An evaluation of the question types used by criminal justice professionals with complainants in child sexual assault trials

The way that complainants of child sexual assault are questioned about their experiences can profoundly influence the accuracy, credibility, and consistency of their evidence. This is the case for all people, but especially children whose language, social, and cognitive capacity is still developing. In this study, we examined the questions used by a representative sample of Australian prosecutors, defense lawyers, and judges/magistrates to determine if this is an area that warrants improvement. Our focus was the type of questions used by the different professionals and how (if at all) these varied across complainant age groups (children, adolescents, and adults, total N = 63). Our findings revealed that each complainant group was questioned in a manner known to heighten misunderstanding and error (e.g., complex and leading questions were used frequently by all professional groups). There was also little indication of question adaption according to age (e.g., prosecutors asked children more complex questions than they asked adults). When the results are considered in the context of the broader literature on the impact of different question styles, they suggest that professional development in questioning would improve the quality of trial advocacy and judicial rulings.

Are all complainants of sexual assault vulnerable? Views of Australian criminal justice professionals on the evidence-sharing process

Cases of historic child assault typically rely on the complainant's narrative due to lack of corroborating evidence. Although it is important that complainants give their best evidence, concern has been expressed that evidence-sharing procedures are suboptimal. This study explored criminal justice professionals’ perspectives on the utility of introducing reforms to the evidence-sharing process. We interviewed judges, prosecutors, defence counsel and witness assistance officers ( N = 43) on the utility of regulating the questioning of complainants and of using video-recorded interviews as evidence-in-chief. Many professionals perceived that adult complainants of child assault were vulnerable and supported reforms to evidence-sharing. Primary objections to these reforms were the belief that all adult complainants should share evidence in the same way and the poor quality of investigative interviews. This study illuminates potential barriers to the implementation of reforms which would change how adult complainants of child assault give evidence.

Technology facilitated re-victimization: How video evidence of sexual violence contributes to mediated cycles of abuse

With the ubiquity of technological devices producing video and audio recordings, violent crimes are increasingly captured digitally and used as evidence in the criminal justice process. This paper presents the results of a qualitative study involving Canadian criminal justice professionals, and asks questions surrounding the treatment of video evidence and the rights of victims captured within such images. We argue that loss of control over personal images and narratives can re-traumatize survivors of sexual violence, creating technologically-facilitated cycles of abuse that are perpetuated each time images are viewed. We find that the justice system has little to no consistent policy or procedure for handling video evidence, or for ameliorating the impact of these digital records on survivors. Subsequently, we assert that the need for a victim-centred evidence-based understanding of mediated evidence has never been greater.

What Hinders Victims from Reporting Sexual Violence: A Qualitative Study with Police Officers, Prosecutors, and Judges in Hungary

While rape historically remains underreported all over the globe, and criminal justice factors contribute to this problem, we investigate unique circumstances that might influence reporting inclinations by Hungarian victims of sexual violence. Among other possible factors, victim-blaming, institutional desensitization, and a lack of trust in the criminal justice system and in the community are discussed. The in-depth interviews (n = 22) with law enforcement and criminal justice professionals conducted in 2018 in Hungary reveal roots of underreporting in the complexities of the criminal justice system: there is a failure to prioritize victims’ needs—mental care services, physical and privacy protection—and a focus instead on solely providing legal justice. The further deficits that can be found among professionals’ attitudes and behaviors in the courtroom are products of the following: a lack of standardized protocols in addressing the needs of victims; a dearth of technical and evidence-based knowledge and training; a lack of supervision and trauma-informed services to practitioners; high caseloads; a focus on the goal of high conviction rates; not providing open communication toward victims; and a shortage of standardized protocols in dealing with victims.

Prevalence of Stalking Among Justice Professionals in Portugal

Despite the growing interest from researchers’ in recent years, stalking is a phenomenon of difficult operationalization within the scientific community. Examining the phenomenon in criminal justice professionals has become relevant since the work context is considered a fertile environment for the presence of stalking, despite underreported. This study aims specifically to know the prevalence, nature, dynamics, impact, and help-seeking behaviors (and its perceived effectiveness) of stalking victimization by criminal justice professionals stalked in Portugal. We were also interested in the professionals’ perceptions of why they were stalked. The data were collected through a web-based survey, after the approval of the ethic committee. The sample was composed of 270 criminal justice professionals, mostly men (59.3%), with a mean age of 42.70 ( SD = 9.07) years. The results showed that 24.8% reported having been stalked at least once in their lifetime. Stalking prevalence was higher in women compared to men. Concerning the profession, the highest prevalence was verified in the group of professionals composed of lawyers, jurists, court officials, and auditors, followed by the group of magistrates, and finally the judges and the criminal police. More diversity of stalking behaviors experienced was associated with a higher frequency of those behaviors. Psychological health (70.7%) and lifestyle/behavioral changes (62.1%) were the most reported areas of impact. Being stalked in a private context (e.g., intimate relationships), for a longer period and feeling a higher level of fear as a result of the stalking campaign were associated with more impact. Most of the victims (74.6%) revealed having sought help to cope with the stalking experience, with women seeking more help than men (88.6% vs. 59.4%). For bringing evidence that criminal justice professionals are at risk of being stalked, these findings can contribute to the adoption of policies and strategies to prevent stalking victimization among this population.

Addressing Official Misconduct

Currently, the National Registry of Exonerations (NRE) states that official misconduct has been a contributing factor in 1,404 of 2,601 exonerations. The term “official” includes criminal justice professionals such as prosecutors, judicial officials, and law enforcement. Analyzing official misconduct and inadequate legal defense cases in the NRE, the goal of this article is to identify (1) officials who commit misconduct in murder exonerations, (2) types of misconduct conducted, and (3) impact on race of the exoneree. The findings of the study indicated that police and prosecutors committed more acts of misconduct than the number of exonerees included in the study. Additionally, African American exonerees were found to be disproportionately victimized by official misconduct. Policy implications and future research provide insight on how the findings reinforce calls for social justice and police accountability in wake of the killing of George Floyd and the shooting of Jacob Blake.

Domestic violence and social norms in Norway and Brazil: A preliminary, qualitative study of attitudes and practices of health workers and criminal justice professionals

Background Gender-based domestic violence has gained significant visibility in recent years and is currently considered a priority in the field of public health. This preliminary, qualitative study explores how social norms and professional regulations impact the attitudes and practices of health workers and criminal justice professionals regarding domestic violence against women in Brazil and Norway. Methods A total of 16 semi-structured, in-depth interviews were conducted; eight in two different cities in Brazil, and eight in two different cities in Norway. In each country, four health workers and four criminal justice professionals were interviewed. We focused on the participants’ experiences with cases of domestic violence, their perceptions of their professional responsibilities, as well as the challenges they encounter. We analysed the transcribed interviews using a focused open coding process. Findings The participants ranged in age from 32 to 59. All of them worked, with and without supervision, in cases involving domestic violence victims. In all four study locations, the professionals felt that they had not received enough training in how to handle domestic violence. Some medical doctors reported becoming personally detached over time, especially when the victims did not admit that their injuries were due to domestic violence. In the Brazilian cities, some professionals reported that women who were beaten by their partners were themselves responsible for the situation. This was not the case in the Norwegian cities. Both countries have laws and regulations that have been put in place to guide professionals who provide services to victims of domestic violence. For many reasons, professionals do not always follow these regulations. For the Norwegian health workers, confidentiality was an important factor explaining why they did not always report suspected domestic violence to the police. For the Brazilian health workers, the fear of having to testify in court, and thus potentially being vulnerable to violence themselves, was a factor that made some not want to involve the justice system. In both countries, the participating professionals reported the need for closer collaboration with social workers and mental health specialists, since domestic violence is closely related to both social norms in the communities and to individual psychological factors. Conclusion Individual characteristics and experiences, the emphasis on confidentiality and the fear of repercussions may affect the way health and criminal justice workers perceive and deal with domestic violence cases. The findings in the study thus indicate that personal psychological factors and social norms concerning the acceptability of domestic violence are critical risk factors for women, and that a multi-professional approach is needed. The findings from this preliminary study can serve as background for larger and more comprehensive studies of how professionals handle cases of domestic violence.

Behavioral nudges reduce failure to appear for court

Each year, millions of Americans fail to appear in court for low-level offenses, and warrants are then issued for their arrest. In two field studies in New York City, we make critical information salient by redesigning the summons form and providing text message reminders. These interventions reduce failures to appear by 13 to 21% and lead to 30,000 fewer arrest warrants over a 3-year period. In laboratory experiments, we find that whereas criminal justice professionals see failures to appear as relatively unintentional, laypeople believe they are more intentional. These lay beliefs reduce support for policies that make court information salient and increase support for punishment. Our findings suggest that criminal justice policies can be made more effective and humane by anticipating human error in unintentional offenses.