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When lawyers question children
Authors:Nancy W. Perry  Bradley D. McAuliff  Paulette Tam  Linda Claycomb  Colleen Dostal  Cameron Flanagan
Affiliation:1. Department of Psychology, Creighton University, 2500 California Plaza, 68178, Omaha, NE
Abstract: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.
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