The effects of question type on self‐contradictions by children in the course of forensic interviews

Twenty‐four forensic interviews of seven alleged victims of child sexual abuse were examined to elucidate the circumstances in which the children contradicted forensically relevant details they had provided earlier. Suggestive questions by the interviewers elicited a disproportionate number of contradictions, whereas open‐ended invitations never elicited contradictions. Because contradictions necessarily imply that details were stated inaccurately at least once, these close analyses of forensic interviews demonstrate that, as in analogue contexts, open‐ended prompts yield more accurate information than do focused questions, particularly option‐posing and suggestive prompts. Published in 2001 by John Wiley & Sons, Ltd.     

Does the type of prompt affect the accuracy of information provided by alleged victims of abuse in forensic interviews?

Forty‐three victims of sexual abuse averaging 9.78 years of age and 52 youths who admitted abusing them were interviewed about the abusive incidents. Forensically relevant details provided by the victims were categorised as confirmed, contradicted or ignored by the perpetrators. Most (66.6%) of the details were ignored, but details were more likely to be confirmed when they were elicited using invitations (open‐ended free‐recall prompts) rather than focused prompts. However, similar effects were not evident with respect to contradictions. The results support predictions that information elicited using free‐recall prompts is more likely to be accurate than information elicited using focused prompts. Published in 2007 by John Wiley & Sons, Ltd.     

Risk assessment in sentencing and plea bargaining: The roles of prosecutors and defense attorneys

Research on risk assessment in sentencing has focused heavily on the role of judges. Ignoring the role of other courtroom actors in the sentencing process, however, leaves unexamined the potentially significant effects on judicial decision making of arguments made by prosecutors and defense attorneys at sentencing hearings. Unduly focusing on judges also overlooks the vast majority of sentences arrived at through negotiated guilty pleas. We explored the extent to which considerations of risk are made among prosecutors and defense attorneys when advocating for given sentences in open court or during plea negotiations. We surveyed all prosecutors and defense attorneys in 14 judicial circuits in Virginia and found that most prosecutors and defense attorneys at least “sometimes” explicitly invoked actuarial risk estimates both at sentencing hearings and during plea negotiations. However, defense attorneys were much more likely than prosecutors to be averse to the use of risk assessment in either form of case disposition.     

The Productivity of Wh‐ Prompts when Children Testify

Wh‐ prompts (what, how, why, who, when, and where) vary widely in their specificity and accuracy, but differences among them have largely been ignored in research examining the productivity of different question types in child testimony. We examined 120 six‐ to 12‐year‐olds' criminal court testimony in child sexual abuse cases to compare the productivity of various wh‐ prompts. We distinguished among wh‐ prompts, most notably the following: what/how‐happen prompts focusing generally on events, what/how‐dynamic prompts focusing on actions or unfolding processes/events, what/how‐causality prompts focusing on causes and reasons, and what/how‐static prompts focusing on non‐action contextual information regarding location, objects, and time. Consistent with predictions, what/how‐happen prompts were the most productive, and both what/how‐dynamic prompts and wh‐ prompts about causality were more productive than other wh‐ prompts. Prosecutors asked proportionally more what/how‐dynamic prompts and fewer what/how‐static prompts than defense attorneys. Future research and interviewer training may benefit from finer discrimination among wh‐ prompts. Copyright © 2016 John Wiley & Sons, Ltd.     

Language and Implicit Attributions in the Nuremberg Trials Analyzing Prosecutors’and Defense Attorneys’Closing Speeches

The attributional implications of prosecutors’and defense attorneys’language strategies were investigated, using the protocols of the historical Nuremberg trials. Statements from both perspectives about four German Nazi generals were coded at the sentence level with regard to three aspects: the reference of the sentence subject to the defendant (specific vs. diffuse), the linguistic category of the sentence predicate (action verbs, state verbs, adjectives), and the evaluative tone of the utterance (negative, neutral, positive). Distinct language patterns were demonstrated for the opposing parties, reflecting theoretical predictions about the attributional implications of specific linguistic tools. Apart from the fact that the same defendant's behavior was described in more positive terms by defense attorneys than prosecutors, the two sides used a number of less obtrusive, more subtle strategies. In particular, defense attorneys tended to raise positive defendant attributes to a higher level of linguistic abstractness, avoided direct person references for negative statements, and projected unavoidable negative statements onto the prosecution. In contrast, prosecutors produced the highest rate of action verbs, which implicitly suggest internal attributions of responsibility. In addition to direct negative references to the individual defendant, they also used global references to the defendant's Nazi in-group to convey the inherently negative meaning of the defendant's behavior. In general, these findings mirror previous results on the role of language in interpersonal and intergroup settings.     

Effects of Eyewitness Evidence on Plea-Bargain Decisions by Prosecutors and Defense Attorneys1

The present experiment tested the relative impact of two types of eyewitness evidence (identification and non identification) on plea-bargain decisions by prosecutors and defense attorneys. A hypothetical case involving a robbery was mailed to three prosecutors and three defense attorneys in each of 47 states. The subjects were randomly assigned to receive a case in which an eyewitness claimed: (a) the defendant was the criminal (identification), (b) the defendant was not the criminal (non identification), or (c) it was not possible to tell whether the defendant was the criminal (control). Similar to findings with jurors, both prosecutors and defense attorneys underutilized the non identification information in making their plea-bargain decisions. In the case of the prosecutors, there was evidence that the underutilization of eyewitness non identification was at least partially mediated by the prosecutors' predictions of juror reaction to the evidence.     

The prevalence of declarative and indirect yes/no Questions when children testify in criminal cases of child sexual abuse in the United States

The present study assessed how attorneys questioned children in cases of child sexual abuse in the United States tried between 2005 and 2015. Trial testimonies (N = 134) of 5- to 17-year-olds (M = 12 years old) were coded for the linguistic form of attorneys' questions and children's subsequent responses. Three fourths of all questions were closed ended. Both declarative (statement question; e.g., “And he hit you?”; 21% of questions) and indirect yes/no questions (beginning with an indirect speech act; e.g., “Do you remember X?”; 11% of questions) were common, and produced potentially problematic responses, in comparison with forced-choice and yes/no questions. Declarative questions elicited the highest rates of unelaborative responses whereas indirect yes/no questions elicited the highest rate of nonsubstantive responses. The findings highlight the importance for researchers to better assess children's responses to declarative questions and for prosecuting attorneys to cautiously use declarative and indirect yes/no questions when questioning children.     

Perspectives on the role of the eyewitness expert

Extensive controversy over the appropriate application of expert knowledge regarding issues of eyewitness accuracy led to a conference and a special issue of taw and Human Behavior in 1986. Arguments were presented both in support of and against the eyewitness researcher as expert testifier. The current research explored the views of the general public (N = 50), defense attorneys (N = 14), and prosecutors (N = 10) with regard to the use of eyewitness expertise in each of four roles (court-appointed expert, consultant, researcher, expert tesdfier for the defense). Extensive differences of opinion were found across both samples and expert roles. In general, prosecutors held significantly more negative views of the usefulness of expert witnesses for the defense than did the public or defense attorneys. The role of court-appointed expert was viewed positively by all three groups and may present a useful alternative to the battles of experts that may result from current practices.     

Children's Uncertain Responses when Testifying about Alleged Sexual Abuse in Scottish Courts

This study examined the uncertain responses of 56 alleged sexual abuse victims, aged 5–17 years, testifying in Scottish criminal court trials. Don't know/remember ground rules were explained to 38% of the children and each child reported uncertainty in response to 15% of the questions on average. Uncertain responding was associated with expressions of resistance and confusion, questioning context (proportionally more regarding substantive than non‐substantive issues), question content (least to disclosure‐focused questions), utterance type (more to directives, particularly those posed by defense lawyers; more to recall‐based than recognition prompts), and age (children in mid‐adolescence were less likely to respond uncertainly than those who were either older or younger). There were no associations between expressions of uncertainty and ground rule administration, or with whether or not the question focused on central rather than peripheral details about the alleged crimes. Findings highlight concerns surrounding preparatory procedures to help witnesses, especially adolescents, indicate uncertainty when testifying. Copyright © 2017 John Wiley & Sons, Ltd.     

The effects of rapport‐building style on children's reports of a staged event

Three‐ to nine‐year‐old children (n=144) interacted with a photographer and were interviewed about the event either a week or a month later. The informativeness and accuracy of information provided following either open‐ended or direct rapport building were compared. Children in the open‐ended rapport‐building condition provided more accurate reports than children in the direct rapport‐building condition after both short and long delays. Open‐ended rapport‐building led the three‐ to four‐year‐olds to report more errors in response to the first recall question about the event, but they went on to provide more accurate reports in the rest of the interview than counterparts in the direct rapport‐building condition. These results suggest that forensic interviewers should attempt to establish rapport with children using an open‐ended style. Published in 2004 by John Wiley & Sons, Ltd.     

Decision‐making in civil litigation: Effects of attorney credibility,evidence strength,and juror cognitive processing

The current study examined the relationship between juror cognitive processing (measured by need for cognition [NFC]), attorney credibility, evidence strength, and civil litigation verdicts (liability, likelihood of causation, and compensatory damages). Participants (N = 446) viewed a videotaped mock civil trial in which the credibility of the attorneys and the strength of the plaintiff's evidence were manipulated. Plaintiff attorney credibility, defense attorney credibility, and strength of evidence interacted with one another for liability verdicts. In the strong evidence condition, the likelihood of a liable verdict was higher for a credible plaintiff attorney than a non‐credible plaintiff attorney when facing a non‐credible defense attorney. In the ambiguous evidence condition, the likelihood of a liable verdict was higher for a credible plaintiff attorney than a non‐credible plaintiff attorney when facing a credible defense attorney. Plaintiff attorney credibility, however, was found to be more influential on jurors’ decision‐making than case evidence for likelihood of causation and compensatory damage award decisions. Participants’ NFC also interacted with plaintiff attorney credibility. High NFC jurors were more influenced by a credible plaintiff attorney than low NFC jurors. Although these findings are counter to common findings in the NFC literature, they conform to a body of literature that supports the notion that jurors view attorney credibility as a piece of case evidence and not a peripheral cue as is often assumed. Thus, the findings indicate that attorneys do matter to the outcomes of cases. Policy and practice implications for attorneys and the courts are discussed.     

Shame and guilt as behaviour regulators: Relationships with bullying,victimization and prosocial behaviour

This study aimed at investigating intentional and non‐intentional situations eliciting shame and guilt in relation to children's involvement in bullying, victimization and prosocial behaviour. We used the contextual model designed by Olthof, Schouten, Kuiper, Stegge, and Jennekens‐Schinkel (2000) according to which certain situations elicit more shame than guilt (‘shame‐only’, SO), whereas others elicit both guilt and shame (‘shame‐and‐guilt’, SAG). Besides these, four new scenarios were added (2 SO and 2 SAG) in which the protagonist was alternatively the perpetrator or the receiver of harm. Participants were 121 children aged 9–11, who filled in the self‐report Shame and Guilt Questionnaire, and a peer nomination survey to investigate the roles of bully, victim, prosocial and not involved. Results showed that in SAG situations, perpetrated‐harm situations elicited more guilt than neutral situations; while in SO situations, neutral situations elicited more shame than received‐harm situations. In SAG situations, prosocial children reported feeling more ashamed and guilty than bullies and not‐involved children, while in SO situations, victims scored higher on shame than not‐involved children. Results are discussed considering the contextual model employed and the relationship between emotions and behaviours.     

Use of the insanity defense: A survey of attorneys in wyoming

Attorneys in the State of Wyoming were surveyed to determine their reported use of the insanity defense during the preceding 5 years. They were asked about the success, defined as “benefit to the defendant,” of the insanity defense at various stages that occur before trial. The attorneys reported that the insanity defense is used throughout the various stages preceding trial, with more use and benefit to the defendant being reported than previously suggested. This was particularly true for the earlier stages in the criminal justice process. The attorneys were also asked various attitude questions related to the insanity defense. Defense lawyers were more in from of the insanity defense and expressed attitudes that supported the insanity defense while prosecuting attorneys were relatively more opposed to the insanity defense and expressed attitudes consistent with this view.     

A comparison of mental and physical context reinstatement in forensic interviews with alleged victims of sexual abuse

Forensic interviews with 142 alleged victims of sexual abuse, ranging from 4.0 to 13.5 years of age, were conducted under three different interviewing conditions: at the scene of the incidents (Physical Context Reinstatement; PCR group), in the investigator's office with mental context reinstating instructions (MCR group), and in the office without contextual cueing (Control group). Children in the PCR, MCR, and Control groups did not differ significantly with respect to the total number of informative details reported. Children in the MCR condition provided more detailed responses to the main invitation and in their first narrative than did children in the PCR condition, however. They also provided proportionally more detailed responses to open‐ended invitations and fewer details in response to directive prompts than did children in the two other conditions. The MCR procedures were thus associated with greater improvements in the quality of information retrieval than were the PCR procedures. In all interviewing conditions, children aged 7 to 13 years provided significantly more details than 4‐ to‐6‐year‐old children did. The youngest children provided fewer details in response to invitations and directive utterances, and proportionally more details in response to option‐posing and suggestive utterances. No significant interactions between age and interviewing condition were apparent. Published in 2002 by John Wiley & Sons, Ltd.     

Exploring self‐esteem of Hong Kong Chinese adults cardiac diseases

Low self‐esteem appears to be both a vulnerability factor for cardiac diseases and a result of cardiac diseases. Thus enhancing self‐esteem might facilitate recovery and/or help to prevent recurrence. Since some evidence suggests that self‐esteem might even serve as an important gauge of cardiac rehabilitation, it is therefore important to know more of the construct of self‐esteem to enable the planning of a more promising rehabilitation process. This paper explores the source and basis of the self‐esteem of Hong Kong Chinese with cardiac diseases. One hundred and fifty‐two adults with cardiac diseases and 146 adults not suffering from any major illness participated in this study. The Adult Source of Self‐Esteem Inventory (ASSEI) (Elovson & Fleming, 1989), open‐ended questions on self‐evaluation, and interviewing were the major procedures used to identify the sources and basis of the self‐esteem of persons with and without cardiac diseases. The subjects' important life aspects were identified through interpreting their responses to open‐ended questions and interviews. Moreover, a structured questionnaire on their subjective perceptions of importance and satisfaction in different life areas was used to identify the relationships between discrete self‐concept variables. Factor analysis of their responses to the 20 ASSEI items revealed four factors, namely, Interpersonal Relationship, Personal Quality, Physical Self, and Personal Achievement. We also examined and compared the means and ranks of the ASSEI items as indicated by the subjects. Content analysis of open‐ended questions further confirmed the self‐esteem domains of persons with cardiac diseases. The discrepancy of ideal‐actual physical abilities was found to be more prominent in the cardiac group. It was also found that family is an important entity to Chinese individuals with cardiac diseases. Implications of the findings to rehabilitation of persons with cardiac diseases were also discussed.     

Use of a structured investigative protocol enhances the quality of investigative interviews with alleged victims of child sexual abuse in Britain

One hundred alleged victims of child sexual abuse (aged 4–13; M = 9.3 years) were interviewed by police investigators about their alleged experiences. Half of the children were interviewed using the National Institute of Child Health and Human Development (NICHD) structured interview Protocol, whereas the other children, matched with respect to their age, relationship with the alleged perpetrator, and seriousness of the alleged offenses, were interviewed by investigators following the Memorandum of Good Practice. Protocol‐guided interviews elicited more information using free‐recall invitations and less information using directive, option‐posing and suggestive questions than did standard Memorandum interviews. There were no age differences in the proportion of total information provided in response to open‐ended invitations in either condition, but there was a significant increase with age in the proportion of central information provided in response to open‐ended invitations. Published in 2008 by John Wiley & Sons, Ltd.