Vulnerable witnesses: Interviewing children Flashcards
1
Q
Why should linguists get involved?
A
- There is often no medical evidence
- No witnesses of abuse as it occurs in private settings
- Linguists know how children use and acquire language
2
Q
What are the barriers for child witnesses?
A
- Immature language system
- We teach them to not talk about sex or to strangers
- Linguistic ability drops when stressed
- Idea that adults know everything so they don’t need to tell them
3
Q
What are the legislation and guidelines for child interview cases?
A
- Memorandum of good practice 1992
- Achieving best evidence 2002/2007/2011
- Special measures
- The phased interview
4
Q
What are the 7 special practices utilised for child witness cases?
A
- Screening the witness from the accused
- Giving evidence via live link
- The removal of wigs and gowns
- Giving evidence in private
- Video recording of evidence-in-chief, cross-examination and re-examination
- Examination through intermediary (other person)
- Aids to communicate
5
Q
What is the significance of video recording the evidence-in-chief?
Any issues?
A
- Police interview is played in court as the prosecution case
- Child does not have to stand and give evidence live in court
- Less demanding on child’s memory
- Stressful for interviewer
- Defence can find gaps in evidence or suggest the officer was leading the child (case thrown out)
6
Q
What are the 4 aspects of the phased interview?
A
- Build rapport
- Allow child to be free with narrative
- Questioning
- Closure
7
Q
Phased interview:
Rapport
People
A
- Those involved in case cannot be present
- Parents often are unaware of abuse and allegations
- Child will go to parent/carer when uneasy
8
Q
Phased interview:
Rapport
Social distance and power
A
- Put child at ease and reduce social distance
- Good eye contact and friendly posture
- Do not selectively reinforce statements that hint at abuse
9
Q
Phased interview:
Rapport
Determine understanding
A
- General, neutral questions to establish cognitive ability
- Active listening - what vocab does child use?
- Eg. grammar, tenses, prepositions
- Introduce child to interview style slowly
10
Q
Phased interview:
Rapport
Truth vs Lie
A
- Establish child’s understanding of truth and lies
- Don’t ask for definition, use concrete examples
- Eg. If I broke the pencil and told your mummy you did it, what would that be?
- Case can be thrown out if court believe child doesn’t understand difference
11
Q
Phased interview:
Rapport
Ground rules for interview
A
- Give opportunities for a break
- Make clear the child doesn’t have to know the answer to all questions
- It is okay to say I don’t know or don’t understand
12
Q
Phased interview:
Free Narrative
Basics
Name and date
A
When giving an account of relevant events:
- Child should be encouraged to use their own words
- Child should be encouraged to go at their own pace
- Open questions used to provide more accurate information (less vulnerable to adult suggestion)
- Free narratives are persuasive (Davies and Westcott 1999)
13
Q
Phased interview:
Free Narrative
Issues of quality and quantity
Names and dates x 2
A
- Young children provide less information in free recall of events than older children or adults
(McGough and Warren 1994) - Children struggle with chronological construction
- Critical knowledge needed by the adult interviewers is often missing or poorly organised
(Walker and Warren 1995) - Consider use of props eg. drawing of gingerbread man body
- TED = tell me, explain and describe questions
14
Q
Phased interview:
Questioning basics
A
- Should follow phased approach
- Start with open questions and reserve direct questions for the final phase
- Body parts questions problematic:
o 70% details about body parts – child might not have sufficient vocabulary, particularly for sexual parts
15
Q
Phased interview:
Question types
A
- Use Wh-questions in order what, where, who, when and how
- Avoid WHY questions (confusion)
- Be careful with yes/no or option questions
- Avoid negative questions
- Avoid multiple questions
- Avoid repeated questions
