Interviewing Vulnerable Witnesses & Victims

Question 1

When Children are involved in the legaI process

Answer 1

779,660 arrests conducted by UK police in 2017, around 10% were of children aged 10-17 (Home Office, 2017)

Question 2

Children vs Adults - What are the differences

Answer 2

Psychological
Attention
Language Expression
Langauge Comprehension
Socio-cultural factors (Huang & Lamb 2014).
Suggestibility

Question 3

Poole & Lamb (1998)

Answer 3

We cannot assume that the question that the child “heard” was the one that the adult asked

Question 4

Children’s memory Suggestibility

Answer 4

Children younger than pre school more prone to suggestion (Poole & Lindsay 1995).

If child is active participant in an event, his/recollection of the event is less subjected to suggestion (Roediger et al 1991).

Question 5

Ceci & Bruck (1995)

Answer 5

40 Children

Interview questions: Did doctor touch you here?
Show me on your body where the doctor touched you
Did the doctor do anything with the spoon?

Findings:
Children who did not experience genital examination said that they were touched.
More than 50% of children gave incorrect report.
Spoon Question: 17.5% children put spoon into the doll’s private area.

Question 6

When are children more prone to suggestion?

Answer 6

Cannot remember accurately.
Think they was asked again because gave wrong answer before.
Don’t understand the experience being asked
Influence of the interviewer

Question 7

Loftus & Palmer 1974

Answer 7

Group 1: How fast were the cars going when they HIT each other.

Group 2:
How fast were the cars going when they smashed into each other.

Verb changed, memory can be altered.

Question 8

Types of questions to ask

Answer 8

Open ended questions.
Encourages free call
Use of nodding
Cued invitations

What & How,
Make sure child really understands

Question 9

Types of questions to ask: Second best

Answer 9

What & How,

Make sure child really understands

Question 10

Types of questions to ask: Be careful questions

Answer 10

Yes/No questions
Limiting interviewees answers
If you ask yes/no questions continuously, this may lead the interviewee to start doubting themselves.

Question 11

Types of questions to ask: No-no questions:

Answer 11

No-no questions: Suggestive/leading

Information which was not presented by interviewee

Question 12

Interview Protocol and General Structure

Answer 12

Introduction
Narrative Practice
Substantive Phase
Closing

Question 13

Interview Dos

Answer 13

Neutral reinforcement
Wait patiently during moments of silence
Ask for clarification
Relaxing atmosphere

Question 14

Interview Don’ts

Answer 14

Wearing Uniform
Weapon
Too close
Threats or incentives
Promises
Child to pretend and imagine this happened
Delay interviewing

Question 15

Factors which can influencer accuracy of memory

Answer 15

Time Delay
Age (Memon et al 2003)
Stress (Valentine & Mesout, 2009)
Frequency of event (Roberts et al 2004)
Source Monitoring (Poole & Lindsay 2001).

Question 16

Interviewee’s account can be influenced by:

Answer 16

Nature of crime
Attention
Age and cognitive ability
Interview practice
Confirmation bias

Question 17

Contributing Causes of Wrongful Convictions

Answer 17

Eyewitness Misidentification (235)
Improper Forensics (154)
False Confessions (88)
Snitches (48)

Question 18

False confessions

Answer 18

52% of the false confessors were 21 years old or younger at the time of the arrest

10% of the false confessors had mental health or mental capacity issues.

Question 19

Prevalence of Confessions

Answer 19

Overall confession rate in England remains close to 60% over past 25 years (Gudjonsoon 2003).

Strength of evidence pivotal factor (Deslauriers-Varin 2011)

Japan confession rate over 20%

Confession carries more weight than other evidence (Kassin 2012).

Question 20

Prevalence of False Confessions Pt 2

Answer 20

False confessions can and do occur with troubling regularity and continue to lead to wrongful prosecution and erroneous conviction

US convictions overturned by DNA 25% (Kassin, 2012).

Question 21

Young suspects are particularly vulnerable to false confession

Answer 21

Out of 125 proven false confession case, 63% of them (of murder and rape) were under the age of 25, and 32% were under 18 (Drizin & Leo, 2004); yet of all persons arrested for murder and rape, only 8 and 16%, respectively, are juveniles (Snyder, 2006)

Question 22

Confession can be differentiated into:

Answer 22

Voluntary False (Leo & Ofshe 2001) - not much prompting

Compliant False Gudjonsson & MacKeith, 1990): Induced through police interrogation - wanted to escape interview or avoid other threats.

Internalised False (Ofshe 1989; Gudjonsson 1992).
Highly suggestive interrogation - vulnerable suspects believe they did it in the end.

Question 23

What do people make false confessions:
Dispositional factors
Situational Factors

Answer 23

Dispositional: Personality, age , intelligence, mental health

Situational Features of the interview