in the family justice system, especially for those with particular vulnerabilities. Autism, a development condition characterised by difficulties in social communication and interaction, and the presence of rigid, repetitive behaviours, presents particular challenges in this area. This paper reports the findings of a mixed-methods study with legal professionals working in the family justice system, asking about their knowledge of autism, their perceived self-efficacy when working with autistic clients, and their experience of cases involving autistic litigants. The study reports high levels of knowledge, but low levels of confidence, by legal professionals (N = 204), and addresses the experiences of particular cases in follow-up discussions (N = 10). The paper concludes by making a series of recommendations for legal professionals to assist autistic people to engage fully in family court proceedings.     

从亲子鉴定的问题看标准化规范化管理的重要性

近年来,亲子鉴定技术在我国发展较快,越来越多的人应用这一鉴定手段维护了自己的合法权益.但我们发现,我国目前对鉴定部门的管理却相对滞后,主要表现为实验室缺乏规范化管理、鉴定机构良莠不齐、技术标准不够完备以及缺乏实验室的质量检测体系等.这些问题如不解决,将不适应司法体制改革的趋势,阻碍鉴定技术科学、公正地为司法实践服务.因此,我们呼吁有关部门对这一问题加以重视、加强协作,使科学鉴定早日走上标准化、规范化管理的道路.     

Attachment,anger and anxiety of male sexual offenders

Abstract

Common factors underlie sexual and non-sexual aggression, and they co-occur at high rates. This study reports on whether Dutton et al.'s model of partner abuse (1994) also predicts sexual offender status. Incarcerated sexual offenders (n?=?144) and non-sexual offenders (n?=?34) completed a voluntary, anonymous survey of attachment, anger and anxiety measures. Sexual offenders produced significantly higher insecure attachment (p?=?0.001), anger (p?<?0.05) and generalized anxiety (p?<?0.01) scores than non-sexual offenders. Intended multivariate analyses were prohibited by multicollinearity between predictors. Although insecure attachment, anxiety and anger distinguish sexual from non-sexual offenders, their predictive power in a multivariate model is yet to be determined. Awareness of the co-occurrence of sexual and non-sexual violence would improve assessment and treatment approaches for professionals in both arenas.     

Criminal law and mentally ill offenders in comparative perspective

Abstract

In this stick we compare legal arrangements dealing with mentally disordered offenders in the criminal law systems ct Belgium, Canada, Germany, the Netherlands, Norway, Sweden, and the United Kingdom. To describe relevant diffesenoes and similarities in the arrangemeats, we used a checklist containing antral aspects of adjudication, assessment and treatment of mentally ill offenders. These aspects concern: (1) the legal classifications of mental illnesses that can lead to exclusion of criminal responsibility: (2) the acceptance of diminished capacity as a partial excuse; (3) the possibilities for imposing security measures of compulsory treatment instead of or next to criminal punishment; (4) the conditions for their imposition in terms of seriousness of crimes committed and dangerousness of offenders; (5) the available hospitals or special clinics for executing security measures; (6) the role and task of forensic mental health professionals in assessing the offender's state of mind and in advising compulsory treatment; (7) the rules for duration, prolongation and termination of the measures. The findings of this comparative analysis are evaluated in light of legal protection for mentally disordered offenders.     

The Impact of Negative Forensic Evidence on Mock Jurors’ Perceptions of a Trial of Drug-Facilitated Sexual Assault

Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.

---