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.

The makings of a reliable interview with a child witness

This paper briefly describes four essential elements of interviews involving children, where the primary goal is to obtain detailed and accurate information about an event (e.g., an alleged incident of sexual abuse). These elements include (a) the establishment of a good rapport with the child, (b) a clear description of the purpose and ground-rules of the interview, (c) objectivity and open-mindness, and (d) effective questioning skills. A rationale for the importance of each of these elements and practical recommendations are offered.

'The witness who saw, /He left little doubt' : a comparative consideration of expert testimony in mental disability law cases in common and civil law systems

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (cherry picking evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The paper details threats to competent expert testimony in a comparative law context - in both the common law (involuntary civil commitment laws and risk assessment criminal laws) and, more briefly, civil law. We conclude that teleology, pretextuality, and sanism have an impact upon judicial decision making in both the common law and civil law. Finally, we speculate as to whether the new United Nations Convention on the Rights of Persons with Disabilities is likely to have any impact on practices in this area. Copyright © 2009 John Wiley & Sons, Ltd.

An examination of the association between interviewer question type and story-grammar detail in child witness interviews about abuse

Objective : This study compared the effects of open-ended versus specific questions, and various types of open-ended questions, in eliciting story-grammar detail in child abuse interviews.
Methods : The sample included 34 police interviews with child witnesses aged 5–15 years (M age = 9 years, 9 months). The interviewers’ questions and their relative sub-types were classified according to definitions reported in the child interview training literature. The children's responses were classified according to the proportion of story grammar and the prevalence of individual story grammar elements as defined by Stein and Glenn (1979).
Results : Open-ended questions were more effective at eliciting story grammar than specific questions. This finding was revealed across three age groups, two interview phases and irrespective of how question effectiveness was measured. However, not all types of open-ended questions were equally effective. Open-ended questions that encouraged a broad response, or asked the child to elaborate on a part of their account, elicited more story-grammar detail compared to open-ended questions that requested clarification of concepts or descriptions of the next (or another) activity or detail within a sequence.
Conclusions : This study demonstrates that children's ability to provide story-grammar detail is maximised when there is minimal prompting from the interviewer.
Practical implications : Given the association between story grammar production and victim credibility, greater guidance is warranted in interviewer training programs in relation to the effects and administration of different types of open-ended questions.

Prosecutors' recommendations for improving child witness statements about sexual abuse

Child sexual abuse cases are often not prosecuted because of poor evidential quality. The aim of this study was to elicit suggestions from prosecutors as to how investigative interviews with child witnesses (the main form of evidence in child abuse cases) could be improved. Thirty-six in-depth phone interviews were held with 19 trial prosecutors shortly before and after trials. For each case, prosecutors were asked to provide feedback about the strengths and limitations of the child witness interviews, along with suggestions for how the interviews could have been improved. Thematic analysis revealed three broad areas for improvement: the need for tighter focus on the elements of the offence, better clarification of inconsistencies and ambiguities in the account, and greater consideration of how the child presents in the eyes of the jury. These areas, along with the prosecutors' practical suggestions, are outlined. The paper concludes with a discussion of the implications of these findings for trainers in child witness interviewing.

Behind the eyes: poetry of witness

 A review of Susie Utting's poetry collection, Flame in the Fire, 2012.

The silent witness: art as a mode of representation of voices and visions of how,as a woman, I build borders and bridges in enacting my identit(ies)

Feminist theorists unveil how women negotiate their identities within complex entanglements of social constructs such as race, ethnicity, religious belief and practices, cultural tradition, and values. Feminist artists use subjective experiences that shape representation and performativity in empowering women to have a ‘voice’. In this paper, I focus on ‘breaking silences’ through series of my artworks (as part of my PhD research) that represent self-narratives as subjectivities of life experiences, contingencies, and cultural shifts through migration transitions as new ways of figuration and reflection on such issues. I look through discourses of gender differences, nomadic subjectivity, and new ways of figurations (Braidotti 2011, 10) and the affect theory (Gregg and Seigworth 2010), and the concept of giving ‘voice’ (Berlant 2011). Such discourses frame how I interrogate and represent my gendered identities.

A prosecutor's guide to improving child witness interviews about alleged sexual abuse: a view from the Australian context

Child sexual abuse (CSA) cases are often not prosecuted because of poor evidential quality of the investigative interview, the central plank of CSA investigations and prosecutions. The current paper addresses the need for further direction about how investigative interviews can better meet the needs of prosecutors by presenting a transcript of interview with an experienced Crown prosecutor. In the interview, we asked the prosecutor to explain what information is required, and how information should be elicited from a prosecution perspective. The transcript was then distributed to nine Crown prosecutors who were invited to reflect on the propositions made in the transcript and indicate any areas where the prosecutor’s views were not consistent with their own. The nine prosecutors then met as a group and agreed on amendments to the transcript to ensure it was representative of their views. We present the final transcript (with amendments) as a tool for interviewers and trainers.

An Overview of Current Initiatives to Improve Child Witness Interviews about Sexual Abuse

This comment provides an overview of the main barriers to eliciting quality evidence from child witnesses in sexual abuse cases and recent attempts within several Australian jurisdictions to overcome these barriers. The comment takes a constructive approach. Recommendations relate to five themes: adoption of a narrative framework, quality of training, interviewer workplace climate, prosecutor feedback, and ongoing case tracking and evaluation. While the focus is on child witnesses, the recommendations also apply to other vulnerable witnesses and adults.

Facilitating child witness interviews' understanding of evidential requirements through prosecutor instruction

Prosecutors report that the evidential usefulness of child witness statements about abuse is often limited by unnecessary interview content and excessive length. Prior research indicates that this limitation may be attributed to a mismatch between interviewers' and prosecutors' understandings of the legal requirements of an interview. The aim of this study is to examine whether differences in the evidential qualities that are perceived as important by prosecutors and interviewers can be reduced through simple instruction. Five prosecutors and 33 interviewers completed a written exercise wherein participants were required to identify what aspects of information required follow-up in five hypothetical narrative accounts of abuse. Twenty of the interviewers had (prior to completing the exercise) received prosecutor instruction on the requirements of interviews in terms of the elements and particulars of sexual offences, and the manner in which necessary information is best elicited in an interview (from a legal perspective). The responses to the exercise of interviewers who had and had not received prosecutor instruction were compared. The results indicated that interviewers who had received instruction were more consistent with prosecutors in their responses to the exercise. The importance of these findings, and directions for future research, are discussed.