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.     

The problem of interviewing drug addicts in custody: A study of interrogative suggestibility and compliance

Abstract

The interrogation of drug addicts in custody presents a problem. The reliability of confessions made either under the influence of drugs or during drug withdrawal may be adversely affected. This study explores the effect of drug use and drug withdrawal on interrogative suggestibility and compliance. These two psychological factors are relevant to erroneous testimony. The interrogative suggestibility and compliance of heroin addicts on an inpatient drug unit were measured on opiates, whilst withdrawing from opiates and drug free. The interrogative suggestibility and compliance of the group of subjects as a whole did not differ significantly in these three conditions. However the results did suggest that a subgroup of vulnerable individuals may have been more suggestible when under the influence of opiates. Further work is needed to clarify these results and to aid professionals assessing fitness for interview and cases of retracted confessions.     

Theory and practice in interviewing young children: A study of Norwegian police interviews 1985–2002

Abstract

Has the increased public and professional awareness of the challenges of interviewing children in forensic contexts led to changes and improvements in police interviewing practices? A representative sample (n=91) of police interviews conducted during the period of 1985–2002 from a large Norwegian police district was analysed. The results indicated that interviewer strategies have improved; there was a decrease in the use of suggestive, yes/no and option-posing questions and this decrease was accompanied by a comparable increase in the use of cued recall questions. The frequency of open-ended invitations was low and did not change much over time. Factors that might have led to the observed changes are briefly discussed.     

When Does Quality Count?: Perceptions of Hearsay Testimony About Child Sexual Abuse Interviews

This study assessed how the quality of a sexual abuse investigative interview with a child and the age of the child influence jurors reactions to either the original interview with the child or to testimony by an adult hearsay witness (the interviewer). Participants (N = 360) were randomly assigned to 1 of 12 conditions in a 2 (type of testimony:hearsay testimony vs. child interview) × (interview quality: poor, typical, or good) × (age of the child: 4 years old vs. 10 years old) factorial design. Participants reached individual verdicts, answered a series of questions, and then deliberated in a group with five other participants. As predicted, jurors in the child interview conditions were more likely to find the defendant guilty if they read the good interview than if they read either the poor or the typical interview, but in the hearsay conditions verdicts did not significantly differ by interview quality. These findings suggest that there is a significant loss of information when the testimony of a hearsay witness is used in place of the actual interview with the child, and call into question the appropriateness of admitting hearsay testimony by interviewers.     

证人拒证行为的刑事立法及对策探讨

作者为拒证行为的刑事立法提供了参考的依据,并在此基础上,探析了拒证罪应具备的四个犯罪构成要件。     

The relationship between intelligence,memory and interrogative suggestibility in young offenders

Abstract

The study investigated the relationship between interrogative suggestibility and relevant cognitive factors as proposed by Gudjonsson and Clark (1986). The subjects were fifty-eight adolescent young offenders resident in a national children's centre with secure facilities. All were administered the Gudjonsson Suggestibility Scale and the Wechsler Intelligence Scale for Children. Interrogative suggestibility correlated negatively with intelligence and recall memory. Limited evidence of range effects was found for the relationship between intelligence and suggestibility, but not for the relationship between recall memory and suggestibility.     

Mental reinstatement of context with child witnesses: does it matter whether context is reinstated ‘out loud’?

Abstract

In this study we examined the impact of two types of mental reinstatement of context instructions in facilitating children's recall of a staged event across two stages of development. Specifically, a 2 × 3 factorial design was utilised incorporating two age groups (6- and 12-year-olds) and three interview conditions (standard recall, mental reinstatement where the child was instructed to reinstate the context ‘out loud’, and mental reinstatement without the explicit ‘out loud’ instruction). Overall, mental reinstatement instruction led to more correct and fewer incorrect responses than the standard recall instruction. The effect of mental reinstatement was similar across the age groups and irrespective of whether the child was asked to reinstate ‘out loud’. Beneficial effects of the technique, however, were only evident for cued-recall questions as opposed to free-narrative responses. The implications of these findings and directions for future research are discussed.     

A systematic review on the relationship between self-esteem and interrogative suggestibility

Some factors, such as age, learning disability and mental health difficulties, have been identified as making police suspects more vulnerable to suggestibility and false confessions during interview. However, there has been no systematic review on the association between self-esteem and suggestibility. Seven electronic bibliographic databases and reference lists of previous literature reviews of suggestibility in children were searched. Selected studies were quality assessed using pre-defined criteria before data were extracted. Electronic searches yielded 1914 hits. Of these, 685 duplicates, 1181 irrelevant references and 39 references that did not meet the inclusion criteria were removed. Nine publications were included in the review. Significant correlations between self-esteem and suggestibility, most notably on the Yield 1 subscale of the GSS, were found but four of the nine studies found no significant correlation. The prevalent use of self-report measures and lack of clarity in defining self-esteem limit the validity of those studies.     

Juvenile Sex Offenders: Differences between Group and Solo Offenders

We report on findings from a study into differences in personality and background characteristics between juvenile sex offenders who commit their sex offenses on their own and those who do so in a group. Solo offenders were found to score significantly higher on neuroticism, impulsivity and sensation seeking, but scored lower on sociability. In addition, the solo offenders in the sample were more often recidivists for sexual offenses, and were more often themselves a victim of a sexual offense. Solo offenders were significantly older than juveniles who had committed a sexual offense with a group. On the basis of these results we recommend differential treatment for the two types of offenders.     

Taking Responsibility for an Act Not Committed: The Influence of Age and Suggestibility

Inherent in false confessions is a person taking responsibility for an act he or she did not commit. The risk of taking such responsibility may be elevated in juveniles. To study possible factors that influence individuals' likelihood for taking responsibility for something they did not do, participants in a laboratory experiment were led to believe they crashed a computer when in fact they had not. Participants from 3 age groups were tested: 12- and 13-year-olds, 15- and 16-year-olds, and young adults. Half of the participants in each age group were presented with false evidence indicating liability. Additionally, suggestibility was investigated as a potential individual-difference factor affecting vulnerability to admissions of guilt. Results showed that younger and more suggestible participants were more likely than older and less suggestible participants to falsely take responsibility. Implications of these findings for juvenile justice are discussed.     

Changing perspectives in cognitive interviewing

A study is presented which investigated aspects of a specialist method for taking evidence from witnesses known as ‘Cognitive Interviewing’. Specifically, the study sought to evaluate four techniques used in this form of interviewing, namely the Report All, Reinstate Context, Change Order, and the Change Perspectives mnemonics. The findings suggest that while none of these mnemonics significantly increased inaccuracy, all but the Change Perspectives mnemonic facilitated recall of accurate information. The findings are discussed in terms of the applied functional utility of each of the mnemonics and the Cognitive Interview procedure in general.     

证人证言适格问题研究

出庭证人转述他人感知事实的陈述,新的证据规则排除其证据资格值得商榷;准许证人提交书面证言的情形并不是书面证言适格的要件,而是免除证人出庭义务的条件,不具备法定不出庭条件而提交的书面证言应当接受为证据;书面证言不是适格的证人证言,但却是适格的书证;出具书面证言并不免除其出庭义务。