Child testimony in custody cases: a review

The authors provide a brief historical review of judicial trends in child custody placement. In contrast to the start of the 19th century, by its end, courts took into consideration children's best interests, maternal rights, and prevailing sex role ideologies. Statutory changes began to reflect similar concerns by the end of that century. Modern practices, relying on the best interests of the child standard, also include consistent consideration of children's preferences in making custody determinations. An important factor in this context is the accuracy with which a child describes domestic relations, especially in contested cases with contradictory allegations by parents. Research dealing with children's report accuracy and techniques to enhance it are reviewed, and a description of various practical considerations when questioning children is provided.

Contrasting the perceptions of child testimony experts, prosecutors and police officers regarding individual child abuse interviews

The aim of this study was to compare and contrast the perceptions of various stakeholders regarding a series of interviews about child abuse. Eight focus groups were conducted, each involving a police officer (child abuse investigator), a prosecutor who specializes in child abuse and a child testimony expert. The aim of the focus groups was to discuss the strengths and weaknesses of the specific interviews, which were conducted by the police officer in each focus group. Thematic analysis showed that the prosecutors and child testimony experts were relatively consistent in their perceptions about the need for more free narrative from child witnesses, and to ensure that police officers demonstrate open-mindedness when interviewing children. Differences in priorities and assumptions about the value of various interview techniques, however, were found among the stakeholders. These differences and their practical implications are discussed.

O depoimento da criança no processo civil e sua valoração probatória

O presente trabalho tem por objetivo examinar um dos meios de prova oral do processo civil, que é o depoimento da criança. Diante da existência de uma certa resistência quanto à utilização e validade deste meio de prova, foram destacados argumentos de direito probatório favoráveis à tomada do depoimento infantil, como o direito à prova no sistema da prova livre e na vertente do direito de ação e defesa, além da necessária comparação com o processo penal e o destaque aos princípios da proteção integral e do superior interesse da criança, os quais foram reforçados por outros de natureza médico-psicológica, que visaram a destacar a capacidade cognitiva da criança em recordar fatos e relatá-los. Após a desconstrução do modelo de exclusão prévia do depoimento infantil, a dissertação abordou os modelos de proteção para a audição judicial da criança, para se evitar a vitimização secundária da criança e exposição desnecessária às partes, advogados e juízes. Neste particular, foram revisados os modelos inglês do closed-circuit television - CCTV e argentino da Câmara de Gesell como paradigmas para vários outros países, inclusive o Brasil que tem incentivado o depoimento sem dano. Em derradeiro, foi examinada a valoração desse depoimento da criança, tomando-se por base a justificação lógico-racional da prova consubstanciada nos módulos de constatação, ocasião em que foi possível sublinhar que a utilização dos modelos e métodos de inquirição protetivos culminam em maior credibilidade ao depoimento da criança no processo civil e proporcionam a descoberta de falsidade voluntária ou não. Também no tópico da valoração da prova, o conteúdo do depoimento infantil vai trazer maior confiança quando conjugado com elementos intrínsecos, como a coerência do discurso e a ausência de contradições, e extrínsecos, realizado na modalidade protetiva.

Improving the reliability of child witness testimony in court : the importance of focusing on questioning techniques

Considerable discussion during recent years has focused on ways to increase the reliability of child witness evidence, and reduce the negative impact of the courtroom environment on children's credibility and their psychological well-being. A large proportion of this discussion has focused on removing child witnesses from the courtroom and developing alternative arrangements by which children can give evidence (e.g., videotaped statements used as evidence-in-chief, closed-circuit television). There is no doubt that these arrangements have played a major role in reducing children's feelings of uncertainty and intimidation, and they have increased the ability of children 10 tell their stories and answer questions reliably (Cashmore 2002; Eastwood & Patton 2002). However, there are many
other factors. apart from the physical environment in which a child's evidence is elicited, that impact on the quality and accuracy of a child witness's evidence.

This contemporary comment focuses on one of the most important factors that impacts on the quality and accuracy of a child's evidence; the questioning techniques. It offers four recommendations for improving the reliability of child witness evidence in court. along with justifications for these recommendations and suggestions for bow these recommendations might be implemented. Each suggestion focuses on the impact of questioning techniques, from pre-trial questioning to questioning during the trial. It does not focus on the rules of evidence regarding child statements or the physical environment in which children's evidence is elicited.

Allegations of child sexual abuse in family court cases : a qualitative analysis of psychiatric evidence

Allegations of child sexual abuse in Family Court cases have gained increasing attention. The study investigates factors involved in Family Court cases involving allegations of child sexual abuse. A qualitative methodology was employed to examine Records of Judgement and Psychiatric Reports for 20 cases distilled from the data corpus of 102 cases. A seven-stage methodology was developed utilising a thematic analysis process informed by principles of grounded theory and phenomenology. The explication of eight thematic clusters was undertaken. The findings point to complex issues and dynamics in which child sexual abuse allegations have been raised. The alleging parent’s allegations of sexual abuse against their ex-partner may be: the expression of unconscious deep fears for their children’s welfare, or an action to meet their needs for personal affirmation in the context of the painful upheaval of a relationship break-up. Implications of the findings are discussed.

A review of the impact of different types of leading interview questions on child and adult witnesses with intellectual disabilities

Children and adults with intellectual disabilities have traditionally been considered poor witnesses because they are easily misled and produce less accurate information in interviews when compared with individuals without intellectual disabilities. However, witnesses’ levels of accuracy depend on the types of questions that they are asked, such as whether they are open or closed and whether they contain misleading information. In the current systematic review, we examined the literature investigating the different types of misleading questions commonly used in interviews, and their influence on the memories of adults and children with and without an intellectual disability. Thirteen articles that met inclusion criteria were reviewed. It was found that, compared with other question types, open and closed questions that presumed certain information to be true elicited the greatest number of errors in children and adults with intellectual disabilities compared with other question types. These findings reinforce the notion that the onus is on interviewers – particularly when interviewing vulnerable witnesses – to avoid leading questions that presume information that may not be true.

Mock jury attitudes towards credibility, age, and guilt in a fictional child sexual assault scenario

Low conviction rates of child sexual assault (CSA) remain a persistent social problem in Australia. One reason for this may be the impact of attitudes regarding the victims when the evidence is weak. This article examines the effects of victim age on perceptions of credibility and verdict in a CSA case. Eleven electronic focus groups deliberated a fictional CSA case, in which the age of the child was systemically varied between 6 and 15 years. Deliberation transcripts were analysed with NVivo (Version 9, QSR International Pty Ltd., Burlington, MA, USA), from which thematic clusters were derived. Results showed that as the child's age increased, credibility and guilty verdicts decreased. In addition, testimony alone had little impact in influencing the verdict. These findings suggest that in lieu of corroborating evidence, increasing supporting information, such as expert testimony, and providing structured deliberation for the jury may reduce the influence of victim blame, particularly when the child victim is older.

Attitudes towards younger and older victims of child sexual assault

The findings of this thesis showed that while mock jury groups perceived older children as less credible, other factors such as lack of evidence and testimony were important considerations in the determination of guilt.

Sources of unreliable testimony from children

We distilled research findings on sources of unreliable testimony from children into four principles that capture how the field of forensic developmental psychology conceptualizes this topic. The studies selected to illustrate these principles address three major questions: (a) how do young children perform in eyewitness studies, (b) why are some children less accurate than others, and (c) what phenomena generate unreliable testimony? Throughout our research, our focus is on factors other than lying that produce inaccurate or seemingly inconsistent autobiographical reports.Collectively, this research has shown that (a) children’s eyewitness accuracy is highly dependent on context, (b) neurological immaturity makes children vulnerable to errors under some circumstances, and (c) some children are more swayed by external influences than others. Finally, the diversity of factors that can influence the reliability of children’s testimony dictates that (d) analyzing children’s testimony as if they were adults (i.e., with adult abilities, sensibilities, and motivations) will lead to frequent misunderstandings. It takes considerable knowledge of development—including information about developmental psycholinguistics, memory development, and the gradual emergence of cognitive control—to work with child witnesses and to analyze cases as there are many sources of unreliable testimony.

Midwife's testimony, Bristol Co. Massachusetts, 1727

Manuscript testimony, dated April 11, 1727, regarding the declaration of the paternity of a child out of wedlock born to Charity Caswell, probably in January of 1727. Signed by midwife Mary Crossman; also by Sarah Dean and Elizabeth Caswell.

Social security revision : hearings before the Committee on Finance, United States Senate, Eighty-first Congress, second session, on H. R. 6000, an act to extend and improve the Federal old-age and survivors insurance system, to amend the public assistance and child welfare provisions of the Social Security Act, and for other purposes.

Pt. 1. has special subtitle: Testimony and recommendations by the Social Security Administration.

The social security program. An analysis of the Federal social security act and the testimony preceding its passage with special application to Kansas.

sect. 1. Old-age pensions, federal old-age benefits, aid to dependent children, maternal and child welfare, aid to crippled children, vocational rehabilitation, aid to the blind, public health, unemployment compensation.--sect. 2. Unemployment compensation, federal old-age benefits.

Picture this:researching child workers

Visual methods such as photography are under-used in the active process of sociological research. As rare as visual methods are, it is even rarer for the resultant images to be made by rather than of research participants. Primarily, the paper explores the challenges and contradictions of using photography within a multi-method approach. We consider processes for analysing visual data, different ways of utilising visual methods in sociological research, and the use of primary and secondary data, or, simple illustration versus active visual exploration of the social. The question of triangulation of visual data against text and testimony versus a stand-alone approach is explored in depth.