Criminal processes and investigative procedures : Victoria and Commonwealth

This book is designed to be a useful and practical tool for both students and legal practitioners alike. In addition to focusing on the recently enacted Criminal Protective Act 2009, this text also highlights other key aspects of the criminal processes.

A controlled analysis of professionals' contemporaneous notes of interviews about alleged child abuse

Objective : The current study investigated (under optimal conditions) the accuracy and completeness of professionals’ contemporaneous written notes of child abuse interviews.
Method : Participants included 107 experienced child abuse investigators who were all trained to adhere to best-practice interview guidelines and who routinely took notes as records of interviews. The interviews documented for this study were read live for 15 min duration, and at a pace of 2.2 words (on average)/s. The professionals’ notes of the interviews were analyzed for completeness and accuracy. Key outcome measures were the prevalence and discernability of the questions (i.e., whether the structure of questions was recorded accurately) as well as the child responses.
Results : Despite the omission of 39% of abuse-related details, recording of content details was clearly prioritized over interviewer questions. This was revealed irrespective of the measure of note taking quality or the quality of the interview being recorded. Of the various layout styles employed, scrutiny of interviewer questions was maximized by: (a) using symbols or spacing to delineate questions and responses, (b) capturing the first two words of a question, and (c) using abbreviations.
Conclusions : Although note taking could potentially improve with further research, training and instruction, this form of documentation does not provide full scrutiny of the interview process, even under optimal conditions.
Practice implications : Electronic recording is strongly recommended for all interviews, especially considering global concerns about interviewers’ adherence to best-practice interview guidelines. If notes continue to be used as a record of interview, further research and training are urgently warranted to improve note taking competency.

Improving the legal aspects of police interviewing of suspects

The purpose of this paper is to provide some guidance to police interviewers and trainers in relation to improving the legal aspects of police questioning of suspects. The paper is written with reference to Victorian legislation. Sixteen professionals (defence barristers, academics, prosecutors, and detectives), all with extensive knowledge of the law and experience evaluating police interviews with suspects, took part in individual indepth interviews (M ¼ 100 minutes). The aim of the interviews was to discuss the limitations of police interviews with suspects and to provide exemplars of concerns from a set of de-identified transcripts that had been provided to the professionals prior to their interviews with us. Overall, four key limitations were raised: (a) inadequate particularisation of offences, (b) inappropriate phrasing of questions, (c) poor introduction of allegations, and (d) questions that unfairly ask the suspect to comment on the victim’s perspective. These concerns and their practical implications are discussed.

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.

Errors in the identification of question types in investigative interviews of children

This study examined the incidence and nature of the errors made by trainee coders during their coding of question types in interviews in which children disclosed abuse. Three groups of trainees (online, postgraduate and police) studied the coding manual before practising their question coding. After this practice, participants were given two-page field transcripts to code in which children disclosed abuse. Their coding was assessed for accuracy; any errors were analysed thematically. The overall error rate was low, and police participants made the fewest errors. Analysis of the errors revealed four common misunderstandings: (1) the use of a ‘wh’ question always denotes a specific cued-recall question; (2) ‘Tell me’ always constitutes an open-ended question; (3) open-ended questions cannot include specific detail; and (4) specific questions cannot elicit elaborate responses. An analysis of coding accuracy in the one group who were able to practise question coding over time revealed that practice was essential for trainees to maintain their accuracy. Those who did not practise decreased in coding accuracy. This research shows that trainees need more than a coding manual; they must demonstrate their understanding of question codes through practice training tasks. Misunderstandings about questions need to be elicited and corrected so that accurate codes are used in future tasks.

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.

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.