000 04094nab a22003377a 4500
999 _c7481
_d7481
005 20250625151605.0
008 220211s2022 ||||| |||| 00| 0 eng d
040 _aAFVC
100 _aPowell, Martine B.
_94568
245 _aAn evaluation of the question types used by criminal justice professionals with complainants in child sexual assault trials
_cMartine B. Powell, Jane Goodman-Delahunty, Sarah L. Deck, Madeleine Bearman and Nina Westera
260 _bSage,
_c2022
500 _aJournal of Criminology, 2022, 55(1): 106-124
520 _aThe way that complainants of child sexual assault are questioned about their experiences can profoundly influence the accuracy, credibility, and consistency of their evidence. This is the case for all people, but especially children whose language, social, and cognitive capacity is still developing. In this study, we examined the questions used by a representative sample of Australian prosecutors, defense lawyers, and judges/magistrates to determine if this is an area that warrants improvement. Our focus was the type of questions used by the different professionals and how (if at all) these varied across complainant age groups (children, adolescents, and adults, total N = 63). Our findings revealed that each complainant group was questioned in a manner known to heighten misunderstanding and error (e.g., complex and leading questions were used frequently by all professional groups). There was also little indication of question adaption according to age (e.g., prosecutors asked children more complex questions than they asked adults). When the results are considered in the context of the broader literature on the impact of different question styles, they suggest that professional development in questioning would improve the quality of trial advocacy and judicial rulings. (Authors' abstract). Record #7481
526 _aA key cross-examination tactic in trials of child sexual abuse (CSA) is to highlight inconsistencies between sources of information to discredit the complainant's account. The present study examined the prevalence, origin and nature of inconsistencies arising in the cross-examination of complainants in CSA trials. Further, we examined the association between these inconsistencies and the types of question that elicited them in the earlier police interview of the child witness (i.e. open-ended, specific, or leading). Transcripts of videorecorded interviews (evidence-in-chief) of 73 complainants (15 males, 58 females) and subsequent cross-examinations at trial were coded. Results showed that inconsistencies were raised in the cross-examination of 94.5% of complainants; most between what the children said in their police interview versus their cross-examination. A greater proportion of inconsistencies was associated with specific than open-ended questions asked in the police interview. However, open-ended questions were associated with some inconsistencies, perhaps due to the longer answers they elicited. Shorter police interviews relying mainly on open-ended questions may minimise the opportunity for inconsistencies to arise in cross-examinations. Judges and juries require education about inconsistencies that arise from memory's reconstructive nature and lay people's tendency to use these inconsistencies to make inferences about the unreliability of witnesses. (Authors' abstract). Record #6795
650 _aCHILD SEXUAL ABUSE
_9121
650 _aCRIMINAL JUSTICE
_9167
650 _aEVIDENCE
_9237
650 0 _aLEGAL PROFESSION
_98151
650 4 _9445
_aPOLICE PROCEDURES
650 0 _aVICTIMS OF SEXUAL VIOLENCE
_96716
651 _aINTERNATIONAL
_93624
651 4 _aAUSTRALIA
_92597
700 _aGoodman-Delahunty, Jane
_93818
700 _aDeck, Sarah L.
_910672
700 _aBearman, Madeleine
_910673
700 _aWestera, Nina
_99339
773 0 _tJournal of Criminology, 2022, 55(1): 106-124
830 _aJournal of Criminology
_99949
856 _uhttps://doi.org/10.1177/26338076211068182
_yDOI: 10.1177/26338076211068182
942 _2ddc
_cARTICLE