When lawyers question children

This study assessed the impact of some complex question forms frequently used by attorneys who examine and cross-examine witnesses in the courtroom. Fifteen males and 15 females from each of four student populations (kindergarten, fourth grade, ninth grade, and college) viewed a videotaped incident and then responded to questions about the incident. Half the questions were asked in “law-yerese” (i.e., using complex question forms); the remaining half asked for the same information using simply phrased question forms of the same length. Lawyerese confused children, adolescents, and young adults alike. Questions that included multiple parts with mutually exclusive responses were the most difficult to answer; those that included negatives, double negatives or difficult vocabulary also posed significant problems. Results suggest that complex question forms impede truth-seeking and should be prohibited in court.     

The Direct and Cross-Examination of Complainants and Defendants in Rape Trials: A Quantitative Analysis of Question Type

This paper is a post-hoc examination of the questioning used in six rape trials. Questions asked in the evidence-in-chief and cross-examination of six complainants and five defendants were coded into different categories. The categories comprised "open", "closed", "leading", "heavily-leading" and "yes/no" questions; questions that are known to increasingly constrain witness responses. Additionally, the frequency of "multiple questions", and questions with "negatives" and "double negatives" were recorded; questions that witnesses have difficulty understanding. Broadly speaking, results showed that questions in both evidence-in-chief and cross-examination were of a constraining nature and allowed witnesses little opportunity to provide complete accounts of alleged events, particularly during cross-examination. Multiple questions were frequent although negatives were comparatively rare, and double negatives did not occur. Similar forms of questioning were used for complainants as for defendants, although more questions were asked of complainants than defendants in cross-examination. The results are discussed in terms of the adverse influence of these questioning strategies on the completeness and accuracy of witnesses' responses, and the similarity in "combativeness" of lawyers in their examination of complainants and defendants.     

The effect of repeated questioning on children's accuracy and consistency in eyewitness testimony

Purpose. In police interviews children may be asked the same question many times. We investigated how the number of repetitions and the interval between those repetitions affected the accuracy and consistency of children's responses. Methods. 156 children aged 4–9 years watched a staged event and were interviewed individually 1 week later. Children were asked eight open‐ended questions, which were each repeated a further four times (making a total of forty questions). Half these open‐ended questions could be answered from information in the event, and half were unanswerable (so children should have said ‘don't know’ in response to these questions). The questions were repeated in gist form. The interval between an initial question and its repetitions was varied by use of other questions and twenty non‐repeated filler questions. The intervals between repetitions were immediate repetition, repetition after a delay of three intervening questions, after a delay of six intervening questions, and after ten or more intervening questions. Results. Over a quarter of children's responses to repeated questions changed, usually resulting in a decline in accuracy, particularly after the first repetition. Subsequently, the number of repetitions and delay interval had little effect on responses to answerable questions although accuracy to unanswerable questions continued to decline. Conclusions. Question repetition had a negative affect on children's consistency and accuracy. For unanswerable questions in particular, the more often a question was repeated the more likely children were to invent a response.     

Validation studies in forensic odontology – Part 1: Accuracy of radiographic matching

As part of a series of studies aimed at validating techniques in forensic odontology, this study aimed to validate the accuracy of ante-mortem (AM)/postmortem (PM) radiographic matching by dentists and forensic odontologists. This study used a web-based interface with 50 pairs of AM and PM radiographs from real casework, at varying degrees of difficulty. Participants were shown both radiographs as a pair and initially asked to decide if they represented the same individual using a yes/no binary choice forced-decision. Participants were asked to assess their level of confidence in their decision, and to make a conclusion using one of the ABFO (American Board of Forensic Odontology), INTERPOL (International Criminal Police Organisation) and DVISys? (DVI System International, Plass Data Software) identification scale degrees. The mean false-positive rate using the binary choice scale was 12%. Overall accuracy was 89% using this model, however, 13% of participants scored below 80%. Only 25% of participants accurately answered yes or no > 90% of the time, with no individual making the correct yes/no decision for all 50 pairs of radiographs. Non-odontologists (lay participants) scored poorly, with a mean accuracy of only 60%. Use of the graded ABFO, DVISYS and INTERPOL scales resulted in general improvements in performance, with the false-positive and false-negative rates falling to approximately 2% overall. Inter-examiner agreement in assigning scale degrees was good (ICC = 0.64), however there was little correlation between confidence and both accuracy or agreement among practitioners. These results suggest that use of a non-binary scale is supported over a match/non-match call as it reduces the frequency of false positives and negatives. The use of the terms “possible” and “insufficient information” in the same scale appears to create confusion, reducing inter-examiner agreement. The lack of agreement between higher-performing and lower-performing groups suggests that there is an inconsistency in the cognitive processes used to determine similarity between radiographs.     

Inconsistencies in children's recall of witnessed events: The role of age,question format and perceived reason for question repetition

Purpose. Children's inconsistencies when answering repeated questions about past events are a source of concern in forensic, educational, and other contexts. Theoretical accounts of these inconsistencies have predominantly assumed that children shift because they infer adult dissatisfaction with their initial answer. This study aimed to test this account via examination of the effects of question format on shifting, as well as via direct questioning of children. Method. Four‐, five‐, and seven‐year‐olds (N = 226) were asked 17 recall questions about a recent classroom activity, with eight target questions repeated in one of four formats: no‐correct (mildly misleading questions to which the correct answer was ‘no’), yes‐correct (mildly misleading questions to which the correct answer was ‘yes’), specific open wh‐ questions, and forced‐choice questions. They were then asked about the adult's reasons for repetition. Accuracy, shifting, and interpretations of question repetition were examined. Results. Shifting from accuracy decreased with age, and was affected by question format in 4‐year‐olds only, who shifted more to no‐correct than to forced‐choice questions. Shifting towards accuracy was more common in forced‐choice questions than either no‐correct or open questions, but there were no significant age differences. First‐answer‐unsatisfactory interpretations of question repetition were rare, especially in the two younger groups. The oldest group offered a wider range of interpretations and also showed some evidence of an association between first‐answer‐unsatisfactory interpretations and shifting. Conclusions. Overall, our findings present a challenge to first‐answer‐unsatisfactory explanations of young children's shifting in recall settings, at least where overt pressure to shift is low. Forensic implications are considered.     

Assessing children's competency to take the oath in court: The influence of question type on children's accuracy

This study examined children's accuracy in response to truth-lie competency questions asked in court. The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los Angeles County over a 5-year period (1997-2001) and 154 child witnesses quoted in the U.S. state and federal appellate cases over a 35-year period (1974-2008). The results revealed that judges virtually never found children incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficult largely due to errors in response to "Do you know" questions. Questions about the consequences of lying were more difficult than questions evaluating the morality of lying. Children exhibited high rates of error in response to questions about whether they had ever told a lie. Attorneys rarely asked children hypothetical questions in a form that has been found to facilitate performance. Defense attorneys asked a higher proportion of the more difficult question types than prosecutors. The findings suggest that children's truth-lie competency is underestimated by courtroom questioning and support growing doubts about the utility of the competency requirements.     

Is There Touch in the Game of Twister®? The Effects of Innocuous Touch and Suggestive Questions on Children's Eyewitness Memory

Preschool children (ages 48–70 months, N = 48) experienced 2 to-be-remembered events (i.e., the games Twister^® and Shapes) that included either innocuous bodily touch or no touch. Participants were interviewed 7 days later and asked direct (“Did Amy kiss you?”) or suggestive “tag” questions (“Amy kissed you, didn't she?”) equated for content. Results indicated that children who were innocuously touched were no more likely to falsely assent to “abuse-related” touch questions (e.g., “Amy touched your bottom, didn't she?”) than were children who were not touched. However, children who were asked tag questions responded at chance levels, thereby making high errors of commission in response to abuse-touch questions relative to their no-tag counterparts who responded to “abuse questions” accurately 93% of the time. Children who were asked tag questions assented at a higher rate to general forensic questions (“Amy took your picture, didn't she?”) than did children asked direct questions, and children assented at higher rates to “abuse-touch” questions than to general forensic questions. Results are discussed in terms of prior research on interviewing techniques and adult influence on children's testimony.     

The Effect of Image Quality and Forensic Expertise in Facial Image Comparisons

Images of perpetrators in surveillance video footage are often used as evidence in court. In this study, identification accuracy was compared for forensic experts and untrained persons in facial image comparisons as well as the impact of image quality. Participants viewed thirty image pairs and were asked to rate the level of support garnered from their observations for concluding whether or not the two images showed the same person. Forensic experts reached their conclusions with significantly fewer errors than did untrained participants. They were also better than novices at determining when two high‐quality images depicted the same person. Notably, lower image quality led to more careful conclusions by experts, but not for untrained participants. In summary, the untrained participants had more false negatives and false positives than experts, which in the latter case could lead to a higher risk of an innocent person being convicted for an untrained witness.     

The provenance of émigrés: the validity of measuring knowledge of places

Establishing the origin of those seeking asylum is essential but difficult as asylum seekers often cannot corroborate their origin claim with documents. The aim of the present study was to assess whether asking knowledge questions, sketch questions and impossible questions are valid methods to determine the veracity of an origin claim. Participants (N?=?105) from Tilburg (truth-tellers), Maastricht (partial liars) and Gothenburg (full liars) were asked to convince an interviewer that they originated from Tilburg. Half of them prepared and half of them did not prepare themselves for the interview. They were asked 10 knowledge questions typically asked to assess the credibility of origin claims, 4 impossible questions and 1 sketch question. Participants from Tilburg answered more questions correctly than participants from Maastricht and Gothenburg. Performance also improved with preparation. Even though the results did provide some support for the validity of assessing claims about origin by asking knowledge questions, the differences between the groups were modest, and it was impossible to correctly identify all truth-tellers and liars. Changing the output modality from verbal answering to sketching contributed to the credibility assessment of origin claims, whereas impossible questions were not discriminatory.     

The developmentally handicapped witness

This study compared the ability of 30 developmentally handicapped (DH) and 30 nonhandicapped individuals in their ability to report on witnessed events. Participants watched a film clip and were asked to respond to five different types of questions about it. Misleading or leading questions were embedded in three of the question types Results indicated that in response to free recall and very general questions, DH participants did not provide as complete responses as did nonhandicapped participants, although the information provided by both groups tended to be quite accurate. Both groups, and particularly DH individuals, were less accurate in responding to more focused shortanswer recall questions. In response to correct leading specific and statement questions, requiring recognition of the information provided, DH and control participants were comparable in their performance. DH participants had greater difficulty with misleading recall questions and false leading specific and statement questions. Results are discussed in terms of optimizing eyewitness accuracy in DH individuals.     

Sexual assault complainants on the stand: a historical comparison of courtroom questioning

Because most cases of alleged sexual assault involve few sources of evidence, the complainant’s testimony is crucial. In line with empirical research findings, the way in which police question sexual assault complainants has evolved to ultimately maximise both the completeness and accuracy of evidence. But has courtroom questioning changed over time? To answer this question, we compared the courtroom questioning of sexual assault complainants in the 1950s to that used in cases from the turn of the twenty-first century. Overall, lawyers in contemporary cases asked complainants more questions and uttered more words than they did historically. Complainants, too, appear to have become more vocal over time. Across the two time periods, the questioning style used by prosecuting lawyers has shifted towards a more open style. In stark contrast, the format of cross-examination questions has remained remarkably consistent over time, with leading questions still making up the bulk of the questions asked. These findings have important implications for future legal reform and legal practice.     

A field study of adult witness interviewing practices in a Canadian police organization

Purpose. The current study examined witness interviewing practices in a Canadian police organization. The effect of interviewer, interviewee, and interview characteristics on those practices was also examined. Method. Ninety witness interviews from a Canadian police organization were coded for the following interviewing practices: types of questions asked (i.e. open‐ended, probing, closed‐ended, clarification, multiple, leading, opinion/statement, and re‐asked), the number of interruptions, percentage of words spoken by interviewer, type of pre‐interview instructions (consequential vs. generic), and whether or not a free narrative was requested (and when requested during the interview). Characteristics pertaining to the interviewer (e.g. primary interviewer's age), interviewee (e.g. witness gender), and interview (e.g. crime type) were also coded. Results. Results showed that closed‐ended and probing questions were the most widely asked questions, and that open‐ended questions were asked relatively infrequently. It was also found that the 80–20 talking rule was violated in 89% of the interviews, interviewers rarely interrupted the witnesses, and free narratives were requested often. Overall, the effect of interviewer, interview, or interviewee characteristics on interviewing practices was minimal. Conclusions. The finding that scientifically prescribed interviewing practices are employed rarely by Canadian police officers highlights a need for increased professional interviewing training. The finding that practices are largely unaffected by personal and situational factors suggests that such training would be equally beneficial for all types of interviewers, interviewees, and contexts.     

A Preidentification Questioning Effect: Serendipitously Increasing Correct Rejections

A study designed to test the effects of delay between crime and lineup on identification accuracy produced an unusually high rate of correct rejection from target-absent, simultaneous lineups (J. E. Dysart, 1999). Examining the procedures indicated that one question included in a preidentification questionnaire differed from those used previously. The question asked witnesses if they believed they would be able to correctly reject a target-absent lineup. An experiment (N = 138) was conducted to explore the impact of preidentification questions, including this new question, on witness accuracy. Results revealed that asking witnesses these questions, prior to viewing the lineup, significantly increased correct rejections of target-absent simultaneous lineups.     

Linguistic and socioemotional influences on the accuracy of children's reports

A basic but largely neglected issue in research on the reliability of children's testimony is the impact of certain questioning tactics (e.g., use of legalese and socioemotional intimidation) on the accuracy of children's reports. In the present study, 5- to 7-year-old children were interviewed about a standardized play event with free-recall cues and detailed questions that were specific or misleading. Linguistic complexity of questions (complex or simple) and socioemotional context of interview (supportive or intimidating) were varied between subjects. Results indicated that children were significantly less accurate in reporting the event when questioned with complex, developmentally inappropriate questions rather than simple questions, yet children rarely voiced their comprehension failures. In addition, children interviewed by a warm, supportive interviewer were more resistant to misleading questions about the event than were children interviewed in an intimidating manner. Theoretical interpretations and implications for investigative interviewing and policy are discussed.     

Age trends in eye-witness suggestibility and compliance

Abstract

This paper addresses two issues: whether there is a developmental trend in suggestibility to misleading post-event information, and whether suggestibility can be reduced by use of part of the cognitive interview. Twenty participants from each of three age groups (four-to-five year olds, eight-to-nine year olds and adults) watched a filmed event, and half of the participants in each age group were subsequently asked to recall everything they had seen using a method derived from the cognitive interview procedure. Following this, all participants were asked questions about the filmed event, some of which incorporated misleading information. Twenty four hours later the witnesses were interviewed again, this time critical questions were included about the truth of the presuppositions introduced in the initial questionnaire. It was found that although the eight-to-nine year olds were more suggestible than adults, the apparent greater suggestibility of very young children (four-to-five years) could potentially be explained in terms of heightened compliance to the perceived demands of the interviewer. The 'be complete' part of the cognitive interview only produced an improvement in performance for the eight-to-nine year olds.