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.

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.

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.

Improving the evidential quality of child witness statements about sexual abuse

 Child sexual abuse cases are often not prosecuted because of poor evidential quality of the visually recorded investigative interview. This thesis examined prosecutors’ perceptions of interviews and took a constructive approach to determine how the evidential quality and usefulness of interviews could be improved.

Prosecutors’ perceptions on improving child witness interviews about abuse

This edited volume reviews the latest research on investigative interviewing in order to provide insights on the psychological processes of the person being interviewed as well as to offer guidelines for conducting credible and useful ...

Guidance on interviewing child witnesses in Scotland

The guidance was commissioned from Dr Amina Memon and Lynn Hulse at Aberdeen University. Their work was overseen by a steering group with representatives from the Scottish Executive Justice Department, the Crown Office and Procurator Fiscal Service, NCH Scotland, the Association of Chief Police Officers in Scotland, the Association of Directors of Social Work, the Law Society for Scotland, the Scottish Association of Community Child Health and the Scottish Children’s Reporter Administration. A full list of those involved is given in the Appendix C. pt. 1. Guidance on interviewing child witnesses in Scotland -- pt. 2. Guidance on the questioning of children in court -- pt. 3. Lord Justice-General's memorandum on child witnesses: appendix to Guidance on the questioning of children in court -- pt. 4. Guidance on child witness court familiarisation visits -- pt. 5. Information about child, young and vulnerable adult witnesses to inform decision-making in the legal process: good practice guide -- pt. 6. Code of practice to facilitate the provision of therapeutic support to child witnesses in court proceedings -- pt. 7. Guidance on the conduct of identity parades with child witnesses.

What criteria do police officers use to measure the success of an interview with a child?

This study used a mixed-methods approach to explore the perceptions of a heterogeneous sample of 75 police interviewers regarding their performance in a mock interview with a 5-7-year-old child. Each officer recruited for this study was authorised to conduct investigative interviews with children. Specifically, we explored how the officers' perception of what makes a good interview differs depending on their background experience and their (perceived and actual) ability to adhere to best-practice interview guidelines. Overall, the officers' perceptions of what constitutes an effective interview were not entirely consistent with those held by experts in forensic interviewing. The majority of the interviewers perceived that the locus of control in the interview rested primarily with the child and/or the environmental setting. In contrast, experts tend to place the central onus of responsibility for the outcome of an interview on the skill of the interviewer in using open-ended questions. Several possible explanations for, and the implications of, these findings are discussed.

The effect of intellectual disability on the adherence of child witnesses to a “story grammar” framework

BackgroundThis study examined the ability of 78 children (aged 9–12 years) with an intellectual disability (ID) to provide a narrative account of a staged event they had participated in four days earlier.
MethodThe children were interviewed using open‐ended questions. The quality of their responses (using a story grammar framework) was compared with that of two control groups: mainstream children matched for mental and chronological age.
ResultsWhile the children with an ID and those matched for mental age provided narratives of similar length and used similar proportions of each story grammar element, the ID group was less likely than both control groups to provide a narrative account at all. Among those children with an ID who did provide a narrative account, their accounts included proportionately fewer story grammar elements than those of both control groups.
ConclusionChildren with an ID are disadvantaged as witnesses with respect to their ability to provide a detailed and coherent narrative account of events under optimal investigative interviewing conditions.

Evaluation of the questions used to elicit evidence about abuse from child witnesses : Australian study

This study provides one of the first objective evaluations of the performance of a group of Australian police officers when conducting interviews about child abuse. The interviews included 136 videotaped child witness statements, conducted between 2001 and 2007 by police officers from two jurisdictions of Australia. The results indicated many positive aspects of the interviewers' performance, including the use of ground rules at the outset of the interview, commencement of the free-narrative account by seeking the children's understanding of the purpose of the interview, and avoidance of suggestive questions. But the interviewers tended to raise issues of contention when the child did not provide an initial disclosure, and the proportion of open-ended questions was low relative to specific cued-recall and closed questions. Further many closed questions raised specific details not yet mentioned by the child. These behaviours were exhibited irrespective of the recency of interview or time since training. The implications of these findings are discussed.