Final Exam Flashcards
(154 cards)
What were the most famous early childhood maltreatment cases in the U.S.
Wee Care Margaret Kelley Michaels, McMartin Preschool, Kern County, CA
What were the features of early cases
Highly suggestive interviewing techniques, allegations of widespread child abuse with bizarre features like satanic rituals and child sacrifice, people imprisoned based solely on children’s testimony
Traditionalist perspective
Pre-19070. Did not value children and rights. Did not think children could be helpful in court because early research shows they forget a lot and are prone to incorporating fantastical ideas
What caused a shift from the traditionalist to revisionist perspective
Children valued more in society. legislation like CAPTA and mandated reporting passed
Revisionist perspective
Children can be helpful and we should respect their abilities to talk about what happened. They cannot be wrong when it comes to things that happened to their body, so we should always believe them and it is okay to use suggestive techniques, especially because they will be reluctant
What caused the shift fro the revisionist perspective to the current view
- Early high profile cases- are children always accurate if they’re coming up with these fantastic claims with no evidence 2. Literature review by Ceci and Bruck shows that children can be influenced by suggestive interview techniques. Interviewers are responsible for how they talk to to children
Current View
Children can be reliable witnesses, but we cannot overestimate their abilities. Interviewers are responsible for talking to them in a way that gets an accurate and complete disclosure. They need to take the child’s abilities and limitations into account and use a child-centered approach
Believability
In psychology, a measure of accuracy, but not an objective measure in law
Competency
Witness has the ability to observe, remember, communicate, and tell the truth
2 types of competency
basic and truth-lie
What is tied to an increase in honesty
Asking children to promise to tell the truth. Truth-lie comprehension tests do not lead to an increase in honesty
Who determines competency
the judge
Credibility
Subjective juror opinion on whether children’s statements are believable
Reliability
statements are consistently good in quality or performance; should be able to be trusted
Beyond the ken of the jury
expert witness must have information beyond what the average juror would know
Hearsay
a statement made prior to court proceedings that is repeated in court
3 hearsay components
1) statement describing an event 2) statement made prior to court proceedings, where it is repeated 3) statement repeated to prove what person said actually happened
Why is hearsay usually inadmissible
you cannot cross-examine the person that made the hearsay statement in court
3 main exceptions to hearsay rule
excited utterance, medical diagnosis and treatment, and residual hearsay exception
excited utterance exception
describes a startling event; made when child is under emotional stress caused by event. some factors considered: child’s speech pattern, amount of time between event and disclosure, spontaneity of statement
medical diagnosis and treatment exception
statements made to medical professionals about medical history, present symptoms, pain and other sensations, and cause of illness or injury. needs to be made with motive to obtain diagnosis or treatment, with understanding that level of honesty can affect treatment and well-being
residual hearsay exception
Residual hearsay exception: reliable hearsay that doesn’t fit into other hearsay categories. Some factors considered are spontaneity, consistent statements, developmentally unusual sexual knowledge, and idiosyncratic detail.
types of questions
open-ended recall prompts, focused questions, recall-detailed questions, option-posing questions, and suggestive prompts
open-ended prompts
Invitations to talk about an experience. Elicit info from free-recall memory. Ex. Tell me everything that happened