Do Jurors “Know” What Isn’t So About Child Witnesses?

Are expert witnesses needed in child sexual abuse cases to educate jurors about children’s memory, suggestibility, and reactions to abuse, or do jurors already know what such experts could tell them? To cast light on this question, we surveyed jurors and jury-eligible college students and compared their beliefs with what is known via scientific research regarding children’s memory and ability to testify, reactions to interrogation, and reactions to sexual abuse. We also asked participants to infer results of four widely cited studies of children’s suggestibility. Participants’ beliefs were consistent with findings from research on some issues (e.g., that children can be led to claim that false events occurred) but diverged from the scientific consensus on other issues (e.g., whether children can remember painful events in infancy). Similarly, participants sometimes overestimated and sometimes underestimated the level of suggestibility observed in empirical studies. Individual differences in accuracy were related to participants’ gender, education and ethnicity, and there was considerable disagreement among participants on many questions. Implications of findings for the admissibility of expert testimony in child abuse cases are discussed.     

Eyewitness testimony of children in target-present and target-absent lineups

The effects of age of witness and age of suspect on eyewitness testimony were investigated. Forty-eight elementary school children and 48 college students viewed a slide sequence of a mock crime. This was followed by target-present or target-absent photo identification with a no-choice option, central and peripheral questions related to the crime, and a second photo identification. In photo identification, child witnesses had a higher rate of choosing than adult witnesses, suggesting that children have more lax criteria of responding. The accuracy data showed similar levels of sensitivity across ages although there was a trend toward reduced accuracy of child witnesses in target-absent lineups. All witnesses made more total choices and more correct rejections with child-suspect lineups than adult-suspect lineups. Central questions were answered better than peripheral questions by both age groups, but adults made significantly more “don't know” choices.     

Police officers' perceptions of older eyewitnesses

Purpose. This study examined United Kingdom police officers' perceptions about older witnesses (>60 years) and their thoughts about employing the cognitive interview (CI) with this group. Method. A questionnaire was used to assess officers' opinions about current interviewing protocols for older witnesses, including the CI, and to explore the challenges involved with interviewing older witnesses. Results. Over half of the officers surveyed perceived older witnesses to be less reliable and less thorough than younger witnesses. Many officers lacked confidence in dealing with the emotional distress and memory loss often displayed by older witnesses and victims. Several officers stated they were inadequately trained and had insufficient time to devote to interviewing in general. Moreover, the number of officers who considered the CI to be helpful with older witnesses was roughly equivalent to the number of officers who believed it was not. Conclusions. These results suggest that police officers, like mock jurors, consider older adult witnesses and victims to be less reliable and thorough than younger adult witnesses. Furthermore, the results indicate that many officers are not always satisfied with their interviews of older witnesses and victims. Implications for officer training are discussed.     

An attempt to reduce guessing behavior in children's and adults' eyewitness identifications

The effects of age of witness, gender of witness, lineup presentation, and practice on eyewitness testimony were investigated. Ninety-six elementary-school children and 96 college students viewed a slide sequence of a crime, followed by target-present or target-absent photo identification in sequentially or simultaneously presented lineups. Prior to photo identification, half the subjects received a practice lineup. Children had a higher rate of choosing than adults, resulting in more foil identification errors in both target-present and target-absent lineups. Without prior practice, sequential presentation as compared to simultaneous presentation reduced errors in target-absent lineups for adult witnesses and showed a similar but nonsignificant reduction for child witnesses. With prior practice, sequential presentation lost the advantage over simultaneous presentation in target-absent error reduction. Practice reduced target-absent errors in simultaneous-presentation lineups for both age groups.     

Face-to-Face Confrontation: Effects of Closed-Circuit Technology on Children's Eyewitness Testimony and Jurors' Decisions

The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at a downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish factfinders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed- circuit technology when children testify are discussed.     

Judicial perceptions of child witness competence

Concern about the difficulties faced by child witnesses in the legal system has led to two major areas of reform: the relaxation of competence and corroboration requirements, and the introduction of special procedures and physical facilities to reduce the emotional pressures of testifying. Although the implementation of these measures depends largely on judicial discretion, little is known about judicial perceptions of child witnesses and about judicial acceptance of these measures. Fifty magistrates and judges in New South Wales, Australia were asked via interview or questionnaire about their beliefs, concerns, and practices related to child witnesses. There was considerable variability in their views about the competence of child witnesses and the need for special protective measures in court for these witnesses. There was, however, more consensus about those aspects of children's ability to testify that give rise to judicial concerns about their competence. Children's honesty was not at issue; they were generally regarded as being at least as honest as adults, if not more so. They were, however, perceived as highly suggestible and susceptible to the influence of others and prone to fantasy. These findings are consistent with the findings of other studies, and provide a basis for judicial education in relation to child witnesses.     

Is That What I Said?: Witnesses' Responses to Interviewer Modifications

Modifications occur when interviewers contradict statements made by witnesses or imply that witnesses provided information that they (interviewers) did not provide. Because of their suggestive nature, modifications threaten the reliability of investigative interviews. This study investigated developmental differences in witnesses' responses to modifications during interviews as well as in inclusion of modified misinformation in subsequent answers. Preschool, elementary school, and college students were interviewed about a video presentation. In the experimental conditions, the interviewer contradicted information about the video provided by the participants. Participants then answered two sets of follow-up questions: one immediately following the interview and another 6–8 days later. Results indicated that participants were more likely to ignore modifications than to correct or agree with them. Adult participants were most likely to disagree with modifications. Preschoolers were most likely to incorporate modified misinformation into subsequent answers. Implications of these findings for investigative interviews are discussed.     

Evaluation of an objective assessment technique for the detection of malingered memory deficits

Clinicians generally operate under the implicit assumption that their clients are being honest and putting forth their best effort on assessment procedures. However, clients may realize substantial secondary gains by appearing impaired. The present study evaluates an objective assessment procedure for the detection of malingered memory deficits. Results demonstrate that college students instructed to malinger memory impairment show different patterns of responding and can be clearly differentiated from students performing their best and from actual memory-impaired patients. Applying one of two scores derived from this test to a sample of 20 students instructed to malinger, 20 control subjects, and 20 memory impaired subjects performing their best resulted in a 100% hit rate for normal controls and memory-impaired subjects, and a 65% hit rate for experimental malingerers.This study was presented in a somewhat different form at the 10th Annual Conference of the National Academy of Neuropsychology; November, 1990; Reno. The test evaluated in this study is available to researchers upon request to the second author.     

Understanding Children's Use of Secrecy in the Context of Eyewitness Reports

To investigate socioemotional influences on children's eyewitness accuracy, we examined children's reports for activities they were motivated to conceal. Forty-eight 3–6-year-old children participated in a standardized play session with their mothers. Half of the children were told by an experimenter not to play with certain toys, but did so at the urging of their mothers, who told their children to keep the play activities secret. The remaining children were not restricted from playing with the toys, nor told by their mothers to keep the play activities secret. Later, all children were interviewed about the activities with free narrative and detailed questions. Half were given an interview that consisted of highly suggestive questions; half were given an interview consisting of specific, less suggestive questions. Results indicated that older children who were instructed to keep events secret withheld more information than did older children not told to keep events secret. Younger children's reports were not significantly affected by the secret manipulation. There were no significant effects associated with interview type. We discuss implications for understanding the development of children's knowledge and use of secrecy, and applications of the research to issues that arise when child witnesses give reports in legal contexts.     

Non-biased lineup instructions do matter – a problem for older witnesses

Abstract

From the limited literature on older witnesses’ identification performance it is known that they are less accurate on lineups compared to younger witnesses. What is less certain is why they show this age deficit and what can be done to aid their performance. Witnesses forgot being given non-biased lineup instructions informing witnesses that the perpetrator may or may not be present. More older witnesses than younger witnesses forgot and witnesses who failed to report remembering these instructions were significantly less accurate on the lineups. In addition, the current study investigated the use of sequential lineup presentation and stringent decision criteria to aid the performance of older witnesses. Sequential presentation was beneficial to both younger and older adults when the lineup was target absent (TA) but was detrimental when the lineup was target present (TP). Stringent decision criteria had no significant beneficial effect. Future directions for aiding older witnesses’ performance are discussed.     

‘Robust and Raring to Go?’– Judges' Perceptions of Child Witnesses

This article explores judicial perceptions of child witnesses. It considers the impact of recent legislation in England and Wales as well as in Scotland which classified all child witnesses as vulnerable and introduced a series of special measures to facilitate children's evidence. The article reports the findings of an empirical research study conducted with the judiciary in Scotland which suggests that judicial perceptions of child witnesses extend across a complex spectrum where a child may be viewed as vulnerable but is also likely to be seen as suggestible, reliable or resilient. The article advances two propositions. First, that the statutory conceptualization of children as invariably vulnerable has not displaced established beliefs concerning children's suggestibility and therefore has made little difference to perceptions of their ability to produce reliable testimony. Second, that focusing on children's potential for resilience rather than their vulnerability may prove a more productive conceptualization of children, one which could better support their capability as witnesses.     

The Self-Administered Interview: a means of improving children's eyewitness performance?

Abstract

In order to obtain the most informative and correct statements, witnesses should be heard as soon as possible after the incident. However, this is not always possible. This experimental study investigated whether completing a Self-Administered Interview form (SAI) immediately after a critical event could enhance children's witness performance at a later stage. Children (N = 194, age 11–12) reported their memory of an event in a structured SAI, an open SAI, or did not report their memory (control). Two weeks later, the children were interviewed about the event. Before the interview, half of the children were subjected to social influence from a co-witness. Children's free recall of the event was enhanced by the SAI. More precisely, children in the SAI-Structured condition reported more details about the event than children in the SAI-Open condition and the control condition, without a loss of accuracy. The SAI manipulation did not, however, reduce children's vulnerability to social influence. The results suggest that the use of a SAI might prove a simple and yet effective way of increasing the quality of statements from child witnesses in some situations.     

Old and very old adults as witnesses: event memory and metamemory

Older people constitute an important category of eyewitnesses. Episodic memory performance in older persons is poorer than in younger adults, but little research has been made on older persons’ metacognitive judgments. Since more persons of advanced age will likely be called upon as witnesses in coming years, it is critical to characterize this population’s metacognitive abilities. We compared event memory metacognition in old adults (66-year-old, n = 74) to very old adults (87 or 90 years old, n = 55). Participants were tested on their memory of a film, using questions with two answer alternatives and the confidence in their answer. As expected, the very old group had a lower accuracy rate than the old group (d = 0.59). The very old group, however, monitored this impairment, since their over-/underconfidence and calibration did not differ from the old group but they displayed a poorer ability to separate correct from incorrect answers (discrimination ability). Possibly, the very old group was able to monitor the level of their over-/underconfidence because they applied general self-knowledge about their memory skills. In contrast, the discrimination of correct from incorrect answers may be more dependent on ability to attend to the features of each retrieved memory.     

Age differences in eyewitness testimony

This study examined age differences in eyewitness testimony. Children, three and six years of age, and adults interacted with an unfamiliar man for 5 minutes. Four or five days later, the witnesses answered objective and suggestive questions, recalled what happened, and tried to identify the confederate from a target-present photo line-up. The adults and 6-year-olds did not differ in their ability to answer objective questions or identify the confederate, but 6-year-olds were more suggestible than adults and recalled less about the event. Compared to the older age groups, the 3-year-olds answered fewer objective questions correctly, recalled little about what happened, and identified the confederate less frequently. In addition, they were the most suggestible. The experiment extends our knowledge of children's ability to provide accurate eyewitness reports to a very young age group and to a situation in which participants are not merely bystander witnesses but instead directly interact with the confederate.     

Child witness research and forensic interviews of young children: A review

In this article, we provide an introduction to child eyewitness memory issues that are frequently discussed and debated, both within the research and practice communities. We review several of the central areas of research on child eyewitness memory and some of the most promising protocols aimed at standardizing and improving child forensic interviews. We focus primarily on memory in young children, because they pose particular challenges. Research on the use of props and external cues to prompt young children's memory is discussed. We also review research on professionals' knowledge and attitudes about children as witnesses. It is concluded that we must guard against overly negative or overly optimistic views of children's abilities.     

Validity in judgments of high‐ and low‐accurate witnesses of own and other ethnic groups

Purpose. Research has shown that people often have difficulties estimating eyewitness accuracy correctly. In most previous studies examining validity in credibility judgments, participants have assessed the accuracy of witnesses who have been homogeneous in their memory performance. This study investigated validity in judgments of witnesses who varied widely in memory. A further purpose was to examine whether judgmental validity was moderated by the witnesses' ethnic in‐group/out‐group status. Methods. Participants (N = 120) rated the reliability of videotaped testimonies of high‐ and low‐accurate in‐group (Swedish, N = 4) and out‐group (immigrants, N = 4) witnesses who were genuinely trying to recall a criminal event. Results. Participants assigned more reliability to high‐ than to low‐accurate in‐group witnesses, while out‐group witnesses received low reliability ratings regardless of their actual memory performance. Path analyses demonstrated that the subjective confidence of in‐group, but not of out‐group, witnesses predicted participants' accuracy judgments. Conclusions. The results indicate that the validity in judgments of in‐group witnesses can be better than has previously been implied. Investigators may have difficulty distinguishing high‐ and low‐accurate witnesses from other ethnic groups, and they may also systematically underestimate the reliability of ethnic out‐group witnesses. Implications for legal practices are discussed.