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97 Cards in this Set
- Front
- Back
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History of child witnesses attitudes |
The prevailing legal attitude toward child witnessed for the following 300 years was that of skepticism Reviews from this time seemed to conclude that young children were highly suggestible and had diff separating fact from fantasy thus were capable of providing inaccurate testimony |
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4 factors that led to the renewed interest in child witnesses |
Expert psychological testimony was becoming more acceptable in the courtroom Social scientists were interested in reseach that could be applied to real world problems Studies on adult eyewitness testimony was increasing The legal community became interested in behavioral science research regarding child witnesses (in response to the number of sexual and physical abuse cases with child victims) |
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Fabricating |
Making false claims
-Cases suggest that children do not make reliable witnesses however studies have found that children are cap of accurately recalling forensically relevant details of events
-The challenge is determining when children are recalling accurately or fabricating
-Accuracy is dependent on how they are asked to report |
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Accuracy is dependent on how they are asked to report. Two types of questioning of children include... |
Free recall questioning Directed questioning |
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Free recall questioning |
When children are asked to report all they can remember using free narrative approach their accuracy in reporting is comparable to adults
Children tend to export very little information using free narrative |
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Directed questioning |
Direct questions are often necessary to elicit the required information "What else do u remember"
When asked leading direct questions children are more likely to produce an erroneous response compared to nonleading Direct questions (like adults)
Direct questions that require yes or no responses or forced choice are problematic for preschoolers -because these questions rely on recognition rather than recall, increasing the likelihood of error |
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Adults vs child witnesses |
When asked leading direct questions children are more likely to produce an erroneous response compared to nonleading Direct questions (like adults) An interview providing approving statements to inaccurate info can elicit further inaccurate info from children (like adults) Older children are more resistant to leading questions than younger children and adults even more resistant |
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How questions |
How questions produce the most productive info compared to the other types of questions
"How did you feel" elicited the most evaluative info compared to direct and suggestive questions |
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2 ways to understand children's greater propensity toward suggestibility |
1) Focus on the social characteristics of the interview (Social compliance or social pressure)
2) Investigation of the developmental changes in their cogntvie or memory system Current researchers believe that an interaction of social and cogntive factors are responsible for children's suggestibility and reporting false info |
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Social compliance or social pressure |
Argued that children may respond to suggestive influences because they trust and want to cooperate with adult interviewers even if children do not understand or have the knowledge to answer the question
Although children may respond according to a suggestion, their memory for the actual event may remain intact
if questioned later they may report the accurate response |
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Changes to the cogntive system |
Reseach has found developmental differences in how children and adults encode, store and retrieve memories
As well as differences in forgetting, retention
Children can also missttribute where information can from (report something they heard about as if they experienced it) |
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Techniques for interviewing children |
Anatomically detailed dolls
Criterion based content analysis
Step wise interview
Narrative elaboration National Institute of Child Health ans Human Develioment (NICHD) Interview Protocol Cogntivie interview |
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Anatomically detailed dolls |
A doll like a rag doll that is consistent with the male or female anatomy The assumption for the use of these dolls is that children may have difficulty verbalized what occurred and in their play with the dolls they will demonstrate the events thet experienced -Reseach shows that younger children were more likely to play with the dolls in a suggestive manner and to contradict detials that were reported verbally -overall both younger and older children reported proportionally more fantastic detrials with the dolls than without |
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Difficulties with using anatomically detailed dolls |
No specifications or guidelines are unavailable for manufacturers of these dolls (wide variations no standardization for what they should look like)
No standard procedures for scoring the behaviors that children exhibit when interacting with the dolls
No research avoidable for hoe nonabused and abused children play with the dolls |
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Criterion based content analysis |
Analysis that uses criteria to distinguish truthful from false statements made by children
Is part of the comprehensive protocol called statement validity analysis
Underlying assumption is that descriptions of real events differ in quality and content from fabricated memories
Eighteen criteria were developed to discriminate between true and fabricated events |
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Statement validity analysis |
A comprehensive protocol to distinguish truthful or false statements made by children containing 3 parts:
1) a structured interview of the child witnesses
2) a systematic analysis of the verbal content of a childs statements by using criterion based content analysis (most important and useful as a stand alone protocol)
3) application of the statement validity checklist |
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Critics of the Criterion based content analysis |
Inconsistencies with the number of criteria that needs to be present to be conclude truthfulness
Different decision rules for reaching conclusions
Age is positively correlated with scores -younger children don't possess the cogntive abilities and command of the language to provide ad detailed statements as older children
-truthful statements by younger interviewees may be judged as doubtful because their statements are missing certian criteria
Scores are influenced by how familiar thr event is and how old the child is
Does not enter inter-rater reliability as scores are calculated using truth-lie classification that requires thr assessor to classify the statement based on their own interpretation of the statement |
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Step wise interview |
Interview protocol with a series of steps designed to start the interview with the least leading and directive type of questioning and then proceed to more specific forms of questions as necessary
Procedurr for interviewing children that aims to keep false claims at a minimum
Objective is to provide the child with lots of opportunities to report by using a free narrative before other types of questioning are used |
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Narrative elaboration |
An interview procedure whereby children learn to organize their story into relevant categories: participants, settings, actions, affective states, and consequences
A card containing a line drawing is available for each category, these visual cues help children remember to state all that they can
Children practice telling stories with each card before being questioned about the critical event
They are asked through free narrative about the critical event
Lastly they are presented with each card and asked "does this card remind you to tell somthing else" |
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Narrative elaboration accuracy |
Children were interviewed with either the narrative elaboration procedure, just cue cards or standard interview without training or cue cards
Children interviewed with the narrative elaboration procedure reported more accurate info but not more inaccurate info for the staged event compared with when just the cue cards were presented without training or the standard interviewel
Children did not fabricate more information with the narrative elaboration procedure
Research has found that simply asking children to report what they saw and heard or to talk about information across categories was sufficient to produce increases in the amount of info recalled |
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National Institute of Child Health ans Human Develioment (NICHD) Interview Protocol |
Colleagues at the national institute of child health and human development developed an interviewing procedure that relies on open ended questioning with two types of prompts available to interviewers
Can use time prompts to have the child fill in details and a timeline (what happened next)
Can use cue question prompts where details that the child has reported are used in the question and children are asked to elaborate (you said the teacher took off his belt, tell me mk about that) |
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National Institute of Child Health ans Human Develioment (NICHD) Interview Protocol multipart prompts |
One issue is multipart prompt where interviewers ask two questions together
Can you tell me everything about how he caught you? When did it happen?
The use of multipart prompts is no recommended |
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Cogntivie interview |
Can be adapted and used with children
Children interviewed with the cogntive interview reported more accurate info than children interviewed in control conditions |
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False memory syndrome |
Term to describe clients false benefits that they were sexually abused as children, having no memories of this abuse until they enter therapy to deal with some other psychological problem
Others argue that it is only through therapy and the use of suggestive techniques that clients come to believe that they were sexually abused as children when it fact they were not
False memories |
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Recovered memories |
Some argue that childhood sexual abuse memories are so traumatic that individuals repress them in their unconscious
It is only as adults with the help of therapy that they come to recall the abuse
Recovered memories Not having any memory of abuse is different from preferring not to think about it |
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5 criteria to consider when determining the veracity (accuracy) of a recovered memory |
1) ge of complainant at the time of the alleged abuse (unlikely to have a memory of abus prior to age 2) 2) techniques used to recover memory (Hypnosis highten suggestibility and fantasy) 3) similarity of reports across interview sessions (Do reports become more fantastic) 4) motivation for recall (Wanting an answer to explain such feelings) 5) time elapsed since the alleged abuse (Dufficult to recall abuse 25 years ago) |
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Historic child sexual abuse |
Allegations of chld abuse having occurred several years, often decades prior to when they are being prosecuted Majority of these cased involve memories of abuse that has been continuous, never forgotten abuse No time limit during which a victim must report sexual abuse |
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Culprit descriptions |
Recall for people |
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Describing the culprit |
Younger children recall fewer items than older children Older children recalled more interior facial features such a freckles and nose than younger children Interior facial features were problematic for both youth and adults Hair (exterior feature) was most frequently mentioned feature by both younger and older children (and adults) Height, weight age are considerably difficult for youth to estimate such characteristics (lack experience with weight and height) Need to use free narrative |
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Two judgment theory of identification accuracy |
To reach an accurate identification decision witnesses conduct two judgments Relative judgment -witnesses compare across lineup members and choose the mot similar looking lineup member to the culprit Absolute judgment -then compare the most similar member to their memory of the culprit and decide if it is in fact the culprit |
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Competency inquiry |
Questions posed to child witnesses under age 14 to determine whether they are able to communicate the evidence and understand the difference between the truth and a lie And in the circumstances of testifying to see if they feel compelled to tell the truth Based on the notion that children can demonstrate that they can communicate what they witnessed |
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Competency inquiry procedure |
In the frist part of inquiry children need only demonstrate a general ability to perceive, recall and communicate rather than demonstrate specific abilities for describing the event in question (What grade are you in) (Children young as 3 may demonstrate a general ability to communicate) For the second part of the exam children are questioned regarding their ability to distinguish between the truth or lie and and understanding of the meaning of oath (Can be participately difficult for young children) |
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Alternatives to in court testimony available to any witness under the age of 18 and vulnerable witnesses upon application |
A sheild/ screen to seperate and child does not see the defendant face (child is visible to defendant and courtroom) Closed circuit TV monitor (in seperate room) Child may have support person with them while providing testimony A child may be video recorded while being interviewed about the details of thr crime (child does not have to repeat the details in court) Statements made by the child during initial disclosure of may be allowed as evidence Judge may close the courtroom to public or media to protect the privacy of the child Can't be cross examined personal by the accused |
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4 categories of child maltreatment |
Physical abuse Sexual abuse Neglect Emotional maltreatment Government agencies have the authority to remove children from their chargivers when they are maltreated or at risk of maltreatment |
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Physical abuse |
The deliberate application of force to any part of a childs body that results in or may result in a nonaccidental injury
Checking or kicking |
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Sexual abuse |
When an adult or youth uses a child for sexual purposes
Fondling or intercourse |
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Neglect |
When a childs caregivers do not provide the requisite attention to the children's emotional physical or psycholgocial development
Not adequate nutrition, unhygienic living conditions |
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Emotional maltreatment |
Acts or omissions by caregivers that cause or could cause serious behavioral cogntive emotional or mental disorders
Verbal threats, exploitation |
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In need of protection |
A term used to describe a child's need to be separated from his or her caregiver because of maltreatment Canadian jurisdictions require the reporting of children suspected to be in need of protection (not yukon) |
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Incidence |
Number of new child maltreatment cases in a specific population occurring in a given time period |
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Prevalence |
The proportion of a population at a specific point in time that was maltreated during childhood |
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Risk factor |
A factor that increases the likelihood for emotional and behavioral problems |
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Risks factors associated with maltreatment |
Child factors Parental factors Social factors
Physical abuse factors include a parents past childhood physical abuse and the parents attitude toward pregnancy
Sexual risk factors tend to revolve around family composition |
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Short term and long term effects of physical abuse |
Short term -greater perceptual motor deficits, lower intellectual functioning, lower academic achievement, externalizing behavior such as aggression and internalizing mental health difficulties such as hopelessness and depression Physical abuse was related to heavy episodic drinking during adolescence and young adulthood Physically abused at home can also be associated with being victimized by peers Engage in more nonfamilial violence than nonabused persons ( especially males) Increases the likelihood of perpetrating physical abuse (abuse thier own children) |
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Short term and long term effects of sexual abuse |
Behaviour problems, lowered self esteem, inappropriate sexuality, post traumatic stress disorder symptoms
2 years within being abused children reported physical difficulties such as sleep disturbance, eating disorders, stomach problems and headaches Adults who were sexuallly abused as children have an increased risk of being sexually abused as adults Other long term risks include depression, self injurious behaviors, anxiety and interpersonal distrust Suicide attempts twice as likely |
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Putnam identified 3 categories of outcomes in adults with a history of childhood sexual abuse |
Psychiatric disorders -major depression in adulthood Dysfunctional behaviors -sexualized beahviour Neurobiological dysregulation -reduced hippicampal volume in adults |
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Overcoming outcomes of child maltreatment |
Not all children who experience maltreatment will suffer negative outcome
Number of factors may increase or protect against negative outcomes
No one factor in childhood can predict outcomes in adulthood with absolute accuracy |
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Chapter 7 juries: fact finders |
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Criminal cases vs civil cases |
Criminal cases are those in which an act was allegedly committed as found in thr criminal code of Canada Civil cases are those that involve a breach of contract or other other claims of harm Both can br heard by jury or judge Six or eight member jury trials often occur in civil cases Twelve member juries are typical in criminal cases |
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Cases heard by juries |
The total number of trials that take place only a few are tried by jury The remainder of trials are heard and ruled on by judges alone |
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Three types of offenses in Canada |
Summary offenses Indictable offenses Hybrid offenses |
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Summary offenses |
Inlvolve a sentence of fewer than 6 months in prison and a fine less than $2000 For Some offenses the maximum sentence is 18 months Judged alone Defendant charged with a summary offense does not have a right to a trial by jury |
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Indictable offenses fall into 3 categories |
Less serious indictable offenses are heard by a judge sitting alone and include theft, obtaining money or property by false pretences, and failure to comply with a probation order Highly serious indictable offenses must be tried by judge and jury. Include treason, murder and piracy. -if attorney General and accused agree, the trial can proceed without a jury and the judge alone tries the case For some indictable offences the accused can choose whether the trial proceeds by judge and jury or judge alone These are the indictable offenses not listed such as robbery and assault with a weapon |
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Hybrid offenses |
Are a cross between indictable offenses and summary offenses Maximum sentence is 5 or more years in prison if they proceed by indictment Up to the crown attorney to decide whether to proceed with the case as an indicatable offence or a summary offense |
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Juries act |
Provincial and territorial legislation that outlines the eligibility criteria for jury service and how propective jurors must be selected |
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Jury summons |
A court order that states a time and place to go for jury duty Prospective jurors receive a jury summons Means that you are expected to show up, prepared to be a juror If you ignore summons and don't show up, you may insure a severe legal penalty such as a fine or jail time |
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Two types of challenges by lawyers used to reject a potential juror |
1) peremptory challenge -to reject jurors who they believe are unlikely to reach a verdict in their favor -didd not need to provide a reason for rejecting the prospective juror -lawyers have little info on which to decide whether a juror will reach a verdict in their favor 2) challenge for cause -lawyer must give a reason for rejecting the prospective juror |
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Two fundamental characteristics of juries |
Representativeness -a jury composition that represents the community where the crime occurred
Impartiality -a characteristic of jurors who are unbiased -a lack of bias in jurors |
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Representativeness |
For a jury to be representative it must allow any possible eligible person from the community the opportunity to be part of the jury Achieved through randomness The juries act lists exemptions for who can't serve on a jury thus limiting the true representativness of the jury pool Can apply to both the community and the defendant Aboriginals are under represented on juries (Reserves are not part of municipal assessment lists that are used to identify possible jurors) |
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Impartiality centres on three issues |
1) for juror to be impartial they must set aside any pre existing biases, prejudices or attitudes and judge the case based solely on the admissible evidence 2) to be impartial also means that the juror must ignore any info that is not part of the admissible evidence 3) important that the juror have no connection to the defendant so that the juror does not view the evidence subjectivity or unduly influence the other jurors |
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Threats to impartiality |
It is possible to forget the emotionally charged headlines that we read before going to jury duty Verdicts will be based on emotion and biased media coverage rather than on admissible evidence Any pretrial publicity whether positive or negative can influence juror decision making |
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Process of Challenge of cause |
Two individuals are selected from the jury pool and are sworn to act as tries A third person is selected as a prospective juror The lawyers or judge question the prospective juror, while the two triers listen to the answers provided The triers then discuss the answers with each other to reach a unanimous decision as to whether the prospective juror is impartial If determined not impartial the prospective juror is dismissed If triers are impartial then the person becomes the first member of jury and replaces one of the triers |
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When tryjng to evaluating whether a challenge for cause is useful for identifying biased individuals a number of issues need to be considered |
The process may be conducted in open court where the jury pool Can head the questions the lawyers ask and the responses provided. Possible for prospective jurors to alter their answers according to whether they want to serve on jury Prospective jurors may find it difficult to be honest when answering questions about bias that may put them in an unflattering light Prospective jurors must be aware of their biases and how their biases may influence their behavior |
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Jury functions |
Main function is to apply law to the admissible evidence in the case and to render a verdict of guilt or innocence To use the wisdom of 12 to reach a verdict To act as the conscience of the community To protect against out of date laws To increase knowledge about the justice system |
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Jury nullification |
Occurs when a jury ignores the law and the evidence, rendering a verdict based on some other criteria |
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Chaos theory |
The theory that when jurors are guided by their emotions and personal biases rather than by the law Chaos in judgments results |
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4 methodologies that have been used to understand and study juror and jury behavoiur |
Post trial interviews Archives Simulation Field studies |
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Post trial interviews |
Not allowed in Canada Strengths -Have high external validity that is results come from using real cases and the actual jurors who deliberated Weaknesses -accounts may no be reliable (conclusions based on unreliable data) -a cause effect relationship cannot be established |
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Archives |
Records of trails can be reviewed to uncover relationships among variables Strength -is similar to post trial interviews in that external validity is high Weaknesses -inability to establish cause effect relationships -researcher is restricted to the data avaliable in that the types of questions that can be posed are limited by the information that can be accessed |
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Simulation |
Most common Researchers simulate a trial by using a written, audio, or video tape format Participants are presented with the trial information and the researcher can vary and manipulate this trial information Verdicts and other participants responses can be compared to determine whether the independent variables had an effect Strengths -high internal validity as researchers can reveal cause and effect relationships because they systematically manipulated the independent variables -limits external validity -limit generalizability of results |
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Field studies |
Involves using actual jurors while they are serving on jury duty so cooperation from the courts and the jurors is required
Researchers are able to observe variables of interest as they are occurring
Strengths -high external validity
Weaknesses -receiving approval from the courts for conducting the research may be difficult -confounding variable that the researcher can't control |
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Deliberation |
When jury members discuss the evidence and privately among themselves to reach a verdict that is then provided to the court |
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Note taking |
Trials can be lengthy resulting in missed or forgotten evidence by the time of deliberation
May facilitate memory and understanding of evidence
Note takers my be more attentive during the trial than non not takers |
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Disadvantages of juror taking notes |
Note takers may exert influence while in deliberation over those who did not
If disagreements, jurors will rely on note takers to clarify issues |
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Penrod and Heuer conclusions regarding juror not taking |
Jurors notes serve as memory aid
Jurors do not overemphasize the evidence that they have noted at the expense of evidence they have no recorded
Notes do not produce a disorder view of the case
Not takers can keep up with evidence as it is being presented
Note takers do not distract Jurors who do not take notes
Note takers do not have an undue influence over those who do not take notes
Juror notes are an accurate record of the trial
Juror Note taking does not favour the prosecution or defense |
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Asking questions (Reseach showd that questions are not particularly harmful or helpful and is up to the judge as questions are set to them in writing and they determine if it prrmissible) |
Jury questioning promotes juror understanding of the facts and issues Juror questions do not clearly help to get to the truth Questions do not increase jurors, judges or lawyers satisfaction with trial and verdict Jurors ask legally appropriate questions (questions about meaning of legal tersm) Jurors do not become advocates If counsel objects the jury does not draw inappropriate inferences from unanswered questions Have few questions |
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Can jurors disregard inadmissible evidence |
Whether jurors will follow a judges instruction to disregard inadmissible evidence is related to the reason for the instruction rather than the instruction itself
Disregard cause evidence is illegally collected -verdicts similar to those who reicived the ruling it was admissible suggesting they have considered the evidence
Disregard cause comprehension difficulty -Verdicts similar to those of control jurors who had not hard evidence suggesting they had disregarded it
Jurors will disregard evidence when given a logical and legitimate reason for it |
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Backfire effects |
Some argue that instruction to disregard evidence makes the evidence more memorable than if no instruction was given |
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Prospective jurors understood less than 50% of instructions they recidved 4 reforms for judges instructions |
1) rewriting instructions 2) providing a written copy of instructions to jurors 3) providing jurors with pre and post evidence instructions 4) having lawyers clarify legal instructions during their presentation to the jury (Do no necessarily significantly increase comprhension) |
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Jury decision making models |
Juror jury decision making are categorized using either a Mathematical based approach Explanation based approach |
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Mathematical models |
View jurors as conducting a set of mental calculations regarding the importance and strength of each piece of evidence Guilty or not guilty verdict is determined by the outcome of calculations from all relevant evidence Mathematical approach is inconsistent with how jurors report that they reach virdeicts Jurors do not appear to provide a value for each peice of evidence |
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Explanation models |
Suggest that evidence is organized into a coherent whole Story model -Jurors interpret and elaborate on the evidence and make causal connections and in doing so create a story structure -these stories are compared with each verdict option presented by the judge and the option moat consistent with the story is the verdict reached Individuals differences (personal expeieences, knowledge and beliefs) can influence story construction Stories can be influenced by altering the order in which the evidence was presented (presenting info in an order consistent ith virdect they want) |
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Polarization |
When individuals tend to become more extreme in their initial position following a group discussion |
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Leniency bias |
When jurors move toward greater leniency during deliberations |
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Hung jury |
A jury that cannon reach a unanimous verdict |
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Hung juries in Canada vs US |
In Canada there must be a unanimous criminal verdict Mistrial is declared In US it is permitted majority votes of 11 to 1, 10 to 2, or 9 to 3 |
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Two broad styles that juries tend to adopt when trying to reach a verdict |
Verdict driven -start the deliberation process by taking an initial poll Evidence driven -start the deliberation process by discussing the evidence |
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6 variables that have been studied and their relation to the verdict |
Demographic variables Personality traits Attitudes Defendant characteristics Victim characteristics Expert testimony |
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Demographic variables |
Gender -Juror gender may produce different outcomes depending on nature of trial -male mock jurors were more likely to endorse rape myths and assign less responsibility to accused
Racial bias (the disparate treatment of racial groups) -more likely to render guilty verdicts for other race defendants -longer sentences for other race defendants Only a small and inconsistent relation exists between juror demographic variable and jury verdict |
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Black sheep effect |
When evidence is strong, similarly between dependent and jury leads to punitivness When evidence is weak race similarity between defendant and jury led to leniency |
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Personality traits |
Moderate postive relationship between authoritarianism and verdict (higher in traits more included to give guilty verdicts)
Moch jurors who are extroverted and had higher moral reasoning were found to be more persuasive for unanimous focusing More reliable at predicting virdects than demographic variable |
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Big 5 personality dimensions for persuasivness |
Extroversion (outgoing, sociable) -high were more persuasive Agreeablness ( interpersonally pleasant) Conscientiousness (self disciplined) -high in trait were likely to be persaded by others Emotional stability (clam, even tempered) Openness to experience (curious) -high were least likely to be persuaded |
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Cogntive experimental self theory in juror dicision making |
Processing occurs through two modes rational and experiential Rational processing occurs through an analysis of fact and logic -R processors recommend similar sentences for both attractive and less attractive individuals Experimental processing occurs through emotion and experience -E processors more likely to convict less attractive defendants -harsher sentences |
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Attitudes |
Mock jurors with feminist attitudes were more likely to not believe the defendants testimony (date rape case) Death qualified jurors (willing to impose he death sentence) are more likely to vote for conviction at the end of a trial Attitudes that are Cass specific seem to have more predictive power over verdict then more general attitudes |
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Defendant characteristics |
Defendants prior criminal record has one more more convictions jurors are more likely to find defendant guilty Verdict preferences to be more lenient the attractive defendant and more severe for the unattractive defendant Male defendants recive higher guilt ratings than female defendants Jurors may pay particular attention to the characteristics of the defedent if the defendant is incongruent with the offender stereotype |
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Victims characteristics |
Rape shield provisions were legislated which prevented lawyers from introducing a women's prior sexual history Defence lawyers argued that it was necessary to admit accusers prior sexual history because it would support defendants claims of an honest but mistaken belief of consent Thr rape shield provisions were amended in 1992 allowing inquiry based on judges discretion When told history more likely not to convict |
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Expert testimony |
Jurors were most likely to view professional experts negatively, believing they had little credibility and hurt the side they were testifying for Experts credentials had virtually no impact Credentials may not be critical to jurors when rendering verdicts |
