365 resultados para Witnesses.


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Eliciting disclosures of abuse from children is a challenging skill that requires considerable practice, feedback, training and instruction. While there is an abundance of literature outlining what constitutes best practice interviewing of children, there has been little discussion, in particular, of investigative interviewers’ limitations when applying best practice interview guidelines to elicit disclosures of abusive acts. This paper assists police by identifying common problems of child investigative interviewers when eliciting disclosures (N = 131) and provides alternate questioning strategies. The results support the need for further training to be developed to ensure better adherence to best practice guidelines in relation to all aspects of eliciting a disclosure from children.

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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.

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Two separate studies examined whether the cognitive interview – an interview with embedded mnemonics –enhanced children’s eyewitness accounts. Study 1 found that modifying a mnemonic from a verbal cue to a drawing did not augment memory but protected against suggestive questions. Study 2 found the interview enhanced the coherency of children’s’ account.

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Correctly determining witness credibility is integral to a fair trial. Assessments of credibility made by the triers of fact are made, amongst other things, by reference to behavioural stereotypes that are commonly thought to be associated with lying and truth-telling. These stereotypes are worthless but pervasive. In this study, potential jurors were given information such as would be given by way of judicial direction and/or expert testimony on those behavioural indicia that are useful in detecting deception. Major changes in perceptions of what does and does not work were found. This has significant implications for the conduct of criminal trials. Recommendations are presented which, it is argued, can be of real, practical, assistance in enabling decision-makers to assess the credibility of witnesses. © 2013 The Australian and New Zealand Association of Psychiatry, Psychology and Law.

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Vulnerable witnesses (e.g. children and adults with communication impairment) face many barriers to testifying and achieving justice when participating in the criminal justice system. To date, reforms have been implemented in Australia to address these, yet the barriers remain. Several other countries have implemented an intermediary scheme, whereby an independent third party assists vulnerable witnesses to understand the questions and processes encountered during interviews and trials, and helps witnesses to be understood. This study provides a qualitative analysis of stakeholders' (N = 25 professionals) perceptions regarding the potential benefits of implementing an intermediary scheme in Australia. While all participants demonstrated an open-minded attitude to new reform in this area, their perspectives did not support the introduction of an intermediary scheme at this time. Stakeholders highlighted the need for improved use and effectiveness of current measures, and expressed concern about adding further complication to the system.

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Mental health professionals assist Australian courts and tribunals with explanations about human behaviour and mental processes related to offending behaviour. Contrary to other witnesses who are only allowed to give evidence in relation to what they directly heard or saw, mental health professionals are allowed to express opinions because they are recognised as expert witnesses with specialised knowledge. However, in Australia at least, little is known about how these expert witnesses are chosen and how they meet the requirements of possessing “specialised knowledge”. In this article, we provide a brief history of expert witnesses in the courtroom, including the use of psychologists as expert witnesses. We then highlight some of the concerns that legal professionals have raised about psychologists as expert witnesses in the limited number of studies that have been conducted in Australia, the United States, and the United Kingdom. Finally, we raise questions about how psychologists are chosen to be expert witnesses in Australia and introduce directions for future research.

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Mode of access: Internet.