Facility Dogs in the Courtroom: Comfort Without Prejudice?

2019 ◽  
Vol 44 (4) ◽  
pp. 515-536
Author(s):  
Kayla A. Burd ◽  
Dawn E. McQuiston
Keyword(s):  
Due Process ◽  
Child Witnesses ◽  
Child Witness ◽  
Mock Jurors ◽  
Teddy Bear ◽  
Mock Trial ◽  
Legal Arguments ◽  
The Impact

Courthouse facility dogs are expertly trained canines that assist individuals with psychological, emotional, or physical difficulties in a myriad of courtroom situations. While these animals are increasingly used to assist young witnesses in court, it is not yet known whether they are prejudicial to defendants or the witnesses they accompany during trial. Across two studies utilizing mock trial paradigms involving child witnesses, we explored the impact of courtroom accommodations (facility dog vs. teddy bear vs. no accommodation) on mock jurors’ judgments about the defendant and child witness. In Experiment 1, teddy bears, but not facility dogs, were prejudicial to defendants, while in Experiment 2, neither facility dogs nor teddy bears were prejudicial. Further, mock jurors’ perceptions of the child witness were not influenced by courtroom accommodations. Evidence from both studies suggests that, contrary to various legal arguments concerning due process, facility dogs may not influence verdict, verdict confidence, or sentencing.

scholarly journals Perception versus reality: Investigating the impact of talkativeness on children’s credibility and reliability

2021 ◽  
Author(s):  
◽  
Helen Pierce
Keyword(s):  
Child Witnesses ◽  
Older Children ◽  
Mock Jurors ◽  
Juror Perceptions ◽  
Amount Of Information ◽  
The Impact ◽  
Child Age

<p>Does how much children say predict how credible they are as a witness? Children’s talkativeness can be easily observed by jurors, but we know very little about how it affects judgements of children’s credibility. The present research investigates the effect of talkativeness on juror perceptions and children’s actual testimony. In Study 1 participants rated six transcripts from low/high talkative 5-, 8-, or 12-year old children. Results showed that mock jurors rated high-talkative children more favourably than low-talkative children and older children were rated more favourably than younger children. In Study 2 we analysed transcripts of memory interviews from 5-, 8-, and 12-year-old children. Talkativeness was not associated with accuracy, but child age was. Talkativeness and child age were both associated with the amount of information recalled. This research shows that talkativeness of child witnesses not only influences juror perceptions but also is an indication of the amount of information that children recall in a memory interview. It is not just what a child says, but also how they say it that matters.</p>

scholarly journals Perception versus reality: Investigating the impact of talkativeness on children’s credibility and reliability

2021 ◽  
Author(s):  
◽  
Helen Pierce
Keyword(s):  
Child Witnesses ◽  
Older Children ◽  
Mock Jurors ◽  
Juror Perceptions ◽  
Amount Of Information ◽  
The Impact ◽  
Child Age

<p>Does how much children say predict how credible they are as a witness? Children’s talkativeness can be easily observed by jurors, but we know very little about how it affects judgements of children’s credibility. The present research investigates the effect of talkativeness on juror perceptions and children’s actual testimony. In Study 1 participants rated six transcripts from low/high talkative 5-, 8-, or 12-year old children. Results showed that mock jurors rated high-talkative children more favourably than low-talkative children and older children were rated more favourably than younger children. In Study 2 we analysed transcripts of memory interviews from 5-, 8-, and 12-year-old children. Talkativeness was not associated with accuracy, but child age was. Talkativeness and child age were both associated with the amount of information recalled. This research shows that talkativeness of child witnesses not only influences juror perceptions but also is an indication of the amount of information that children recall in a memory interview. It is not just what a child says, but also how they say it that matters.</p>

‘[Expletive], that was confusing, wasn’t it?’ Defence lawyers’ and intermediaries’ assessment of the language used to question a child witness

2018 ◽  
Vol 22 (4) ◽  
pp. 411-427 ◽  
Author(s):  
Kirsten Hanna ◽  
Emily Henderson
Keyword(s):  
Developmentally Appropriate ◽  
Child Witnesses ◽  
Child Witness ◽  
Legal Professionals ◽  
Language Problems ◽  
Trial Transcript ◽  
Common Understanding

While language specialists and legal professionals have voiced concerns about the language used to question child witnesses in the Aotearoa/NZ courts, it is unclear whether both groups share a common understanding of what those language problems are. This study compares five Aotearoa/NZ defence lawyers’ and two England/Wales intermediaries’ perceptions of the developmental (in)appropriateness of the language used to question an 11-year-old witness, based on their assessment of the witness’ anonymised trial transcript. The comparison showed that both groups agreed on the categories of language features that might confuse children, however, intermediaries identified many more instances of problematic language within those categories than lawyers. Training on developmentally appropriate language and pre-trial preparation of questions would certainly help lawyers improve the comprehensibility of their questions. However, the implementation of a full intermediary scheme, such as that in England/Wales, probably offers the best prospects for a sustained sea change in questioning practices.

Supporting Children Who Experience Domestic Violence: Evaluating the Child Witness to Domestic Violence Program

2021 ◽  
pp. 088626052110358
Author(s):  
Erin C. Schubert
Keyword(s):  
Domestic Violence ◽  
Intervention Group ◽  
Well Being ◽  
The United States ◽  
Control Group ◽  
Child Witness ◽  
Negative Consequences ◽  
Emotional Symptoms ◽  
Child Gender ◽  
The Impact

Impacting 1 in 4 children in the United States, childhood exposure to domestic violence predicts myriad negative sequelae. Intervening post exposure is critical to help children and their protective parent heal and avoid long-term negative consequences. Children aged 2-17 and their mothers who were victims of domestic violence participated in a 12-week group program delivered by domestic violence agency staff that provides psychoeducation on the impact of trauma and domestic violence and aims to improve parent and child well-being. The impact of the Child Witness to Domestic Violence (CWDV) program was tested in an intervention group ( n = 69 children, 33 mothers) who participated in CWDV and control group ( n = 80 children, 39 mothers) consisting of children whose mothers received adult-focused domestic violence services but were not enrolled in CWDV or other child-focused services. Multiple regression analyses controlling for child gender, child age, mother’s age, and the outcome of interest at time 1 found that participation in CWDV program significantly predicted better child functioning as indicated by less hyperactivity ( B = –.85, p = .06), fewer negative emotional symptoms ( B = –1.14, p = .01), and fewer total behavioral difficulties ( B = –2.48, p = .02) as well as higher maternal hope ( B = .57, p = .03). These data provide promising evidence of the impact of a brief, replicable group intervention that promotes healing and well-being among children and parents exposed to domestic violence. Limitations include a quasi-experimental design and reliance on maternal report.

Proceduralism and Automation

2020 ◽  
pp. 275-298 ◽  
Author(s):  
Carol Harlow ◽  
Richard Rawlings
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Judicial Review ◽  
Due Process ◽  
Case Law ◽  
Administrative Law ◽  
Paradigm Change ◽  
Technological Revolution ◽  
Administrative Procedure ◽  
The Impact

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

Couples and Family Interventions for Intimate Partner Aggression: A Comprehensive Review

Partner Abuse ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 292-317 ◽  
Author(s):  
Victoria E. Bennett ◽  
Donald A. Godfrey ◽  
Alexandra L. Snead ◽  
Caitlin M. Kehoe ◽  
Adriana Bastardas-Albero ◽  
...  
Keyword(s):  
Couples Therapy ◽  
Prevention Programs ◽  
Intimate Partner ◽  
Child Witnesses ◽  
Childhood Development ◽  
Partner Aggression ◽  
Therapeutic Needs ◽  
The Impact ◽  
Intimate Partner Aggression ◽  
Male To Female

Intimate partner aggression (IPA) is a widespread social health problem that impacts not only the couple but the family unit as a whole. The vast majority of interventions have focused on male-to-female violence that consists of dominance and controlling tactics and neglect the therapeutic needs of the couple and their children. Thus, the first goal of this review to discuss the situations in which couples therapy is ethical as well as review the small, but growing literature on the efficacy of couples intervention. The second goal is to review the impact that exposure to IPA has on childhood development and examine the existing intervention and prevention programs for child witnesses. Based on our review, the research suggests that couples interventions are ethical for couples experiencing low-level physical aggression and that these treatments are equally effective as standard treatments for IPA in reducing violence and recidivism. Our review also concludes that individuals who witness IPA between their parents during childhood often exhibit interpersonal and intrapersonal difficulties in adulthood related to this exposure. The existing intervention and prevention programs for child witnesses appear promising.

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