EMPOWERING CHILDREN IN MEDIATION

The available research in the mediation arena regarding child custody disputes indicates a lack of and growing need for effective intervention techniques. The authors present practicing mediators with a specific intervention model for interviewing, safeguarding, and empowering children in the process of mediating custody disputes. The mediation model utilizes a structured, strategic, and process-oriented approach with a family systems theoretical orientation and may be used in private or court-connected settings. The model presented here goes beyond the child-centered interview norm to the inclusion of the child in the process to assist parents in decision making. The model supports the current California statute under Family Code Section 3023, which states that "if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an award of custody or modification." The model does, however, maintain the position that the final decision continues to lie with the parents or the courts and not the child.     

Regularities in Eyewitness Identification

What do eyewitness identification experiments typically show? We address this question through a meta-analysis of 94 comparisons between target-present and target-absent lineups. The analyses showed that: (a) correct identifications and correct-nonidentifications were uncorrelated, (b) suspect identifications were more diagnostic with respect to the suspect’s guilt or innocence than any other response, (c) nonidentifications were diagnostic of the suspect’s innocence, (d) the diagnosticity of foil identifications depended on lineup composition, and (e) don’t know responses were nondiagnostic with respect to guilt or innocence. Results of diagnosticity analyses for simultaneous and sequential lineups varied for full-sample versus direct-comparison analyses. Diagnosticity patterns also varied as a function of lineup composition. Theoretical, forensic, and legal implications are discussed.     

The Target-to-Foils Shift in Simultaneous and Sequential Lineups

A theoretical cornerstone in eyewitness identification research is the proposition that witnesses, in making decisions from standard simultaneous lineups, make relative judgments. The present research considers two sources of support for this proposal. An experiment by G. L. Wells (1993) showed that if the target is removed from a lineup, witnesses shift their responses to pick foils, rather than rejecting the lineups, a result we will term a target-to-foils shift. Additional empirical support is provided by results from sequential lineups which typically show higher accuracy than simultaneous lineups, presumably because of a decrease in the use of relative judgments in making identification decisions. The combination of these two lines of research suggests that the target-to-foils shift should be reduced in sequential lineups relative to simultaneous lineups. Results of two experiments showed an overall advantage for sequential lineups, but also showed a target-to-foils shift equal in size for simultaneous and sequential lineups. Additional analyses indicated that the target-to-foils shift in sequential lineups was moderated in part by an order effect and was produced with (Experiment 2) or without (Experiment 1) a shift in decision criterion. This complex pattern of results suggests that more work is needed to understand the processes which underlie decisions in simultaneous and sequential lineups.     

Eyewitness Identification in Actual Criminal Cases: An Archival Analysis

This study analyzed 271 actual police cases in order to address several prevalent issues in the eyewitness literature. Suspect identification (SI) rates were obtained for 289 photographic lineups, 258 field showups, 58 live lineups, and 66 lineup identifications preceded by earlier identifications. SI rates were assessed for 3 levels of extrinsic evidence: no extrinsic evidence, evidence of minimal probative value, and evidence of substantial probative value. The SI rates for the photographic lineups were assessed as a function of delay, same vs. cross-race conditions, witness type, and weapon presence. SI rates declined significantly over time; SI rates were significantly greater for the same-race condition. SI rates were much greater for field showups than photographic lineups, 76% vs. 48%. The SI rates for the field showups did not vary as a function of eyewitness conditions. The relation between confidence and suspect/foil identifications for the live lineups was significant and moderately high. The utility of archival identification studies for eyewitness testimony research is discussed.     

A review of domestic violence arrest statistics in a police department using a pro-arrest policy: Are pro-arrest policies enough?

This study examined domestic violence arrest statistics in a sheriff's department that does not utilize a community approach and provides little police training on domestic violence. In reviewing all domestic violence reports (n=1870) over a 12-month period, less than one-third (28.8%) of the domestic violence cases ended in arrest. Even the most serious charges (aggravated batteries) were more likely to end without an arrest (62.6%) than with an arrest (37.4%). Although results showed that more men were identified (88.4%) and arrested (91.6%) as batterers than women (11.6% and 8.4%, respectively), closer analyses revealed that arrested women were more often charged with more serious charges (60%) than arrested men (26.0%). Finally, gender and race data indicated that while four-fifths (84.6%) of black females were arrested on felony charges, less than one-fifth (19.5%) of white males were arrested on the same charge. These findings demonstrate a need for further research on factors that may affect pro-arrest policy effectiveness.Forensic psychological resident in private practice in Miami and Fort Lauderdale, Florida.