An analysis of police officers decisions about whether to refer cases of child abuse for prosecution

In many jurisdictions, police officers are responsible for deciding whether cases of child abuse are referred for potential prosecution. Such discretion justifies the need to scrutinise these professionals' decisions to determine if they are consistent with the scientific eyewitness memory literature. Prior research has shown that interviewer questioning is one of the most critical factors impacting the reliability of child witness statements. Hence, we asked: 'To what degree do officers' consider the quality of interviewer questions when making case authorisation decisions?'. In order to answer this question, we conducted a thematic analysis to identify issues referred to in a sample of documented police correspondence (n=33) about potential prosecution of child abuse cases. Two key themes emerged: the existence of corroborative evidence and whether the suspect denied the allegations. Questioning technique, however, was not considered. All but one decision that referred to interview process focused on the presentation of the witness, even though the witness interviews (as a whole) did not adhere to recommended best-practice guidelines. The implications of these findings are discussed.

Mental reinstatement of context with child witnesses : does it matter whether context is reinstated 'out loud'?

In this study we examined the impact of two types of mental reinstatement of context instructions in facilitating children's recall of a staged event across two stages of development. Specifically, a 2 times 3 factorial design was utilised incorporating two age groups (6- and 12-year-olds) and three interview conditions (standard recall, mental reinstatement where the child was instructed to reinstate the context 'out loud', and mental reinstatement without the explicit 'out loud' instruction). Overall, mental reinstatement instruction led to more correct and fewer incorrect responses than the standard recall instruction. The effect of mental reinstatement was similar across the age groups and irrespective of whether the child was asked to reinstate 'out loud'. Beneficial effects of the technique, however, were only evident for cued-recall questions as opposed to free-narrative responses. The implications of these findings and directions for future research are discussed.

Enhancing narrative coherence in simulated interviews about child abuse

Purpose – Simulated child interviews, where adults play the role of a child witness for trainee investigative interviewers, are an essential tool used to train investigators to adhere to non-leading, open-ended questions. The aim of this study is to examine whether the use of a training procedure that guides persons playing the role of a child in simulated interviews results in interviewees producing more coherent narratives (measured by the number of story grammar details).

Design/methodology/approach – A total of 80 police officers individually engaged in ten-minute interviews, whereby an untrained (colleague), or trained respondent, played the role of the child interviewee. For each child respondent condition, the interviews varied according to child age (five or eight years).

Findings – As predicted, trained respondents reported a higher proportion of story grammar elements and a lower proportion of contextual information than the untrained respondents, as well as more story grammar elements in response to open-ended questions. However, there were limitations in how well both groups tailored their story grammar to the age of the child they were representing.

Originality/value – These findings demonstrate that our training procedure promotes a more coherent interviewee account, and facilitates a response style that is more reinforcing of open-ended questions.

Professionals’ views on child sexual abuse attrition rates

Child sexual abuse cases often do not result in convictions; this attrition is due to factors inside and outside the control of the justice system. The aims of the current study were to: (1) establish the most important factors in contributing to the attrition of child sexual abuse; and (2) suggest ways to reduce the attrition associated with these factors. This study focused on system improvements to determine where efforts should be prioritised. The research approach consisted of in-depth interviews with 31 professionals from various disciplines (including police, judges, child welfare officers, doctors and psychologists). The interviewees represented a diverse group of professionals offering unique perspectives. Thematic analysis revealed five broad areas requiring focus for improvement and further reform: greater specialisation, facilitating the accessibility of services, making the trial process more user-friendly, overcoming misinformed beliefs and adequate representation of child sexual abuse. These areas, along with professionals’ practical recommendations, are discussed.

Prosecutors' perspectives on clarifying terms for genitalia in child sexual abuse interviews

In investigative interviews with alleged victims of child sexual abuse, professionals must establish the nature of the alleged abuse by determining what body parts were involved in the offending. This can be difficult, however, because children often use colloquial (non-anatomical) terms to describe genitalia, and there has been little direction for interviewers about clarifying these terms sufficiently to establish the charge. The aim of this study was to address the need for guidance from prosecutors about the level of clarity in terms required from a legal perspective, and how this clarity can be achieved. A focus group of nine prosecutors (representing all but one Australian State and Territory) were asked to consider what degree of clarity in terminology for genitalia was adequate and how such clarity could be achieved. Thematic analysis revealed that a reduction in specific questioning around genitalia would improve the usefulness of investigative interviews with children from a legal perspective. Recommendations for improving interviews about abuse with child witnesses are discussed. © 2014 The Australian Psychological Society.

Australian prosecutors perceptions of the utility of child investigative interview protocols

Investigative interviews with alleged victims form the central plank of evidence in the prosecution of child sexual abuse. Despite interviewers being provided with a guiding framework, child sexual abuse cases are often not prosecuted because of poor-quality evidence. The purpose of this study was to elicit feedback from prosecutors about the structure and format of current interview protocols and the ways in which these could potentially be improved from an evidential perspective. Focus group discussions (ranging in length from 180 to 190 minutes) were conducted with 13 Crown prosecutors representing every jurisdiction of Australia. Thematic analysis of the focus group discussions revealed that prosecutors were supportive of the structure of interview protocols, however, concerns were raised about four of the interview elements. These elements were the oath and truth–lie competency test, the ground rules, the practice narrative and eliciting a disclosure. The prosecutors’ concerns and their implications for protocol developers and trainers are discussed.

A guide to clarifying evidence in Australian child forensic interviews

Purpose – Interviewing victims of child sex abuse requires considerable care in order to minimise error. Due to children’s heightened suggestibility any question asked of a child could potentially incite error that could undermine the witness’s credibility. A focus group was conducted in order to facilitate the development of guidance for interviewers around the circumstances in which it is necessary to ask children follow-up questions in an interview. The paper aims to discuss these issues.

Design/methodology/approach – Seven Crown prosecutors representing every Australian state and territory (with the exception of one small state) were issued with 25 hypothetical narrative accounts of child abuse and asked to indicate what information, if any, required follow-up in the child’s narrative. Their responses and rationale for requiring following up in some cases and not others were discussed.

Findings – Thematic analysis revealed three recommendations to guide questioning: whether the case involved identification or recognition evidence; the presence of contextual features that may influence the witness’s memory, or that should trigger a particular line of questioning; and whether the information can or should be sought at a later stage by the trial prosecutor, rather than by the interviewer. Practical implications – The recommendations are discussed within the context of their implications for interviewing, that is, how each recommendation could be implemented in practice.

Originality/value – The present study extends prior literature by elucidating principles to guide decision making across interview topic areas. The need for such guidance is highlighted by research suggesting that topics such as offender identity, offence time and place, and witnesses are a source of overzealous questioning in interviews.

La credibilidad del testimonio infantil ante supuestos de abuso sexual: indicadores psicosociales

La present tesi doctoral estudiarà la temàtica de la credibilitat del relat que els menors presumptament abusats expressen dels fets, en base a l'anàlisi del contingut del seu relat. Fins al moment, la prova que s'utilitza, anomenada CBCA és fonamentalment d'orientació cognitiva, desconsiderant del seu anàlisi, els possibles criteris psicosocials que els menors expressen. Així, la present tesi, a més d'estudiar la prova CBCA, proposa l'utilització d'indicadors psicosocials que, efectivament, són expressats en el relat dels presumptes fets i que, en base a l'anàlisi mètric pertinent, ens permeten presentar-los com a vàlids per a diferenciar relats creíbles, d'aquells relats inventats o falsejats. La part teòrica de la tesi, presenta un exhaustiu recull de les recerques més significatives sobre les següents temàtiques: la credibilitat, l'instrument CBCA, els factors que influeixen en el testimoni infantil i els indicadors psicosocials de credibilitat. La part empírica, en base a un disseny observacional-correlacional i amb una mostra de casos reals treballats a la seu de l'Equip d'Assesorament del Jutjats de Girona, durant els anys 2000-2001, presenta l'estudi i anàlisi del CBCA, criticant les limitacions importants que presenta aquest instrument i, naturalment, proposant l'incorporació dels indicadors psicosocials com a criteris per la diferenciació dels relats. Es realitza un complert anàlisi mètric i es comprova l'increment de la qualitat psicomètrica (fiabilitat, validesa, discriminació de ítems) del nou instrument proposat amb els indicadors psicosocials presentats: el secret, relació dependent-envolvent, progressió en l'abús, normes de conducta, símptomes psicològics, favors i regals.

Evaluation of the usefulness of 'Marvin'; a computerized assessment tool for investigative interviewers of children

This study examined the usefulness of a computerized developmental assessment tool, designed to provide investigative interviewers with knowledge about children's understanding of spatial, temporal, numerical, and color terms that may be relevant to the forensic setting. Specifically, the effect of the computer program (compared to a standard verbal and no assessment) was examined on 4- to 5-year-old children's recall of an independent event and their enjoyment of the interview process. In addition, children's performance on the computerized and verbal developmental assessment was compared with their performance when recalling the independent event. Overall, the children rated the assessment conducted on computer more favorably than the verbal assessment. Further, the verbal assessment elicited responses that were more consistent with their responses about the event than the computerized assessment. However, there was no difference in the accuracy and detail of children's responses about the independent event, irrespective of whether the children received the computerized or verbal assessment, or no assessment. Directions for future research are discussed.

Does the cognitive interview promote the coherence of narrative accounts in children with and without an intellectual disability?

We examined whether the cognitive interview (CI) procedure enhanced the coherence of narrative accounts provided by children with and without intellectual disabilities (ID), matched on chronological age. Children watched a videotaped magic show; one day later, they were interviewed using the CI or a structured interview (SI). Children interviewed using the CI reported more correct details than those interviewed using the SI. Additionally, children interviewed using the CI reported more contextual background details, more logically ordered sequences, more temporal markers, and fewer inconsistencies in their stories than those interviewed using the SI. However, the CI did not increase the number of story grammar elements compared with the SI. Overall children interviewed with the CI told better stories than those interviewed with the SI. This finding provided further support for the effectiveness of the CI with vulnerable witnesses, particularly children with ID.

An examination of police officers' beliefs about how children report abuse

The aim of this study was to examine police officers’ beliefs about how children report abuse. Fifty-two officers read transcripts of nine interviews, which were conducted with actual children or adults playing the role of the child witness. Officers indicated whether they thought the interviews were with an actual child and justified their decisions. In-depth interviews were conducted to determine the reasons behind their decisions. Overall, officers’ decisions were no better than chance. When making these decisions, officers focused on three areas: whether they considered the child's language to be age-appropriate, whether they thought that the content of the statement was plausible, and whether they thought that the child had acted in a manner consistent with recollecting a traumatic event. The findings suggest that the characteristics officers rely on when evaluating children's statements of abuse are not reliable indicators. They suggest that officers’ beliefs about these statements need to be challenged during training to reduce the effects of those beliefs on their later decisions.

Does extensive free narrative prompting minimise the effect of mental reinstatement on children's recall of events?

The effect of mental reinstatement on children's recall is unclear. One factor that may impact its effectiveness is the degree to which interviewers prompt children during an interview. We examined whether interviewers’ degree of narrative prompting moderated the effect of mental context reinstatement during children's recall of a staged event. Younger and older children were interviewed 7–10 days after the event. Half were told to mentally reinstate the context and half were not. In a fully crossed design, half also received extended narrative prompting during the interview and half did not. We predicted that extensive narrative prompting should reduce any observable benefit of mental reinstatement, especially for older children. However, mental reinstatement had no beneficial effect on recall performance. It is possible that methodological differences, low statistical power, and a small effect size may have reduced the observable benefit of mental reinstatement in comparison to other studies. Overall, the findings of this study suggest that until further research can clearly define the parameters in which mental reinstatement is useful, and therefore produce findings with greater consistency across studies, there is little support for its use in investigative interviews with child witnesses.

Release:A Theatre of Witness Documentary

‘RELEASE’ a documentary by Declan Keeney

Everyone has a past; but should they be defined by it? The legacy of the conflict in Northern Ireland weighs heavily on many of those who experienced it. The pain and loss is as relevant today as it was 30 years ago. The act of remembering itself can be a difficult and dangerous journey. The documentary film 'Release' shot and directed by Declan Keeney explores the life stories of six remarkable men, told in their own words and in their own way through an original Theatre of Witness production of the same name that toured Northern Ireland and the Border Counties in 2012. The film explores themes of forgiveness, remembering and the pain of living with our ever-present past.
With great courage and conviction, a former RUC detective, a former Prison Governor, a former British soldier, two ex-prisoners and a community activist who survived a car bomb as a child come together across the sectarian divide to create a group of men working for peace. Their journey is at times heart breaking, extraordinary, breathtakingly brave but ultimately transformational. It is a story of survival, but most importantly it is their story and in their own words.

Improving the quality of professionals’ contemporaneous notes taken during interviews about alleged child abuse

The current study explored the effectiveness of note-taking instructions to increase the completeness and accuracy of professionals’ contemporaneous written notes of child abuse interviews. Police members had their base-line note-taking assessed before receiving brief instructions focusing on layout style, abbreviations, and question codes. Participants’ note-taking was reassessed immediately post-instruction and again at follow-up, 4 weeks later. Instructions increased the number of questions that participants recorded and the information that they recorded about question structure. These increases in question information did not occur at the expense of witness response information. Instructions encouraged participants to use more abbreviations and question codes and to use a clearer layout style to differentiate questions and responses. Instructing professionals in simple note-taking strategies immediately increased the completeness and accuracy of their notes. However, electronic recordings remain the most effective method of ensuring complete and accurate interview notes.