Relevant bibliographies by topics / Child witness credibility

Academic literature on the topic 'Child witness credibility'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Child witness credibility"

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NURCOMBE, BARRY. "The Child as Witness: Competency and Credibility." Journal of the American Academy of Child Psychiatry 25, no. 4 (July 1986): 473–80. http://dx.doi.org/10.1016/s0002-7138(10)60004-0.

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Moore, Angela D. "False Memories and Young Child Witnesses." New Criminal Law Review 19, no. 1 (February 1, 2016): 125–39. http://dx.doi.org/10.1525/nclr.2016.19.1.125.

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This article looks at the problems presented by admitting statements made by young children at trial. Over time, presumed chronological thresholds for incompetence have all but disappeared in favor of general rules of competence that are agnostic about the reality of children’s susceptibility to develop false memories. Although the standard of competence requires a witness to understand the burden to tell the truth of what was witnessed, it does not adjust to accommodate the suggestibility of young children and their susceptibility to rumor, which has been shown in numerous studies in the field of developmental psychology. Especially troubling is a common rule that allows leading questions to be asked of children to elicit specific witness statements. Widening the scope of incompetence to react to social science understandings of the reliability of children’s statements poses too high an administrative burden. Instead, expert witnesses and jury instructions—which speak to credibility instead of competence—should be available to address social science findings.
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Eaton, Tania E., Peter J. Ball, and M. Gemma O'Callaghan. "Child-Witness and Defendant Credibility: Child Evidence Presentation Mode and Judicial Instructions1." Journal of Applied Social Psychology 31, no. 9 (September 2001): 1845–58. http://dx.doi.org/10.1111/j.1559-1816.2001.tb00207.x.

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Lampinen, James M., and Vicki L. Smith. "The incredible (and sometimes incredulous) child witness: Child eyewitnesses' sensitivity to source credibility cues." Journal of Applied Psychology 80, no. 5 (October 1995): 621–27. http://dx.doi.org/10.1037/0021-9010.80.5.621.

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Ross, David F., Frank H. Jurden, R. C. L. Lindsay, and Jennifer M. Keeney. "Replications and Limitations of a Two-Factor Model of Child Witness Credibility." Journal of Applied Social Psychology 33, no. 2 (February 2003): 418–31. http://dx.doi.org/10.1111/j.1559-1816.2003.tb01903.x.

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Raitt, Fiona E. "Judging Children's Credibility––Cracks in the Culture of Disbelief, or Business as Usual?" New Criminal Law Review 13, no. 4 (2010): 735–58. http://dx.doi.org/10.1525/nclr.2010.13.4.735.

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The child complainant of sexual abuse is widely regarded as the paradigmatic vulnerable witness who is most likely to encounter difficulties in giving evidence. Most adversarial jurisdictions have introduced a range of statutory measures designed to protect and support child complainants throughout the legal process and to assist them to give evidence to the best of their ability. Nonetheless, critics claim child complainants still face a culture of disbelief, largely sustained by continuing adversarial practices intended to protect the rights of the accused. Tis accounts for persistent representations of children as tending to fabricate, exaggerate, or imagine the abuse that they allege, despite the recognition of their needs as complainant-witnesses. Such representations indicate a disjuncture between progress in policy and in law reform and the appearance that it is business as usual within the courts. Tis paper explores this disjuncture. It acknowledges that, while the terms for the reception of children's evidence into the courtroom have changed, the repositioning that has occurred has not yet eliminated misgivings toward children's evidence. The lightest of inferences can call up a history of doubt––a powerful reminder of the tenacity of the dynamics of discounting in sexual offenses. Even so, the paper argues that the judicial language used to describe child witnesses is more nuanced and balanced than in previous decades, suggesting a more complex appreciation of the child's capabilities is developing, one which holds the potential for an enhanced accommodation of the conflicting interests surrounding adversarialism and vulnerability.
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Gava, Lara Lages, and Debora Dalbosco DellAglio. "Techniques Used in Forensic Psychological Examinations in Cases of Child and Adolescent Sexual Abuse." Paidéia (Ribeirão Preto) 23, no. 56 (September 2013): 359–68. http://dx.doi.org/10.1590/1982-43272356201310.

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Currently, there is no standardized protocol for the evaluation of situations of sexual abuse. Thus, this study investigated the techniques used by psychologists in forensic examinations in cases of suspected child and adolescent sexual abuse in the context of the criminal investigation. Semi-structured interviews, which were qualitatively analyzed using the WebQDA software, were applied with twelve psychologists who work as expert witnesses in the Medical-Legal Institute of six Brazilian capitals. The results showed a diversity of actions taken in the forensic examination practice, as well as consensus and controversy regarding the use of psychological testing and the credibility assessment of the report. Flexibility in conducting the forensic examinations by the teams was also observed, with the techniques used adapted according to the needs. The importance of the diversity of techniques was highlighted, as these aim to assist the expert witness to come to reliable conclusions, as well as maintain the rigor and technical quality of the evaluation.
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London, Kamala, and Stephen J. Ceci. "Competence, credibility, and reliability of children’s forensic reports: Introduction to special issue on child witness research." Developmental Review 32, no. 3 (September 2012): 161–64. http://dx.doi.org/10.1016/j.dr.2012.06.001.

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Pica, Emily, Chelsea L. Sheahan, and Joanna Pozzulo. "Examining Mock Jurors' Perceptions of Intimate Partner Violence Factors." Partner Abuse 10, no. 4 (October 1, 2019): 391–408. http://dx.doi.org/10.1891/1946-6560.10.4.391.

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The purpose of the current study was to examine whether juror gender, male-to-female or female-to-male abuse, eyewitness age (8, 12, and 16 years old), and type of intimate partner violence witnessed (physical, sexual, and emotional) influenced mock jurors' decision-making. Mock jurors (N = 1,162) read a trial transcript where the child of a married couple witnessed one of the three types of intimate partner violence, perpetrated by the husband against his wife or the wife against her husband, and answered related questions. Mock jurors were asked to render a dichotomous verdict, continuous guilt rating, and rate their perceptions of the victim, defendant, and eyewitness. Male jurors were more likely to find the defendant guilty when the defendant was female and the witness was 16 years old; additionally, female mock jurors assigned higher guilt ratings for the male defendant compared to the female defendant. Mock jurors also assigned higher guilt ratings when the abuse was physical compared to both sexual and emotional; abuse also influenced perceptions of the defendant, victim, and eyewitness. Mock jurors also were more likely to hold positive perceptions of the eyewitness when she was 16 years old compared to 8 years old. The results of the current study suggest that gender of the defendant and victim may combine to influence mock jurors' perceptions of a case involving intimate partner violence; moreover, the type of abuse witnessed by a child also may impact the child's perceived credibility.
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Kim, Byung-Soo. "Protection of Child Victims of Sexual Violence and Guarantee of the Right to Cross-examination of the Accused through Video trial: Constitutional Court 2021.12.23., 2018Heonba 524 decision." Korean Association of Criminal Procedure Law 14, no. 2 (June 30, 2022): 255–86. http://dx.doi.org/10.34222/kdps.2022.14.2.255.

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In the case of sexual violence crimes stipulated in the 'Sexual Violence Punishment Act', in the case of a victim under the age of 19 recorded in a video, when the authenticity of the establishment is recognized by a court statement of a trusted person or a person who was a witness during the investigation process. It is related to the special provision that limits the defendant's right to cross-examine the original affidavit by stipulating that evidence can be recognized even in the present case. According to the Constitutional Court, preventing secondary harm to minor victims is an important value that cannot be given up in forming criminal procedures for sexual violence crimes. Even though a harmonious method can be assumed, the provision for judgment excessively restricts the defendant's right of defense by practically excluding the defendant's right to cross-examine the original speaker in the statement of the minor victim included in the video. Balance of legal interests, Violation of the principle of excessive prohibition, such as the minimum of infringement, infringes the right of the accused to receive a fair trial. The current law provides various witness support systems that can prevent and guarantee the defendant's right to cross-examination in consideration of the various secondary damages that can occur to minor victims during the testimony process. In the case of witness interrogation of minor victims of sexual violence through sexual assault, there is no choice but to appear in court again and make a statement, so the effect of reducing secondary damage caused by repeated statements will not be significant. As a way to reduce the secondary damage through direct face-to-face, we intend to review the video trial by means of a video relay as an improvement method. In the case of the witness interrogation system by means of a video relay system, the victim does not have to attend the courtroom or face the accused in person because the victim attends the testimony room outside the court and testifies through the relay device. However, if reference is made to the standards that can limit the defendant's right to face through the Craig Test on the remote witness interrogation procedure in the United States, it is possible to operate witness interrogation using video and other relay devices without infringing direct attention and the defendant's right to face. will be. In other words, if the right to face the accused and the right to cross-examination cannot be fully guaranteed, a significant public interest must exist. In addition, the credibility of the testimony must be secured in such a way that the underage victim can take an oath, cross-examination is possible, and the form of testimony can be confirmed in front of a judge, jury, and the accused.
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Dissertations / Theses on the topic "Child witness credibility"

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Motzkau, Johanna F. "Cross-examining suggestibility : memory, childhood, expertise." Thesis, Loughborough University, 2006. https://dspace.lboro.ac.uk/2134/16106.

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Initially a central topic for psychology, suggestibility has been forgotten, rediscovered, evaded definition, sabotaged experimentation and persistently triggers epistemological short-circuits when interconnecting psychological questions of memory, childhood and scientificity, with concrete legal issues of child witnesses' credibility, the disclosure of sexual abuse and psychological expertise in courts of law. The aim of this study is to trace suggestibility through history, theory, research and practice, and to explore its efficacy at the intersection of psychology and law, by examining and comparing the. concrete case of child witness practice in England and Germany. Taking a transdisciplinary approach the study draws on two interrelated sources of 'data' combining historical, theoretical and research literature with the analysis of empirical data. A genealogy if theory and research is combined with the results of reflexive interviews, conducted in England and Germany with practitioners from all those professions involved in creating, applying or dealing with knowledge about child witnesses and suggestibility: judges, prosecutors, lawyers, police officers, psychologists (researchers, experts) and social workers. Drawing on the work of G. Deleuze and 1. Stengers this study shows how practical tensions around reliable witnesses, evidence and expertise merge pragmatically with theoretical movements employed to adjust the discipline, thereby causing frictions and voids. In this sense suggestibility provides a liminal resource: It transgresses disciplinary boundaries and pervades pragmatic and theoretical, global and personal, historical and actual considerations, creating voids that allow us to reconsider the pragmatics of change and to redefine the issue of critical impact, as well as to reformulate the problem of child witness practice and children's suggestibility. The study hopes to make a concrete contribution to facilitating the just prosecution of sexual abuse by adding transparency to the complex and at times unhelpfully polarised field of child witness practice. By exploring the 'pragmatics of change' the study furthermore hopes to give an unsettling and productive impetus to theoretical debates within critical approaches to psychology.
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Juárez, López Josep Ramon. "La credibilidad del testimonio infantil ante supuestos de abuso sexual: indicadores psicosociales." Doctoral thesis, Universitat de Girona, 2002. http://hdl.handle.net/10803/7995.

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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.
The present doctoral thesis is based on the investigation whose thematic basic it is the credibility of the minor abused sexually. The basic instrument for this investigation, the CBCA (Criteria-Based Content Analysis) it comes being used on the part of the teams of forensic psychologists of the Spanish territory as well as of other many European and American countries. This instrument, relatively new (Steller, 1989) it was studied and analyzed in a previous investigation with the purpose of evidencing their limitations and this way, incrementing their options of becoming a really valid instrument in the course of any judicial act. One of the results of this investigation is that of the 19 original items, the discrimant analysis, offers us a final test restricted to only 12 items, finding, consequently, 7 items that should be eliminated of the initial listing. The use of this corrected test, discovers us 2 important observations with regard to the variable age: those children than more age, they really offer bigger volumes of information, but this bigger information is not excellent for the increment of his credibility. The differential age among a significantly richer volumen of information, settles down around the 8-9 years. In this work we can show psicosocials items with a good psichometric quality for change the initials criteria: the secret, depended-involved relation, progressive abuse, behaviour rules, psychological disorders, favors and presents
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Stevenson, Kim. "Competency and credibility : the evidence of children in cases of child sexual abuse." Thesis, Nottingham Trent University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.283033.

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Foot, Michael T. "Attorney and Judicial Perceptions of the Credibility of Expert Witnesses in Child Custody Cases." VCU Scholars Compass, 1995. http://scholarscompass.vcu.edu/etd/4568.

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Attorney and judicial attitudes towards expert witnesses in child custody cases were investigated by a cross-sectional research design. Subjects consisted of a sample of 381 of all attorneys and judges in the Commonwealth of Virginia who wished to be certified as guardians ad litem. Subjects were asked to fill out a six page questionnaire immediately prior to a daylong certification training session. The sample was primarily white (85.2%) and male (57.7%). Information was gathered on the subjects' demographic characteristics, experience with and attitudes toward expert witnesses in custody cases, opinions on traditional court and family structures, and knowledge of developmental and parenting psychology. Factor analyses and examination of the reliability of the instruments allows the development of more reliable and valid measures for model testing. Results generally confirmed Banks & Poythress' (1982) tripartite theory of credibility as being composed of perceived expertise, trustworthiness, and dynamism. Characteristics of attorneys and judges were also shown to be an important contributor to their perceptions of expert witnesses in child custody cases. Specifically, those courtroom professionals who had greater training, knowledge, and experience relevant to custody cases tended to view specific expert witnesses more positively. Those attorneys and judges with more traditional court attitudes rated expert witnesses in general as less helpful. However, these traditional attitudes did not cause them to devalue expert witness testimony in specific cases. This study is part of a larger program of study which will attempt to determine the extent to which the quality of expert witness testimony affects perceptions of their credibility, and how perceptions of expert witness credibility relate to judicial decisionmaking in child custody cases.
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Bransgrove, Jennifer. "The influence of expert testimony on potential jurors' perceptions of young children's testimonial credibility /." [St. Lucia, Qld.], 2003. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe17042.pdf.

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Book chapters on the topic "Child witness credibility"

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Duggan, L. Matthew, Moss Aubrey, Eric Doherty, Peter Isquith, Murray Levine, and Janine Scheiner. "The Credibility of Children as Witnesses in a Simulated Child Sex Abuse Trial." In Perspectives on Children’s Testimony, 71–99. New York, NY: Springer New York, 1989. http://dx.doi.org/10.1007/978-1-4613-8832-6_5.

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Hillier, Tim, and Gavin Dingwall. "Allegations." In Criminal Justice and the Pursuit of Truth, 19–40. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781529203189.003.0002.

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Crimes seldom come to official attention unless an allegation is made by a member of the public. Chapter 2 considers the manner in which allegations are made and are responded to. Given the centrality to the criminal justice process, this is an under-explored research area. This chapter considers allegations in the context of historical child sexual abuse cases has focused attention on a number of associated issues. It explores the nature of allegations in the criminal justice process and the ways in which ‘credibility’ and ‘truth’ is examined and evidenced. The chapter will consider the work of Janice Haaken, and approaches to ‘false allegations’ including the work of Engle and O’Donoghue and the position of allegations made by the honest but mistaken witness. False allegations are sometimes made and a balance has to be struck between encouraging victims to report crimes and subjecting their evidence to scrutiny so that miscarriages of justice are avoided.
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"Questions and Answers: The Credibility of Child Witnesses in the Context of Specific Questioning Techniques." In Memory and Suggestibility in the Forensic Interview, 345–68. Routledge, 2001. http://dx.doi.org/10.4324/9781410602251-22.

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Conference papers on the topic "Child witness credibility"

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Lubāne, Inga, and Sandra Beatrice Sebre. "True, Partly False, and False Testimony of Child Witnesses: An Assessment of Credibility." In 80th International Scientific Conference of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/htqe.2022.04.

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The credibility of child witness testimonies is an important and controversial issue in forensic psychology. Children from an early age can testify in legal proceedings, while children are able to give false testimony for a variety of reasons. Research to date has focused on examining the differences between true and falsified children’s testimony, but little is known about assessing the credibility of testimony that is partly true but partly falsified. This paper presents a small sample quasi experimental study that explained the differences between true, partly falsified, and completely falsified children’s stories, and clarified the methodology for conducting a broader study. Study questions: what are the differences in credibility scores between true, partly falsified, and falsified children’s stories in this group of children; how do children understand the instruction to create a partly falsified story? Nine children aged 11 years (n = 9) participated in the study, three children in each study group. The children were interviewed about a real, partially falsified or completely contrived event, as well as taking the WISC-4 sub-test “Vocabulary”. The content of the narrative was assessed using the Criteria Based Content Analysis (CBCA). Results: CBCA averages did not differ between true-story and partly falsified story groups, while there were more children with higher CBCA scores in the true-story group than in the partly falsified story group. The CBCA averages were lower in the contrived story group compared to the first two groups. The children had difficulty spontaneously producing a false story during the interview. An association was found between CBCA scores and children’s level of verbal ability. The trends observed in the study group should be tested in a larger study with a larger number of participants.
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