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Interviewing Children. Chapter 7. The Child Interview. Criminal investigators must determine what happened Need disclosure from the child Reliability will be an issue Social Service investigators determine if something happened which requires child protection. - PowerPoint PPT Presentation
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7-1 © 2007 Pearson Education, Inc. Upper Saddle River, NJ 07458
Smart Talk: Contemporary Interviewing and Interrogation By Denise Kindschi Gosselin
Interviewing Children
Chapter 7
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-2
The Child Interview Criminal investigators
must determine what happened Need disclosure from
the child Reliability will be an
issue Social Service
investigators determine if something happened which requires child protection
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-3
Limitations on Reporting by Age Infancy: The first two years
Rely on medical documentation Early Childhood: Ages 2 to 6
Short attention span Time and space are difficult concepts Only in rare instances should the child be interviewed
more than ½ hour Middle Childhood: Ages 7 to 12
Language is well developed Play remains primary expression Emotion language possible Can distinguish fiction versus reality
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-4
Field Assessment: a First Responder Situation Explain the reason for the visit to the
caretaker The child may need to be visually
examined for bruises and marksSecure emergency medical
attention if needed Interview the child outside of the
presence of the caretaker
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-5
Step I: Risk Assessment Assessing the present
and future risk of harm to a child is a legal requirement in all states
The standard of proof for reporting suspected abuse or neglect is mere suspicion
Is there any reason to believe that the child has been abused, neglected, or witnessed abuse towards a parent or sibling?
Has the child received a suspicious injury?
Are there weapons or ammunition that are accessible to this child?
Does the primary caretaker abuse alcohol or drugs?
Is the child depressed or suffering from lack of medical attention?
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-6
Step 2: Models for Evaluating Abuse Choice of
evaluation model is based on the goals of the interview
Child Interview Model
Parent-Child Interaction Model
Multidisciplinary Team Approach
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-7
Child Interview Model Child interview is
central for abuse determination
Premise: children rarely make false allegations
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-8
Parent-Child Interaction Model Determination is based on
expected behaviors between offending and non-offending parent and their offspring
Should not be used for criminal complaint
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-9
Multidisciplinary Team Approach Input from child
professionals for abuse determination
Criminal investigator must have active participation
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-10
Step 3: Preliminary Considerations Checklist Determine the
Reason for questioning
Determine the Purpose of the questioning
Identify the Population
Identify the Interviewer
The interview reason determines its length
The purpose of the interview determines the model to be used
The interview population determines the limitations of the interviewee
The choice of interviewer depends on the population
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-11
Step 4: Remain Neutral What, if any, crime
occurred? Who is the
perpetrator? Where did it occur? When did it occur? Against who did it
occur? How was it
perpetrated?
Have crime elements been satisfied?
Has an offender been identified?
Has the location been specified?
Has the time frame been determined?
Has the victim been identified?
Have the specifics been articulated?
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-12
Forensic Child Interviewing Based on the multidisciplinary
approach A traditional structured format
Phase I: Caretaker Instructions
Phase II: Evaluation
Phase III: Child Preparation
Phase IV: Establish Rapport
Phase V: Interview
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-13
Forensic Child Interviewing Phase I: Caretaker Instructions Prior to meeting with
the child, instructions should be provided to the caretaker
Obtain necessary release forms
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-14
Forensic Child Interviewing Phase II: Evaluation Using the
preliminary considerations checklist (slide 7), conduct an evaluation of the upcoming interview
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-15
Forensic Child Interviewing Phase III: Prepare the Child Use the
Comprehensive Monitoring (CM) Preparation Model
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-16
Comprehensive Monitoring (CM) Preparation Model Prior to the interview this is a practice
session with the child interviewee conducted by a non-interviewing person
Practice identifying instances of non-comprehension
Practice responding with verbalizations that indicate lack of understanding
Increase the interviewee awareness of the negative consequences of responding to questions not fully understood
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-17
Forensic Child Interviewing
Phase IV: Establish Rapport Establish rapport
through age appropriate language
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-18
Forensic Child Interviewing Phase V: Conduct the Interview Establish that the child knows the
difference between the truth and a lie
Don’t use “cop talk” Avoid the use of leading questions
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-19
Practice Interview NIJ found that children
who experienced a practice cognitive interview about an unrelated event gave the most complete reports about the target event
A practice interview is highly recommended but not required
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-20
Basics of the Child Cognitive Interview 3 Phase Procedure Adapted from the adult version
Step 1 focuses on developing rapport Step 2 involves techniques designed to
elicit from the child as complete a narrative account of the crime as possible
Step 3 involves the use of additional memory-jogging techniques
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-21
Step 1: Rapport and Preparation Develop rapport with
the child in accordance with recommended guidelines
Prepare child for the interviewer's questions through a set of four instructions
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-22
Rapport Development Do not ask child’s name — “You must be
Mary. My name is Bob.” Ask simple questions about the child’s
world and provide information about yourself.
Do not ask questions that could be regarded as coercive — “Do you want to be my friend?”
Empathize with a nervous child’s feelings. Use positive, open-ended questions likely
to promote conversation — “What are your favorite TV shows?”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-23
Prepare the Child with Four InstructionsGive the child permission: Not to know all of the answers!
There may be some questions that you don’t know the answers to, that’s ok.
Not to answer if they don’t want to! You don’t have to answer, just tell me.
Have them ask what you mean if they don’t understand! If you do not know what I mean, ask me to say it in
new words. Answer the same for repeat questions!
I may forget that I already asked you a question, you don’t have to change your answer.
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-24
Step 2: Narrative Report This step is the most important! In
the most recent version of cognitive interviewing these are the only two mnemonics used
Reconstruct the circumstances mnemonic
Be complete, report everything mnemonic
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-25
Interviewer Guidelines for Reconstruct the Circumstances Mnemonic Reconstruct circumstances. To keep the
child grounded in reality and minimize fantasy the interviewer must avoid such terms as “pretend” or “imagine.” Instead, instruct the child to “picture that time when … as if you were there right now. Think about what it was like there. Tell me out loud. Were there any smells there? Was it dark or light? Picture any other people who were there. What things were there? How were you feeling when you were there? Who else was there?”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-26
Interviewer Guidelines for Report Everything Mnemonic Be complete/report everything. Instruct
the child to start at the beginning and tell everything that happened, from the beginning to the middle, to the end. Tell everything you remember, even little parts that you don’t think are important. Sometimes people leave out little things because they think little things are not important. Tell me everything that happened.
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-27
Suggestions for Step 2 Don’t interrupt while the child is
talking. If needed, prompt in a neutral way,
“and then what happened”. Take notes sparingly; ask for
clarification when the child is finished. Speak slowly so the child will do so
also. Use open-ended questions for
clarification.
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-28
Step 3: Changing the Order and Perspective Mnemonic Use memory-jogging techniques to
obtain new information Change the order mnemonic Change the perspective mnemonic
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-29
Memory-jogging Techniques
Backward-order recall Alphabet search Speech characteristics Conversation New perspective
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-30
Backward-order Recall
Ask the child to recall events in backward order, from the end of the incident to the beginning.
Prepare the child for the backwards technique before asked by prompting the child “what happened right before that?”
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-31
Alphabet Search If a child believes
that a name may have been mentioned during the incident, ask the child to go through the alphabet as an aid to recalling the first letter of the name
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-32
Speech Characteristics
Probe for speech traits. Did a voice remind the child of
another’s? If so, why and what was unusual
about the voice?
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-33
Conversation
How did the child feel about what was said?
Unusual words or phrases?
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-34
New Perspective Use this technique only after the child
seems to have exhausted his or her memory of the event.
Ask the child to recall the incident from the perspective of someone else present. “Put yourself in the body of … and tell me what you would have seen or heard if you had been that person?”
Ask the child to recount the incident from a different perspective, such as through the eyes of someone else who was present, or through the eyes of an inanimate object, such as a stuffed animal that was present.
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-35
Does the Technique Work? Tested by NIJ on 3rd and 6th Graders Memory recall improved by 45 percent
with cognitive method Older children recalled significantly more
facts than the younger children 3rd graders did not make more recall
errors than 6th graders When the backwards order technique
was used, it elicited new information 44 percent of the time
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-36
Positive Interviewers Appeared to develop rapport
effectively, showed interest in what the children were saying, maintained a high level of attention, and generated expanded responses through open-ended questions
They produced the most information and had the highest accuracy rate of 90 percent
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-37
The Child Reporter Accuracy
Account may be incomplete If leading questions are asked
inaccurate responses may occur Embarrassing or humiliating events
may be difficult to express Memory and fantasy
Investigate for corroborating evidence Avoid terms such as pretend or imagine
Smart Talk: Contemporary Interviewing and InterrogationBy Denise Kindschi Gosselin
© 2007 Pearson Education, Inc.Upper Saddle River, NJ 07458
7-38
The Child Victim Use tools to assist the child in
expression Crayons, drawing, or dolls Allow the child to name and
explain any drawings without prompting