child witnesses
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2022 ◽  
pp. 107755952110672
Author(s):  
Hayden M. Henderson ◽  
Georgia M. Lundon ◽  
Thomas D. Lyon

Forensic interviewers are taught to pair yes–no questions with open-ended requests for recall in order to reduce the likelihood that they will be misled by false “yes” responses. However, yes–no questions may elicit false “no” responses. Questioning 112 6- to 11-year-old maltreated children about three innocuous events (outside activities, yesterday, last birthday), this study compared the productivity of paired yes–no questions about perceptions, conversations, and actions involving the hands and mouth (e.g., “Did you say anything?”) with wh-questions (e.g., “What did you say?”). The wh-questions presupposed that children had content to provide, but did not specify that content. Children were twice as likely to deny content and half as likely to provide novel information when interviewers asked them yes–no questions. Younger children were more inclined than older children to deny content and give unelaborated “yes” responses. The results support further research into the potential for suppositional wh-questions to increase child witnesses’ productivity.


2021 ◽  
Vol 2 (2) ◽  
pp. 137-150
Author(s):  
Mohamad Ismail Bin Mohamad Yunus ◽  
Nik Rahim Nik Wajis ◽  
Mualimin Mochammad Sahid ◽  
Nurliyana Shahira Baharli

Since issues of child abuse and other crimes against children have been brought to the public's attention through the media, this article considers to highlight one of the issues relating to the protection of child. The issue of the laws protecting child witnesses in giving evidence will come into the discussion. This paper considers the issue of corroboration of the child witness in the aspects of sworn and unsworn statements to determine whether the evidence given by children will be relevant and admissible in Courts. In tackling the issues, the research methodology applied by the authors is by analyzing and evaluating the decided cases and studying the substantive laws procedure in protecting child witnesses in giving testimony in Courts. The expectation findings of this paper are to harmonize between Malaysian and Islamic law relating to the protection of child witnesses in giving evidence in the court of law. After having observed the conflicts or the problems that had stem out of the current laws and procedures governing child witnesses as to the remedies, the final part of the article proposed some solutions and recommendations from the Islamic point of view.


2021 ◽  
Vol 2 (2) ◽  
pp. 173-180
Author(s):  
Stephanie Howard

Child witnesses of domestic violence policies and practices have been fraught with conceptual challenges that limit their implementation. Such limitations are evident in the case of Minnesota, which amended their definition of child neglect to include a child’s exposure to family violence, only to later repeal this amendment in response to pressure from child welfare administrators and domestic violence advocates (Edleson, Gassman-Pines, & Hill, 2006; Kantor & Little, 2003). The conceptual flaws are also evident in disparities across state statutes for definitions of child witnesses of domestic violence and the legal penalties it carries (Child Welfare Information Gateway, 2021). To enhance the integrity of child witnesses of domestic violence policies and practices, critical attention is needed to clarify and refine the central construct. Pursuant to this goal, this conceptual paper analyzes and synthesizes the history of child welfare. It demonstrates how child witnesses of domestic violence became a social and legal problem. The author traces the evolution of child welfare as a concept and provides new insights. The author also sheds light on the driving forces of child welfare policies and practices. The paper begins in the colonial ages, which gave roots to the contemporary child welfare system. The author describes the early development of child welfare leading to contemporary practice. The paper ends by making evidence-based recommendations for constructing child welfare policies that enhance the safety of children exposed to domestic violence using least restrictive interventions.


2021 ◽  
Author(s):  
◽  
Helen Pierce

<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>


2021 ◽  
Author(s):  
◽  
Helen Pierce

<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>


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sonja P. Brubacher ◽  
Martine B. Powell ◽  
Linda C. Steele ◽  
David Boud

Purpose Investigative interviewers assess their colleagues' interviews (‘peer review’) as a necessary part of their practice, and for their self-development. Yet, there is little guidance around what the process involves and how they might do it. Research suggests that effective peer review is supported by using guidance material. The goal of the present work was to describe the use of such a guide by a group of professionals who regularly conduct investigative interviews with children, to share what was learned with other professionals seeking to create a formalized peer review process. Design/methodology/approach Sixty US child witness interviewers completed a guided peer review assessment of an anonymous interview, as an assignment at the conclusion of an 18-hour training program that focused on developing their interviewing skills. They consented to the use of their learning data in research, and the research was approved by the university's research ethics board. Peer reviews were coded for the extent to which they used the guide to support their evaluations, and the overall quality of the review to assess the utility of the guide in supporting them to conduct effective assessments. Findings In general, the guide and instructions for providing feedback were moderately effective in supporting the peer assessments, but results suggested specific training in how to deliver peer review would be useful. Practical implications Through this process, the authors identified components that would be helpful to further increase the efficacy of peer review. Originality/value The aim of this work was to spark a greater conversation among practitioners and academics about professionalizing the peer review process and aiding interviewers to develop peer review tools that would support their continued growth. The authors conclude with five key tips for professionals that stem from the experiences creating and evaluating the guide in combination with existing literature and three areas for future investigation.


2021 ◽  
pp. 088626052199794
Author(s):  
Colleen Sullivan ◽  
Suzanne St. George ◽  
Stacia N. Stolzenberg ◽  
Shanna Williams ◽  
Thomas D. Lyon

In child sexual abuse cases, a central part of the child’s testimony is their description of the abuse episode. However, it is often difficult for children to describe the body mechanics of abuse, and miscommunications are likely to occur. In the present study, we examined questions about the mechanics of abuse in trial transcripts ( N = 63) to identify sources of miscommunication ( N = 130) between attorneys and children (5–12 years old, M age at trial = 9.44, SD = 1.97). We found that both attorneys and children used imprecise language, which led to miscommunication. Specifically, the imprecise use of sexual terminology and the word “touch,” polarity items, broad open-ended questions, anaphora and elliptical questions, and “how” questions led to imprecision in attorneys’ questions. Imprecise attorney questions often elicited underinformative answers from children, including misinterpretations of the grain size (i.e., level of detail) requested. In response to these underinformative answers, attorneys at times asked highly focused and leading questions, which led to further miscommunications. Implications and recommendations for future research on how best to elicit details about the mechanics of abuse from children are discussed.


2021 ◽  
Vol 19 (1) ◽  
pp. 40-56
Author(s):  
Satrio Hadi ◽  
Dina Sukardi

The focus of research is on the strength of evidence for child witness testimony in criminal acts of sexual intercourse and the basis for judges' consideration in using child witness evidence in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The objectives to be achieved are to analyze the strength of the evidence for child witnesses in the criminal act of sexual intercourse and to analyze the basis for judges' consideration in using evidence for child witnesses in Decision Number: 17 / Pid.Sus.Anak / 2014 / PN.TJK. The research method uses a normative and empirical approach. Based on the results of the research, it is known that the strength of evidence of child witness testimony in the crime of sexual intercourse in accordance with Decision Number: 17 / Pid.Sus.A child / 2014 / PN.TJK only acts as a guide or additional valid evidence and information that can strengthen the judge's conviction. to further prove the guilt of the accused, and can be used to prove the indictment of the Public Prosecutor. The victim witness was not sworn in because he was not yet 15 (fifteen) years old.


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