Lecture 6 Flashcards

Interviewing Vulnerable suspects

1
Q

give an example of when false memories in children has lead to a criminal court case

A

mcmartin pre school
1983- California
ray buckley
- Several hundreds children were interviewed by psychotherapist- highly suggestive interviews
- Most expensive case in American criminal history at that time
- Outcome= no charge, media frenzy
- False memories of children

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2
Q

when are children used in the legal process

A

when they are involved as victims/ witnesses/ suspects

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3
Q

describe child maltreatment

A

psychological abuse, sexual abuse, physical abuse, neglect

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4
Q

what is the most common form of child maltreatment

A

o Neglect = most common, around 40% of children

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5
Q

why are child sexual health cases hard to get convictions from

A
  • Child cases (sexual) = harder to get physical evidence- eg semen in genitalia- with children vaginas very smooth so harder to keep dna inside, so rare that body fluids from perpetrator still inside them
  • Also perppatraror in sexual abuse cases usually known to child- unlikely that will report very soon after the case so no dna
    o Why testimony of children necessary as lack of DNA
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6
Q

according to the NSPCC how many child sexual offences were reported in 2017

A

64,667 recorded child sexual offences

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7
Q

what did Bentley, O’Hagan, Raff & Bhatti, 2016 report

A
  • 38,575 reported case in 2014-2015, 30,698 excluding cases over 16years old
  • 3 in every 1000 children under 16 years old.  experienced some kind of abuse in their life
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8
Q

what are the issues with interviewing and dealing with 10 year olds as if they are adults

A

Age to be judged the same as an adult in the UK = 10
- But large gap between 10-20 years
o Very different neurobiological
o Cannot reason
o Cannot solicit help or legal associations like ‘adults’ can

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9
Q

what are the differences between children and adults which have to be considered when interviewing

A
  • Physical differences
    o Height/weight/voice
    o See world from different angle
    o If you are very close to them and a lot taller feel intimidated
    o Better if sit at same height as them
  • Psychological
    o Separation anxiety from primary caregiver
    o Attachment theory  use in interview room
     Interviewer be introduced by a caregiver that the child trusts to transfer trust
     When in interview room, caregiver can sit with the child for a bit and then leave to get familiar with area
  • Attention
    o Need breaks from interview regularly
    o Attend to things differently look at world from different world of view
    o Notice/ remember different things to adults
  • Language expression
    o 3yr-500-3000
    o 5-6yr 14,000
    o 10-11yr like adults (Walker, 1994)
    o May be unable to express what they are wanting to say
    o Still unable to master completely abstract language- such as time
  • Language comprehension
    o Way understand and use language may be very different to adults
  • Example
    o We cannot assume that the question that the child “heard” was the one that the adult asked…. Poole & Lamb (1998)
    o Also cannot assume what we said to the child is correctly heard by the child
  • Socio-cultural factors (e.g. Huang & Lamb, 2014)
    o Adult child interaction dynamic differs between countries
     EU children + adults interact egalitarian (equal)
     China- (one child policy)- child authoritarian
     Taiwan- children assumed to be innocent + parents = authoritarian in interaction, so unequal interaction dynamic
     Cultural difference in willingness to apply to adults request
    • Taiwan, will still do it even though don’t want to do it as think adult is right situational compliance
    • Don’t see it in immigrant Chinese of EU people
    • Implication in false confessions
  • Attentional bias
    o Ignoring other info as cant pay attention to everything
    o Simon and chabris 1999
    o Inattentional bias- Children less capable of suppressing irellevant things – pay attention to a lot of different things at one time
  • Suggestibility
    o children younger than preschool age are more prone to suggestion(Poole & Lindsay, 1995).
    o If the child is the active participant in an event, his/her recollection of the event is less subjected to suggestion (Roediger et al., 1991).
     Better at resisting suggestibility
     Non active= more prone to suggesticbility
    o Repeated interview experiment- 4-6yrs kids repeatedly interviewed for several weeks, by 11th week, 56% kids reported at least one false event.
    o Giving your prior knowledge to children
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10
Q

what happened in Ceci & Bruck (1995

A
  • 40 children (aged 3) in pediatric examination

50% were given a general pediatric examination
50% were given a general and genitalia examination

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11
Q

what questions were asked in - Ceci & Bruck (1995

A

. Did the doctor touch you here?
o 2. Show me on the doll where the doctor touched you.
o 3. Show me on your body where the doctor touched you.
o 4. The experimenter gave the child a spoon and ask “did the doctor do anything with the spoon?”

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12
Q

what were the findings in Ceci & Bruck (1995

A

o Children who experienced genital examination could not correctly demonstrate with the doll.
o Children who did not experience genital examination said that they were touched.
o More than 50% of the children gave incorrect report.
o Spoon question: 17.5% children put the spoon into the doll’s private area.
o 12.5% children exhibit aggressive behavior towards the doll.

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13
Q

what was concluded in Ceci & Bruck (1995)

A

o children were inaccurate in reporting genital touching regardless of how they were asked and whether they were touched.
o The use of anatomically correct dolls increased the inaccuracy of children’s report.
o Tells us that: children incorrect at reporting what happened,
o Children’s abstract reasoning using another object to represent what they are in environment, (doll)- children don’t have abstract reasoning / thinking to know that the doll represents them

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14
Q

when are children more prone to suggestibility

A
  • Cannot remember accurately.
    o Feel pressure to say something
  • Being stressed/anxious about the event in question.
  • They think that they were asked again because they gave the wrong answer before; or they think the interviewer want a different answer.
    o When repeat question- think they were wrong initially
  • They don’t understand the question but they don’t dare to say they don’t know.
  • When they don’t understand the experience being asked (e.g. sexual intercourse).
  • The influence of the interviewer.
  • Why important to establish ground rules (in seminar)
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15
Q

what is a study which is an example of how adults are suggestible

A

loftus and palmer 1974

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16
Q

what question s were asked in loftus and palmer 1974

A
  • 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?
  • Group1: Did you see broken glass when the cars HIT each other?
  • Group2: Did you see broken glass when the cars SMASHED into each other?
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17
Q

what were the experimental conditions in loftus and palmer 1974

A

hit

smashed - verb changed when asked questions

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18
Q

what are the results from loftus and palmer when pps were asked to estimate speed

A

o Hit group – estimated 34mph

o Smashed= 41 mph

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19
Q

what are the results from loftus and palmer when pps were asked to estimate whether they saw broken glass

A

o Hit 14%

o Smashed 32%

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20
Q

describe the best types of questions to ask children interviewees

A

Open-ended questions
o Example: What happened? And then? Tell me more about…? What else? Tell me everything
o This encourages free-recall- mor likely to get better memories recalled (more accurate)
o Use of facilitators, e.g. nodding
o Cued-invitations: e.g. “You mentioned XXX, tell me more about that”.

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21
Q

what are the second best questions to ask child interviwees

A

Focused/ Directive questions
o Example: Wh- questions and How
o You are focusing the interviewee’s attention to specific information
o Make sure the child really understand the question
o Children may have more difficulty about time-related question.

22
Q

what are the second worst questions to ask child interviewees

A

: Option posing questions
o Example: Which one…. Yes/No questions
o You are limiting the interviewee’s answers to your question
o Be cautious of “Acquiescence bias”
o If you ask yes/no question continuously, this may lead the interviewee to start doubting their answers.
o Too many yes no questions in a row- more likely to confirmation bias and say yes just to get out of the situation

23
Q

what are the worst questions to ask child interviewees

A

Suggestive/leading questions
o Example: question containing information not mentioned by the interviewee
o Very dangerous practice!
o Because you may suggest something that is completely not true

24
Q

what are the factors which affect autobiographical memories

A

o Age (memon et al 2003)
 Younger child= worse ltm (especially younger than school age)
o Stress trauma (valantine + mesout 2009)
 In shock after trauma- don’t want to/ do want to remember it
 Wait until ready for them to talk about event?–> then affected by time delay
o Frequency of event (Roberts 2004)
o Source monitoring (poole an dlindsay 2001)
 Ability to distinguish where the info comes from
 Did you actually see it happening/ experience it, or hear about it (told about it/ on news)
 Childrens ability to monitor source = poor
o Time delay

25
Q

what is autobiographical memory

A
  • Long term memory about your personal experiences
26
Q

name some other ways that memories can be affected

A
  • Status of investigator (high= want to please)
  • Nature of the crime (domestic abuse= less likely to tell as know family will be in trouble)
  • Attention (whats happening and what you are interested to know)
  • Age and cognitive ability
  • interview practise (setting, questions, how sit with child)
  • acquiescence bias
  • confirmation bias (collecting info which confirms prior belief, rather than having open mind and allowing child to tell story)
27
Q

what are the stages of interviewing according to standard protocol

A

introduction
narrative practise
substantive phase
closing

28
Q

what happens in the introduction phase of interviewing

A

o Introduction-role of the interviewer
o Purpose of the interview
o Rapport building
o Establishing ground rules

29
Q

what happens in the narrative phase of interviewing

A

o Talk about something the child likes
o Ask the child to describe a special day
o Yesterday

30
Q

what happens in the substantive phase of interviewing

A

o Transition: Why are we here today?
o Tell me everything that happened
o You mentioned XX, tell me more about that

31
Q

what happens in the closing phase of interviewing

A

o Thank the child
o Anything else the child wish to discuss
o Close the interview with a neutral topic

32
Q

why is it important to follow protocol when interviewing children

A
  • Important to have a structure- so know ensuring best practise for retrieving memory
33
Q

name some ‘dos’ of interviewing children

A

o Relaxing atmosphere
o Neutral emotion from the interviewer
o Be sensitive to the emotion of interviewee
o Neutral reinforcement
 Don’t reinforce the child on the content of what they are saying, but should reinforce on the effort
o Wait patiently during moments of silence
o Ask for clarification
o Focus on case-relevant details

34
Q

name some ‘donts’ of interviewing children

A

o Wearing uniform (police uniform)
o Having weapon
o Being too close or touching the interviewee
o Use of threat or incentives
o Staring at the interviewee
o Suggestive details not mentioned by the interviewee
o Making promises
o Ask the child to “guess/what if/pretend/imagine”
o Unclear or complicated questions
o Delay interviewing

35
Q

what can bad practise of interviewing lead to

A
  • Bad interview practice can have bad consequences- eg innocence project (too coercive, so admit something that didn’t do) or don’t get a conviction when should
36
Q

describe the police cautioning system in the UK and who it affects

A
  • Polic caution UK- caution that needs to give to anyone interviewing that they have a right to remain silent and solicit legal service if they want to and whatever they say in the interview room can be given in evidence  given to suspects and witnesses
    o Young people and non-native speakers- many double negatives in para so hard to understand
     If cant understand- how do they act with best interest of legal rights
37
Q

what is the confession rates in England

A
  • Overall confession rate in England remains close to 60% over the past 25 years (Gudjonsson, 2003).
38
Q

what affects confessions

A

Strength of evidence is a pivotal factor (Deslauriers-Varin, Lussier, & St-Yves, 2011).

39
Q

how do confession rates differ

A
  • Varies between countries e.g. in Japan, the confession rate is more than 90%
  • It is methodologically very difficult to determine which confessions are actually true/false – i.e. what is the ‘ground truth’
40
Q

what carries the most weight for convictions (kassin,2012)

A
  • Confession carries more weight than other evidence (Kassin, 2012)
41
Q

why is it important to get a correct confession

A
  • Innocents in prison/reputation etc.
  • Real perpetrator still in community
  • Reputation of police damaged
42
Q

according to Gudjonsson & Sigurdsson, 1994 how many inmates claim they made a FC

A
  • 29% of inmates said they had made a FC

- (Gudjonsson & Sigurdsson, 1994)

43
Q

according to Kkassin 2012, how may US convictions were overturned by the discovery of DNA

A
  • Of US convictions overturned by DNA, 25% FC (Kassin, 2012)
44
Q

WHAT ARE THE 3 TYPES of FC

A

Volountary false
compliant false
internalised false

45
Q

describe the volountary false confession

A

not much primpting/ pressure from police

– most in organised crime , lower ranking criminal confesses to crime didn’t do so don’t have to expose anyone higher u

46
Q

describe the compliant false confession

A

– induced by coercion- interviewee or interviewer , way to escape so agree that they did it

47
Q

describe the internalised false confession

A

highly suggestive interrogation - vulnerable suspects believe they did it in the end
Internalised- give lots of info @ beginning to build case, suspect usually have difficulties (mental usually) so confess

48
Q

who investigated
Volountary false
compliant false
internalised false

A

Volountary false= leo + ofshe 2001

compliant false
Gudjonsson and mckeith 1990
internalised false Gudjonsson and mckeith 1990

49
Q

what are the 2 factors leading people to making FC

A
  • Dispositional factors
    o Personality, age, intelligence, mental health and other disabilities
  • Situational factors
    o Features of the interview
50
Q

describe how many young people make FC according o Snyder 2006

A
  • 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).