memory & suggestibility & defending the forensic interview robert giles senior attorney...
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Memory & Suggestibility & Memory & Suggestibility & Defending the Forensic Defending the Forensic
InterviewInterview
Memory & Suggestibility & Memory & Suggestibility & Defending the Forensic Defending the Forensic
InterviewInterviewRobert Giles
Senior Attorney NDAA’s National Center for Prosecution of Child Abuse
Robert GilesSenior Attorney
NDAA’s National Center for Prosecution of Child Abuse 703-519-1656
Items contained in this presentation may Items contained in this presentation may be subject to United States copyright law be subject to United States copyright law and are used under the guidelines of 17 and are used under the guidelines of 17 U.S.C. 107, also known as the Fair Use U.S.C. 107, also known as the Fair Use
Act.Act.
Items contained in this presentation may Items contained in this presentation may be subject to United States copyright law be subject to United States copyright law and are used under the guidelines of 17 and are used under the guidelines of 17 U.S.C. 107, also known as the Fair Use U.S.C. 107, also known as the Fair Use
Act.Act.
TOPICS TO COVERTOPICS TO COVER
History
Memory & Suggestibility
Early Research
Legal Fallout
Recent Research
Research and the Real World
Anatomical Dolls and Drawings
Credentials for Forensic Interviewers
Protocols
Defending Questions to Child
History
Memory & Suggestibility
Early Research
Legal Fallout
Recent Research
Research and the Real World
Anatomical Dolls and Drawings
Credentials for Forensic Interviewers
Protocols
Defending Questions to Child
Developing the Skills to Defend a Forensic InterviewDeveloping the Skills to Defend a Forensic Interview
Memory & suggestibility attacks
Finding corroborating evidence
Know your case/interview
Training
Protocols
Are you an expert?
Memory & suggestibility attacks
Finding corroborating evidence
Know your case/interview
Training
Protocols
Are you an expert?
CHildren and HistoryCHildren and History
Highly suggestible
Wholly unreliable
Pop psychology
Salem witch trial 1692
Highly suggestible
Wholly unreliable
Pop psychology
Salem witch trial 1692
HISTORY of Children & PsychologyHISTORY of Children & Psychology
The history of psychology in the past 100 years has been filled with theories that deny sexual abuse occurs, that discounts the responsibility of the offender, that blame the mother and/or child when it does occur, and that minimize the impact.
The history of psychology in the past 100 years has been filled with theories that deny sexual abuse occurs, that discounts the responsibility of the offender, that blame the mother and/or child when it does occur, and that minimize the impact. ANNA C. SALTER, PH.D, PREDATORS 57 (2003)ANNA C. SALTER, PH.D, PREDATORS 57 (2003)
HISTORY of Children & PsychologyHISTORY of Children & Psychology
It constitutes a sorry chapter in the history of psychology, but it is not only shameful, it is also puzzling. Hostility toward child victims leaks through the literature like poison.
It constitutes a sorry chapter in the history of psychology, but it is not only shameful, it is also puzzling. Hostility toward child victims leaks through the literature like poison.
ANNA C. SALTER, PH.D, PREDATORS 57 (2003)ANNA C. SALTER, PH.D, PREDATORS 57 (2003)
SALEM WITCH TRIALS (1692)SALEM WITCH TRIALS (1692)
“The prevailing legal attitude for the following 300 years has been one of skepticism about the testimony of child witnesses”
“The prevailing legal attitude for the following 300 years has been one of skepticism about the testimony of child witnesses”
Stephen Ceci & Maggie Bruck, Suggestibility of the Child Witness: A Historical Review and Synthesis,
113 Psychological Bulletin 403, 405 (1993)
Stephen Ceci & Maggie Bruck, Suggestibility of the Child Witness: A Historical Review and Synthesis,
113 Psychological Bulletin 403, 405 (1993)
PROSECUTORS and child witnessesPROSECUTORS and child witnesses
“[P]rosecutors are reluctant to bring to court cases that rely primarily on a young child’s eyewitness testimony, presumably because of burden-of-proof problems and a suspicion that jurors have negative stereotypes about children’s memories”
“[P]rosecutors are reluctant to bring to court cases that rely primarily on a young child’s eyewitness testimony, presumably because of burden-of-proof problems and a suspicion that jurors have negative stereotypes about children’s memories”
S.J. Ceci, D.F. Ross, M.P. Toglia, EDS Perspectives on Children’s Testimony
101 (1989)
S.J. Ceci, D.F. Ross, M.P. Toglia, EDS Perspectives on Children’s Testimony
101 (1989)
What is Suggestibility?What is Suggestibility?
The degree to which one’s memory or recounting of a event is influenced by suggested information or misinformation.
Can be the result of:
Being told what to say
Being questioned in a way that alters your recollection of the event
The degree to which one’s memory or recounting of a event is influenced by suggested information or misinformation.
Can be the result of:
Being told what to say
Being questioned in a way that alters your recollection of the event
Children 10 and over are no more suggestible than adultsChildren 10 and over are no more suggestible than adults
By the time children reach approximately age 10 to 12, they appear to be generally no more suggestible than adults (Saywitz & Snyder, 1993; Saywitz, Goodman, & Lyon, 2002; Cole & Loftus, 1987).
By the time children reach approximately age 10 to 12, they appear to be generally no more suggestible than adults (Saywitz & Snyder, 1993; Saywitz, Goodman, & Lyon, 2002; Cole & Loftus, 1987).
Children 10 and over are no more suggestible than adultsChildren 10 and over are no more suggestible than adults
Saywitz, K. J., & Snyder, L. (1993). Improving children's testimony with preparation: In G. S. Goodman, & B.L. Bottoms (Eds.) Child victims, child witnesses: Understanding and improving testimony (pp. 117-146). NY: Guilford Press.
Saywitz, K. J., & Snyder, L. (1993). Improving children's testimony with preparation: In G. S. Goodman, & B.L. Bottoms (Eds.) Child victims, child witnesses: Understanding and improving testimony (pp. 117-146). NY: Guilford Press.
Children 10 and over are no more suggestible than adultsChildren 10 and over are no more suggestible than adults
Saywitz, K. J., Goodman, G. S., & Lyon, T. D. (2002). Interviewing children in and out of court: In J. E. B. Meyers, L. Berliner, J. Briere, C. T. Hendrix, C. Jenny, T. A. Reid (Eds.) The APSAC handbook on child maltreatment (pp. 349-377). CA: Sage.
Saywitz, K. J., Goodman, G. S., & Lyon, T. D. (2002). Interviewing children in and out of court: In J. E. B. Meyers, L. Berliner, J. Briere, C. T. Hendrix, C. Jenny, T. A. Reid (Eds.) The APSAC handbook on child maltreatment (pp. 349-377). CA: Sage.
Children 10 and over are no more suggestible than adultsChildren 10 and over are no more suggestible than adults
Cole, C.B., & Loftus, E.F. (1987). The memory of children: in S. J. Ceci, M. P. Toglia, & D. F. Ross (Eds.) Children's Eyewitness Memory (pp.195). New York: Springer-Verlag.
Cole, C.B., & Loftus, E.F. (1987). The memory of children: in S. J. Ceci, M. P. Toglia, & D. F. Ross (Eds.) Children's Eyewitness Memory (pp.195). New York: Springer-Verlag.
M & S Research: The First WaveM & S Research: The First Wave
Prior to 1979 shortage of research
From 1979 to 1990 over 100 studies, much pro-child
Prior to 1979 shortage of research
From 1979 to 1990 over 100 studies, much pro-child
The clown studyThe clown study
Pairs of kids, ages 4 - 7 sent into a trailer
One child interacts with the clown while the other watches
Kids asked leading questions like “he took you clothes off didn’t he”
Pairs of kids, ages 4 - 7 sent into a trailer
One child interacts with the clown while the other watches
Kids asked leading questions like “he took you clothes off didn’t he”
Rudy & Goodman, Effects of Participation on Children’s Report: Implications for Children’s Testimony,
Developmental Psychology 27(4) (1991)
Rudy & Goodman, Effects of Participation on Children’s Report: Implications for Children’s Testimony,
Developmental Psychology 27(4) (1991)
The clown studyThe clown study
Not one of the kids who interacted with the clown made a false report.
Only one of the “bystander” kids made a false report of abuse (spanking).
Not one of the kids who interacted with the clown made a false report.
Only one of the “bystander” kids made a false report of abuse (spanking).
Rudy & Goodman, Effects of Participation on Children’s Report: Implications for Children’s Testimony,
Developmental Psychology 27(4) (1991)
Rudy & Goodman, Effects of Participation on Children’s Report: Implications for Children’s Testimony,
Developmental Psychology 27(4) (1991)
THE MEDICAL EXAM STUDYTHE MEDICAL EXAM STUDY
Goodman & colleagues study 100’s of kids having a medical exam
Goodman & colleagues study 100’s of kids having a medical exam
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology, 59
(5), 1991
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology, 59
(5), 1991
THE MEDICAL EXAM STUDYTHE MEDICAL EXAM STUDY
5 and 7 year old girls
½ had a scoliosis exam & ½ had an external genital exam
5 and 7 year old girls
½ had a scoliosis exam & ½ had an external genital exam
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
THE MEDICAL EXAM STUDYTHE MEDICAL EXAM STUDY
Interviewers used free recall, anatomical dolls, direct, and misleading questions
Interviewers used free recall, anatomical dolls, direct, and misleading questions
“Did the doctor put something in your mouth?”“Did you take your clothes off?”“How many times did the doctor kiss you?”“Did the doctor touch you there?” (while pointing to vagina on doll)“Did the doctor ever touch you before that day?”
“Did the doctor put something in your mouth?”“Did you take your clothes off?”“How many times did the doctor kiss you?”“Did the doctor touch you there?” (while pointing to vagina on doll)“Did the doctor ever touch you before that day?”
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
THE MEDICAL EXAM STUDYTHE MEDICAL EXAM STUDY
Only 3 to 5 % of the children made a false report
14 to 31 % failed to reveal genital touching
5 years olds were more likely to reveal genital contact then 7 year olds
Children reported twice as much correct information when demonstrating on dolls
None of the children demonstrated sexually explicit behavior with the dolls
Only 3 to 5 % of the children made a false report
14 to 31 % failed to reveal genital touching
5 years olds were more likely to reveal genital contact then 7 year olds
Children reported twice as much correct information when demonstrating on dolls
None of the children demonstrated sexually explicit behavior with the dolls
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
MEDICAL EXAM STUDY RESULTSMEDICAL EXAM STUDY RESULTS
Not one of the seven year old children made a false report.
Only 3 out of 215 of the five year old children made a false report.
False security
Not one of the seven year old children made a false report.
Only 3 out of 215 of the five year old children made a false report.
False securitySawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital
Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,
59 (5), 1991
Legal FalloutLegal Fallout
Cases that Changed how we do BusinessCases that Changed how we do Business
State of New Jersey v. Michaels
The McMartin Preschool Case – Manhattan Beach, CA
Little Rascals Day Care – Edenton, NC
Fells Acres Day Care – Malden, MA
State of New Jersey v. Michaels
The McMartin Preschool Case – Manhattan Beach, CA
Little Rascals Day Care – Edenton, NC
Fells Acres Day Care – Malden, MA
State v. Michaels136 N.J. 299; 642 A. 2d 1372 (1994)
State v. Michaels136 N.J. 299; 642 A. 2d 1372 (1994)
Multiple pre-school victims
Michaels convicted of 131 counts
Convictions reversed
Multiple pre-school victims
Michaels convicted of 131 counts
Convictions reversed
The InvestigationThe Investigation
4 1/2 year old told “lots of other kids” revealed abuse.
Child told the interview would end once the child “cooperated”.
When child announced he “hated” the investigator, the investigator told the child he “secretly” liked the interviewer.
“Do you want to help us keep her in jail”.
4 1/2 year old told “lots of other kids” revealed abuse.
Child told the interview would end once the child “cooperated”.
When child announced he “hated” the investigator, the investigator told the child he “secretly” liked the interviewer.
“Do you want to help us keep her in jail”.
THE MICHAELS AFTERMATHTHE MICHAELS AFTERMATH
The cat’s out of the bag. Child testimony viewed with suspicion
In a child abuse case, it is reversible error not to allow a defense expert to testify “regarding the techniques employed by (the police officer) and the prosecutor in their examinations of the child.” Pyron v. State, 237 GA .App. 198, 514 S.E. 2d 51, 1999
http://www.law.umkc.edu/faculty/projects/ftrials/mcmartin/salemparallels.htm
The cat’s out of the bag. Child testimony viewed with suspicion
In a child abuse case, it is reversible error not to allow a defense expert to testify “regarding the techniques employed by (the police officer) and the prosecutor in their examinations of the child.” Pyron v. State, 237 GA .App. 198, 514 S.E. 2d 51, 1999
http://www.law.umkc.edu/faculty/projects/ftrials/mcmartin/salemparallels.htm
THE SECOND WAVE OF RESEARCHTHE SECOND WAVE OF RESEARCH
Research reflects high profile cases.
Research is given great weight by some courts.
Research reflects high profile cases.
Research is given great weight by some courts.
““Sam Stone Study”Sam Stone Study”Lichtman & Ceci,Lichtman & Ceci,
The Effect of Stereotypes and The Effect of Stereotypes and Suggestions on Preschoolers’ Suggestions on Preschoolers’
Reports, Reports, Developmental PsychologyDevelopmental Psychology 31(4) (1995)31(4) (1995)
““Sam Stone Study”Sam Stone Study”Lichtman & Ceci,Lichtman & Ceci,
The Effect of Stereotypes and The Effect of Stereotypes and Suggestions on Preschoolers’ Suggestions on Preschoolers’
Reports, Reports, Developmental PsychologyDevelopmental Psychology 31(4) (1995)31(4) (1995)
THE SAM STONE THE SAM STONE STUDYTHE SAM STONE THE SAM STONE STUDY
Researchers “tell” 3-6 year old kids about Sam Stone.
Stereotype SS as “clumsy”.
SS visits the classroom.
The next day, kids given fictitious evidence.
Researchers “tell” 3-6 year old kids about Sam Stone.
Stereotype SS as “clumsy”.
SS visits the classroom.
The next day, kids given fictitious evidence.
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
SAM STONE RESULTSSAM STONE RESULTS
Kids interviewed for 2 minutes once a week for 4 weeks after the visit.
Kids asked “leading” questions such as “I wonder is SS was wearing long pants or short pants when he ripped the book” and “I wonder if SS got the teddy bear dirty on purpose or by accident.”
Children told 27 lies in interviews.
First interview: 25% surmised SS did it.
Kids interviewed for 2 minutes once a week for 4 weeks after the visit.
Kids asked “leading” questions such as “I wonder is SS was wearing long pants or short pants when he ripped the book” and “I wonder if SS got the teddy bear dirty on purpose or by accident.”
Children told 27 lies in interviews.
First interview: 25% surmised SS did it.
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
SAM STONE RESULTSSAM STONE RESULTS
10 weeks after the visit, a “new” interview.
46% of 3-4 year olds inaccurately recalled that SS did clumsy things.
30% of 5-6 year olds inaccurately recalled that SS did clumsy things.
Only 21% or 3-4 and under 10% of 5-6 year olds made the same claims when gently challenge.
10 weeks after the visit, a “new” interview.
46% of 3-4 year olds inaccurately recalled that SS did clumsy things.
30% of 5-6 year olds inaccurately recalled that SS did clumsy things.
Only 21% or 3-4 and under 10% of 5-6 year olds made the same claims when gently challenge.
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
THE SAM STONE STUDYTHE SAM STONE STUDY
Ceci & Liechtman stated “these results indicate that not only do young children form stereotypes but that stereotype formation interacts with suggestive questioning to a greater extent for younger than older children”
Ceci & Liechtman stated “these results indicate that not only do young children form stereotypes but that stereotype formation interacts with suggestive questioning to a greater extent for younger than older children”
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,
Developmental Psychology 31(4) (1995)
THE SAM STONE STUDYTHE SAM STONE STUDY
Ceci & Leichtman concluded, “[W]hen the context of a child’s reporting of an event is free of the strong stereotypes and repeated leading questions that may be introduced by adults the odds are tilted in favor of factual reporting”
Ceci & Leichtman concluded, “[W]hen the context of a child’s reporting of an event is free of the strong stereotypes and repeated leading questions that may be introduced by adults the odds are tilted in favor of factual reporting”
Lichtman & Ceci, The Effect of Stereotypes and
Suggestions on Preschoolers’ Reports, Developmental
Psychology 31(4) (1995)
Lichtman & Ceci, The Effect of Stereotypes and
Suggestions on Preschoolers’ Reports, Developmental
Psychology 31(4) (1995)
Mousetrap StudyMousetrap StudyMousetrap StudyMousetrap StudyCeci, Loftus, Leichtman, Bruck, The Possible Role of
Source Misattributions in the Creation of False Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304) (1994)
Ceci, Loftus, Leichtman, Bruck, The Possible Role of Source Misattributions in the Creation of False
Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304) (1994)
THE MOUSETRAPTHE MOUSETRAP
Children ages 3 to 6
12 interviews of 30 minutes each
Children told about a fictional event and then told to picture it in their head
Initially 23% remembered the fictional event
By interview 12, 43% remembered the fictional event
Children ages 3 to 6
12 interviews of 30 minutes each
Children told about a fictional event and then told to picture it in their head
Initially 23% remembered the fictional event
By interview 12, 43% remembered the fictional event
Ceci, Loftus, Leichtman, Bruck, The Possible Role of Source Misattributions in the Creation of False Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304)
(1994)
Ceci, Loftus, Leichtman, Bruck, The Possible Role of Source Misattributions in the Creation of False Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304)
(1994)
THE INOCULATION THE INOCULATION STUDYSTUDY
THE INOCULATION THE INOCULATION STUDYSTUDY
Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s Reports about a
Visit to Their Pediatrician, Child Development, 66 (1995)
Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s Reports about a
Visit to Their Pediatrician, Child Development, 66 (1995)
THE INOCULATION STUDYTHE INOCULATION STUDY
Kids (ages 4-5) receive a medical exam by pediatrician.
After exam, researcher stays during oral vaccine and inoculation.
RA removes child and plays.
11 months later, kids interviewed.
Kids (ages 4-5) receive a medical exam by pediatrician.
After exam, researcher stays during oral vaccine and inoculation.
RA removes child and plays.
11 months later, kids interviewed.
Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s
Reports about a Visit to Their Pediatrician, Child Development, 66 (1995)
Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s
Reports about a Visit to Their Pediatrician, Child Development, 66 (1995)
INOCULATION STUDY RESULTSINOCULATION STUDY RESULTS
Kids interviewed four times over a two week period.
Kids are lied to about RA and pediatrician duties.
In the 4th interview, 40% of kids falsely reported the duties of one of the players.
Kids interviewed four times over a two week period.
Kids are lied to about RA and pediatrician duties.
In the 4th interview, 40% of kids falsely reported the duties of one of the players.
Memory/SuggestibilityMemory/SuggestibilityThe Jack O’Mack StudyThe Jack O’Mack StudyMemory/SuggestibilityMemory/SuggestibilityThe Jack O’Mack StudyThe Jack O’Mack Study
Bhavna Shyamalan & Sharon Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of Abusive Behavior
Bhavna Shyamalan & Sharon Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of Abusive Behavior
THE JACK O’MACK STUDY THE JACK O’MACK STUDY
Jack “tested” toys, measured feet, and painted faces on toenails
Four months later, kids were told to take the process seriously
After ten suggestive interview sessions, not one child falsely accused Jack of yelling
Serious atmosphere/Serious allegation
Jack “tested” toys, measured feet, and painted faces on toenails
Four months later, kids were told to take the process seriously
After ten suggestive interview sessions, not one child falsely accused Jack of yelling
Serious atmosphere/Serious allegation
Shyamalan & Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of
Abusive Behavior
Shyamalan & Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of
Abusive Behavior
Recent RESEARCHRecent RESEARCH
Study examines children’s ability to maintain a false statement about body touch
Study examines children’s ability to maintain a false statement about body touch
Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False
Reports of Body Touch, Child Maltreatment, 12 (1) (2007)
Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False
Reports of Body Touch, Child Maltreatment, 12 (1) (2007)
FALSE TOUCHES STUDYFALSE TOUCHES STUDY
1 to 3 weeks later the children are interviewed
Children who lied about being touched were able to accurately maintain the lie during repeated, direct questioning
Children who lied were less accurate then truth tellers when answering questions not related to the lie
1 to 3 weeks later the children are interviewed
Children who lied about being touched were able to accurately maintain the lie during repeated, direct questioning
Children who lied were less accurate then truth tellers when answering questions not related to the lie
Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False
Reports of Body Touch, Child Maltreatment, 12 (1) (2007)
Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False
Reports of Body Touch, Child Maltreatment, 12 (1) (2007)
FALSE TOUCHES STUDYFALSE TOUCHES STUDY
Children who answered truthfully about not being touched were both accurate and consistent in their statements
Children who answered truthfully about not being touched were both accurate and consistent in their statements
Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False
Reports of Body Touch, Child Maltreatment, 12 (1) (2007)
Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False
Reports of Body Touch, Child Maltreatment, 12 (1) (2007)
RESEARCH AND THE REAL WORLDRESEARCH AND THE REAL WORLD
Average age of victims is 10 years old
Most interviews occur soon after disclosure
Interviewers use non-suggestive techniques
Victims are most often abused by close family members
Majority of children did not adopt suggestive question
Average age of victims is 10 years old
Most interviews occur soon after disclosure
Interviewers use non-suggestive techniques
Victims are most often abused by close family members
Majority of children did not adopt suggestive question
RESEARCH AND THE REAL WORLDRESEARCH AND THE REAL WORLD
Real World: Children interviewed after they reveal abuse
Research World: Children interviewed repeatedly after they deny an event
Real World: Children interviewed after they reveal abuse
Research World: Children interviewed repeatedly after they deny an event
WHAT WE LEARNEDWHAT WE LEARNED
Do not “tell” children the answer
Do not stereotype the perpetrator
Do not treat any aspect of the interview as a game
Even very young children can lie
Younger children are more suggestible than older children
The majority of children “stuck to their guns”-only a minority made a false report
Do not “tell” children the answer
Do not stereotype the perpetrator
Do not treat any aspect of the interview as a game
Even very young children can lie
Younger children are more suggestible than older children
The majority of children “stuck to their guns”-only a minority made a false report
Other ReadingOther Reading
Bruck, Ceci, & Francoeur, The Accuracy of Mother’s Memories of Conversations with Their Preschool Children, Journal of Experimental Psychology: Applied, 5(1) (1999)
London, Bruck, Wright & Ceci, Review of the Contemporary Literature on How Children Report Sexual Abuse to Others: Findings, Methodological Issues, and Implications for Forensic Interviewers, Memory, 16(1) (2008)
London, Bruck, Ceci & Shuman, Disclosure of Child Sexual Abuse: What Does the Research Tell Us About the Ways that Children Tell, Psychology, Public Policy, and Law, 11(1) (2005)
Lyon, Applying Suggestibility Research to the Real World; The Case of Repeated Questions, Law & Contemp. Probs. 65 (97) (2002)
Wright, Hanoteau, Parkinson & Tatham, Perceptions About Memory Reliability and Honesty for Children of 3 to 18 years Old, Legal and Criminological Psychology, 15 (2010)
Bruck, Ceci, & Francoeur, The Accuracy of Mother’s Memories of Conversations with Their Preschool Children, Journal of Experimental Psychology: Applied, 5(1) (1999)
London, Bruck, Wright & Ceci, Review of the Contemporary Literature on How Children Report Sexual Abuse to Others: Findings, Methodological Issues, and Implications for Forensic Interviewers, Memory, 16(1) (2008)
London, Bruck, Ceci & Shuman, Disclosure of Child Sexual Abuse: What Does the Research Tell Us About the Ways that Children Tell, Psychology, Public Policy, and Law, 11(1) (2005)
Lyon, Applying Suggestibility Research to the Real World; The Case of Repeated Questions, Law & Contemp. Probs. 65 (97) (2002)
Wright, Hanoteau, Parkinson & Tatham, Perceptions About Memory Reliability and Honesty for Children of 3 to 18 years Old, Legal and Criminological Psychology, 15 (2010)
Anatomical Dolls and Drawings Anatomical Dolls and Drawings
Not Diagnostic
Not unduly suggestive
Not Diagnostic
Not unduly suggestive
Anatomical Dolls and Drawings are Useful to:Anatomical Dolls and Drawings are Useful to:
Stimulate the memory of a child
Allow the child to demonstrate
Confirm the interviewer’s understanding
Stimulate the memory of a child
Allow the child to demonstrate
Confirm the interviewer’s understanding
Doll ProtocolDoll Protocol
Only after verbal disclosure
Not a play toy
Dolls are always fully clothed
Representational shift determination
Have child define conduct verbally while demonstrating
Remove dolls when not needed
Only after verbal disclosure
Not a play toy
Dolls are always fully clothed
Representational shift determination
Have child define conduct verbally while demonstrating
Remove dolls when not needed
Attacks on Use of DollsAttacks on Use of Dolls
If used with children who can’t make the representational shift or when accompanied with abusive questioning, appellate errors arise
Research condemning the use of dolls employs these practices
If used with children who can’t make the representational shift or when accompanied with abusive questioning, appellate errors arise
Research condemning the use of dolls employs these practices
suggested reading: Dolls & Drawingssuggested reading: Dolls & Drawings
Faller, K. C. (2005). Anatomical dolls: their use in assessment of children who may have been sexually abused, Journal of Child Sexual Abuse, 14(3), 1-21.
Poole, D. A., & Dickinson, J. J. (2011). Evidence supporting restrictions on uses of body diagrams in forensic interviews, Child Abuse and Neglect, 35, 659-699.
Everson, M. D. & Boat, B. W. (2002). The utility of anatomical dolls and drawings in child forensic interviews: In M. L. Eisen, J. A. Quas, & G. S. Goodman, (Eds.), Memory and suggestibility in the forensic interview (pp. 383-408). Mahwah, NJ: Lawrence Erlbaum Associates, Inc.
Faller, K. C. (2005). Anatomical dolls: their use in assessment of children who may have been sexually abused, Journal of Child Sexual Abuse, 14(3), 1-21.
Poole, D. A., & Dickinson, J. J. (2011). Evidence supporting restrictions on uses of body diagrams in forensic interviews, Child Abuse and Neglect, 35, 659-699.
Everson, M. D. & Boat, B. W. (2002). The utility of anatomical dolls and drawings in child forensic interviews: In M. L. Eisen, J. A. Quas, & G. S. Goodman, (Eds.), Memory and suggestibility in the forensic interview (pp. 383-408). Mahwah, NJ: Lawrence Erlbaum Associates, Inc.
ProtocolsProtocols
Having a forensic interview protocol is necessary to successfully defend you forensic interviews
Know what your protocol says so that you can describe how you followed it in this case
Also know what your investigative protocol requires and how you followed it or why you had to deviate in this case
Having a forensic interview protocol is necessary to successfully defend you forensic interviews
Know what your protocol says so that you can describe how you followed it in this case
Also know what your investigative protocol requires and how you followed it or why you had to deviate in this case
Protocol TypesProtocol Types
National Protocols
NCAC
Child First/RATAC
NICHD
Tom Lyon’s 10 Step
Childhood Trust
National Protocols
NCAC
Child First/RATAC
NICHD
Tom Lyon’s 10 Step
Childhood Trust
Protocol TypesProtocol Types
States with their own protocols
Michigan
Texas
California
New York
States with their own protocols
Michigan
Texas
California
New York
Defending your decisionsDefending your decisions
If you have to deviate from your protocol know why, document that reason and be prepared to defend that decision
Multiple interviews
Medical exam: yes or no
Use of interpreter
Recording v. no recording
If you have to deviate from your protocol know why, document that reason and be prepared to defend that decision
Multiple interviews
Medical exam: yes or no
Use of interpreter
Recording v. no recording
Defending Your QuestionsDefending Your Questions
No perfect interview
Developmentally appropriate language
Leading, directed, multiple choice, Yes/NO
Narrative invitation
Review your interview
Look at questions in full context of interview
No perfect interview
Developmentally appropriate language
Leading, directed, multiple choice, Yes/NO
Narrative invitation
Review your interview
Look at questions in full context of interview
Credentialing:Credentialing:
Who is behind it?
What is it?
What does it mean for forensic interviewing?
I’m not credentialed, now what???
Who is behind it?
What is it?
What does it mean for forensic interviewing?
I’m not credentialed, now what???
Who is Behind it?Who is Behind it?
Certification RequirementsCertification Requirements
Certification RequirementsCertification Requirements
Certification RequirementsCertification Requirements
What Does it Mean for Forensic Interviewing:What Does it Mean for Forensic Interviewing:
Pro’s:
Implementation of Forensic Interviewing Ethical Standards
Expectation to create interviewers with greater experience
Standardized testing for all those certified
National requirements for ongoing training
Pro’s:
Implementation of Forensic Interviewing Ethical Standards
Expectation to create interviewers with greater experience
Standardized testing for all those certified
National requirements for ongoing training
What Does it Mean for Forensic Interviewing:What Does it Mean for Forensic Interviewing:
Con’s:
Costs more money for strapped public agencies and non-profits
Takes focus away from child’s statement
Creates additional fodder for cross-examination
Does not assure a level of quality practice
Con’s:
Costs more money for strapped public agencies and non-profits
Takes focus away from child’s statement
Creates additional fodder for cross-examination
Does not assure a level of quality practice
What Can Happen What Can Happen When an Interview When an Interview
Goes BadGoes Bad
What Can Happen What Can Happen When an Interview When an Interview
Goes BadGoes Bad
WHO ARE THESE PEOPLE?WHO ARE THESE PEOPLE?
ConclusionConclusion
Be confident
In yourself
Your interview
Your investigation
Your case
Be confident
In yourself
Your interview
Your investigation
Your case
YOU ARE CHANGING THEWORLD ONE CHILD AT A TIME
YOU ARE CHANGING THEWORLD ONE CHILD AT A TIME
CHANGING THE WORLDCHANGING THE WORLD
Perhaps we cannot make this a world where children are not tortured but we can lessen the number of tortured children
Allbert Camus, The Plague
Perhaps we cannot make this a world where children are not tortured but we can lessen the number of tortured children
Allbert Camus, The Plague
ReferencesReferences
Victor Vieth, Memory and Suggestibility Research:Does the Surreal World of the Laboratory Apply to the Real World? NDAA
Thanks to Victor Vieth, Laura Rogers, Angela Scott and NCPCA
Linda Steele, National Children’s Advocacy Center
Victor Vieth, Memory and Suggestibility Research:Does the Surreal World of the Laboratory Apply to the Real World? NDAA
Thanks to Victor Vieth, Laura Rogers, Angela Scott and NCPCA
Linda Steele, National Children’s Advocacy Center