Memory & Suggestibility & Defending the Forensic Interview Robert Giles Senior Attorney NDAA’s National Center for Prosecution of Child Abuse 703-519-1656

Memory & Suggestibility & Memory & Suggestibility & Defending the Forensic Defending the Forensic

InterviewInterview

Memory & Suggestibility & Memory & Suggestibility & Defending the Forensic Defending the Forensic

InterviewInterviewRobert Giles

Senior Attorney NDAA’s National Center for Prosecution of Child Abuse

[email protected]

Robert GilesSenior Attorney

NDAA’s National Center for Prosecution of Child Abuse 703-519-1656

[email protected]

mailto:[email protected]

mailto:[email protected]

Items contained in this presentation may Items contained in this presentation may be subject to United States copyright law be subject to United States copyright law and are used under the guidelines of 17 and are used under the guidelines of 17 U.S.C. 107, also known as the Fair Use U.S.C. 107, also known as the Fair Use

Act.Act.

Items contained in this presentation may Items contained in this presentation may be subject to United States copyright law be subject to United States copyright law and are used under the guidelines of 17 and are used under the guidelines of 17 U.S.C. 107, also known as the Fair Use U.S.C. 107, also known as the Fair Use

Act.Act.

TOPICS TO COVERTOPICS TO COVER

History

Memory & Suggestibility

Early Research

Legal Fallout

Recent Research

Research and the Real World

Anatomical Dolls and Drawings

Credentials for Forensic Interviewers

Protocols

Defending Questions to Child

History

Memory & Suggestibility

Early Research

Legal Fallout

Recent Research

Research and the Real World

Anatomical Dolls and Drawings

Credentials for Forensic Interviewers

Protocols

Defending Questions to Child

Developing the Skills to Defend a Forensic InterviewDeveloping the Skills to Defend a Forensic Interview

Memory & suggestibility attacks

Finding corroborating evidence

Know your case/interview

Training

Protocols

Are you an expert?

Memory & suggestibility attacks

Finding corroborating evidence

Know your case/interview

Training

Protocols

Are you an expert?

CHildren and HistoryCHildren and History

Highly suggestible

Wholly unreliable

Pop psychology

Salem witch trial 1692

Highly suggestible

Wholly unreliable

Pop psychology

Salem witch trial 1692

HISTORY of Children & PsychologyHISTORY of Children & Psychology

The history of psychology in the past 100 years has been filled with theories that deny sexual abuse occurs, that discounts the responsibility of the offender, that blame the mother and/or child when it does occur, and that minimize the impact.

The history of psychology in the past 100 years has been filled with theories that deny sexual abuse occurs, that discounts the responsibility of the offender, that blame the mother and/or child when it does occur, and that minimize the impact. ANNA C. SALTER, PH.D, PREDATORS 57 (2003)ANNA C. SALTER, PH.D, PREDATORS 57 (2003)

HISTORY of Children & PsychologyHISTORY of Children & Psychology

It constitutes a sorry chapter in the history of psychology, but it is not only shameful, it is also puzzling. Hostility toward child victims leaks through the literature like poison.

It constitutes a sorry chapter in the history of psychology, but it is not only shameful, it is also puzzling. Hostility toward child victims leaks through the literature like poison.

ANNA C. SALTER, PH.D, PREDATORS 57 (2003)ANNA C. SALTER, PH.D, PREDATORS 57 (2003)

SALEM WITCH TRIALS (1692)SALEM WITCH TRIALS (1692)

“The prevailing legal attitude for the following 300 years has been one of skepticism about the testimony of child witnesses”

“The prevailing legal attitude for the following 300 years has been one of skepticism about the testimony of child witnesses”

Stephen Ceci & Maggie Bruck, Suggestibility of the Child Witness: A Historical Review and Synthesis,

113 Psychological Bulletin 403, 405 (1993)

Stephen Ceci & Maggie Bruck, Suggestibility of the Child Witness: A Historical Review and Synthesis,

113 Psychological Bulletin 403, 405 (1993)

PROSECUTORS and child witnessesPROSECUTORS and child witnesses

“[P]rosecutors are reluctant to bring to court cases that rely primarily on a young child’s eyewitness testimony, presumably because of burden-of-proof problems and a suspicion that jurors have negative stereotypes about children’s memories”

“[P]rosecutors are reluctant to bring to court cases that rely primarily on a young child’s eyewitness testimony, presumably because of burden-of-proof problems and a suspicion that jurors have negative stereotypes about children’s memories”

S.J. Ceci, D.F. Ross, M.P. Toglia, EDS Perspectives on Children’s Testimony

101 (1989)

S.J. Ceci, D.F. Ross, M.P. Toglia, EDS Perspectives on Children’s Testimony

101 (1989)

What is Suggestibility?What is Suggestibility?

The degree to which one’s memory or recounting of a event is influenced by suggested information or misinformation.

Can be the result of:

Being told what to say

Being questioned in a way that alters your recollection of the event

The degree to which one’s memory or recounting of a event is influenced by suggested information or misinformation.

Can be the result of:

Being told what to say

Being questioned in a way that alters your recollection of the event

Children 10 and over are no more suggestible than adultsChildren 10 and over are no more suggestible than adults

By the time children reach approximately age 10 to 12, they appear to be generally no more suggestible than adults (Saywitz & Snyder, 1993; Saywitz, Goodman, & Lyon, 2002; Cole & Loftus, 1987).

By the time children reach approximately age 10 to 12, they appear to be generally no more suggestible than adults (Saywitz & Snyder, 1993; Saywitz, Goodman, & Lyon, 2002; Cole & Loftus, 1987).


Saywitz, K. J., & Snyder, L. (1993). Improving children's testimony with preparation: In G. S. Goodman, & B.L. Bottoms (Eds.) Child victims, child witnesses: Understanding and improving testimony (pp. 117-146). NY: Guilford Press.

Saywitz, K. J., & Snyder, L. (1993). Improving children's testimony with preparation: In G. S. Goodman, & B.L. Bottoms (Eds.) Child victims, child witnesses: Understanding and improving testimony (pp. 117-146). NY: Guilford Press.


Saywitz, K. J., Goodman, G. S., & Lyon, T. D. (2002). Interviewing children in and out of court: In J. E. B. Meyers, L. Berliner, J. Briere, C. T. Hendrix, C. Jenny, T. A. Reid (Eds.) The APSAC handbook on child maltreatment (pp. 349-377). CA: Sage.

Saywitz, K. J., Goodman, G. S., & Lyon, T. D. (2002). Interviewing children in and out of court: In J. E. B. Meyers, L. Berliner, J. Briere, C. T. Hendrix, C. Jenny, T. A. Reid (Eds.) The APSAC handbook on child maltreatment (pp. 349-377). CA: Sage.


Cole, C.B., & Loftus, E.F. (1987). The memory of children: in S. J. Ceci, M. P. Toglia, & D. F. Ross (Eds.) Children's Eyewitness Memory (pp.195). New York: Springer-Verlag.

Cole, C.B., & Loftus, E.F. (1987). The memory of children: in S. J. Ceci, M. P. Toglia, & D. F. Ross (Eds.) Children's Eyewitness Memory (pp.195). New York: Springer-Verlag.

M & S Research: The First WaveM & S Research: The First Wave

Prior to 1979 shortage of research

From 1979 to 1990 over 100 studies, much pro-child

Prior to 1979 shortage of research

From 1979 to 1990 over 100 studies, much pro-child

The clown studyThe clown study

Pairs of kids, ages 4 - 7 sent into a trailer

One child interacts with the clown while the other watches

Kids asked leading questions like “he took you clothes off didn’t he”

Pairs of kids, ages 4 - 7 sent into a trailer

One child interacts with the clown while the other watches

Kids asked leading questions like “he took you clothes off didn’t he”

Rudy & Goodman, Effects of Participation on Children’s Report: Implications for Children’s Testimony,

Developmental Psychology 27(4) (1991)



The clown studyThe clown study

Not one of the kids who interacted with the clown made a false report.

Only one of the “bystander” kids made a false report of abuse (spanking).

Not one of the kids who interacted with the clown made a false report.

Only one of the “bystander” kids made a false report of abuse (spanking).





THE MEDICAL EXAM STUDYTHE MEDICAL EXAM STUDY

Goodman & colleagues study 100’s of kids having a medical exam

Goodman & colleagues study 100’s of kids having a medical exam

Sawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital

Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology, 59

(5), 1991


Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology, 59

(5), 1991


5 and 7 year old girls

½ had a scoliosis exam & ½ had an external genital exam

5 and 7 year old girls

½ had a scoliosis exam & ½ had an external genital exam


Touch: Implications for Reports of Child Sexual Abuse, Journal of Consulting and Clinical Psychology,

59 (5), 1991



59 (5), 1991


Interviewers used free recall, anatomical dolls, direct, and misleading questions

Interviewers used free recall, anatomical dolls, direct, and misleading questions

“Did the doctor put something in your mouth?”“Did you take your clothes off?”“How many times did the doctor kiss you?”“Did the doctor touch you there?” (while pointing to vagina on doll)“Did the doctor ever touch you before that day?”

“Did the doctor put something in your mouth?”“Did you take your clothes off?”“How many times did the doctor kiss you?”“Did the doctor touch you there?” (while pointing to vagina on doll)“Did the doctor ever touch you before that day?”



59 (5), 1991



59 (5), 1991


Only 3 to 5 % of the children made a false report

14 to 31 % failed to reveal genital touching

5 years olds were more likely to reveal genital contact then 7 year olds

Children reported twice as much correct information when demonstrating on dolls

None of the children demonstrated sexually explicit behavior with the dolls

Only 3 to 5 % of the children made a false report

14 to 31 % failed to reveal genital touching

5 years olds were more likely to reveal genital contact then 7 year olds

Children reported twice as much correct information when demonstrating on dolls

None of the children demonstrated sexually explicit behavior with the dolls



59 (5), 1991



59 (5), 1991

MEDICAL EXAM STUDY RESULTSMEDICAL EXAM STUDY RESULTS

Not one of the seven year old children made a false report.

Only 3 out of 215 of the five year old children made a false report.

False security

Not one of the seven year old children made a false report.

Only 3 out of 215 of the five year old children made a false report.

False securitySawitz, Goodman, Nicholas & Moan, Children’s Memories of a Physical Examination Involving Genital


59 (5), 1991



59 (5), 1991

Legal FalloutLegal Fallout

Cases that Changed how we do BusinessCases that Changed how we do Business

State of New Jersey v. Michaels

The McMartin Preschool Case – Manhattan Beach, CA

Little Rascals Day Care – Edenton, NC

Fells Acres Day Care – Malden, MA

State of New Jersey v. Michaels

The McMartin Preschool Case – Manhattan Beach, CA

Little Rascals Day Care – Edenton, NC

Fells Acres Day Care – Malden, MA

State v. Michaels136 N.J. 299; 642 A. 2d 1372 (1994)

State v. Michaels136 N.J. 299; 642 A. 2d 1372 (1994)

Multiple pre-school victims

Michaels convicted of 131 counts

Convictions reversed

Multiple pre-school victims

Michaels convicted of 131 counts

Convictions reversed

The InvestigationThe Investigation

4 1/2 year old told “lots of other kids” revealed abuse.

Child told the interview would end once the child “cooperated”.

When child announced he “hated” the investigator, the investigator told the child he “secretly” liked the interviewer.

“Do you want to help us keep her in jail”.

4 1/2 year old told “lots of other kids” revealed abuse.

Child told the interview would end once the child “cooperated”.

When child announced he “hated” the investigator, the investigator told the child he “secretly” liked the interviewer.

“Do you want to help us keep her in jail”.

THE MICHAELS AFTERMATHTHE MICHAELS AFTERMATH

The cat’s out of the bag. Child testimony viewed with suspicion

In a child abuse case, it is reversible error not to allow a defense expert to testify “regarding the techniques employed by (the police officer) and the prosecutor in their examinations of the child.” Pyron v. State, 237 GA .App. 198, 514 S.E. 2d 51, 1999

http://www.law.umkc.edu/faculty/projects/ftrials/mcmartin/salemparallels.htm

The cat’s out of the bag. Child testimony viewed with suspicion

In a child abuse case, it is reversible error not to allow a defense expert to testify “regarding the techniques employed by (the police officer) and the prosecutor in their examinations of the child.” Pyron v. State, 237 GA .App. 198, 514 S.E. 2d 51, 1999






THE SECOND WAVE OF RESEARCHTHE SECOND WAVE OF RESEARCH

Research reflects high profile cases.

Research is given great weight by some courts.

Research reflects high profile cases.

Research is given great weight by some courts.

““Sam Stone Study”Sam Stone Study”Lichtman & Ceci,Lichtman & Ceci,

The Effect of Stereotypes and The Effect of Stereotypes and Suggestions on Preschoolers’ Suggestions on Preschoolers’

Reports, Reports, Developmental PsychologyDevelopmental Psychology 31(4) (1995)31(4) (1995)

““Sam Stone Study”Sam Stone Study”Lichtman & Ceci,Lichtman & Ceci,

The Effect of Stereotypes and The Effect of Stereotypes and Suggestions on Preschoolers’ Suggestions on Preschoolers’

Reports, Reports, Developmental PsychologyDevelopmental Psychology 31(4) (1995)31(4) (1995)

THE SAM STONE THE SAM STONE STUDYTHE SAM STONE THE SAM STONE STUDY

Researchers “tell” 3-6 year old kids about Sam Stone.

Stereotype SS as “clumsy”.

SS visits the classroom.

The next day, kids given fictitious evidence.

Researchers “tell” 3-6 year old kids about Sam Stone.

Stereotype SS as “clumsy”.

SS visits the classroom.

The next day, kids given fictitious evidence.

Lichtman & Ceci, The Effect of Stereotypes and Suggestions on Preschoolers’ Reports,




SAM STONE RESULTSSAM STONE RESULTS

Kids interviewed for 2 minutes once a week for 4 weeks after the visit.

Kids asked “leading” questions such as “I wonder is SS was wearing long pants or short pants when he ripped the book” and “I wonder if SS got the teddy bear dirty on purpose or by accident.”

Children told 27 lies in interviews.

First interview: 25% surmised SS did it.

Kids interviewed for 2 minutes once a week for 4 weeks after the visit.

Kids asked “leading” questions such as “I wonder is SS was wearing long pants or short pants when he ripped the book” and “I wonder if SS got the teddy bear dirty on purpose or by accident.”

Children told 27 lies in interviews.

First interview: 25% surmised SS did it.





SAM STONE RESULTSSAM STONE RESULTS

10 weeks after the visit, a “new” interview.

46% of 3-4 year olds inaccurately recalled that SS did clumsy things.


Only 21% or 3-4 and under 10% of 5-6 year olds made the same claims when gently challenge.

10 weeks after the visit, a “new” interview.



Only 21% or 3-4 and under 10% of 5-6 year olds made the same claims when gently challenge.





THE SAM STONE STUDYTHE SAM STONE STUDY

Ceci & Liechtman stated “these results indicate that not only do young children form stereotypes but that stereotype formation interacts with suggestive questioning to a greater extent for younger than older children”

Ceci & Liechtman stated “these results indicate that not only do young children form stereotypes but that stereotype formation interacts with suggestive questioning to a greater extent for younger than older children”





THE SAM STONE STUDYTHE SAM STONE STUDY

Ceci & Leichtman concluded, “[W]hen the context of a child’s reporting of an event is free of the strong stereotypes and repeated leading questions that may be introduced by adults the odds are tilted in favor of factual reporting”

Ceci & Leichtman concluded, “[W]hen the context of a child’s reporting of an event is free of the strong stereotypes and repeated leading questions that may be introduced by adults the odds are tilted in favor of factual reporting”

Lichtman & Ceci, The Effect of Stereotypes and

Suggestions on Preschoolers’ Reports, Developmental

Psychology 31(4) (1995)

Lichtman & Ceci, The Effect of Stereotypes and

Suggestions on Preschoolers’ Reports, Developmental

Psychology 31(4) (1995)

Mousetrap StudyMousetrap StudyMousetrap StudyMousetrap StudyCeci, Loftus, Leichtman, Bruck, The Possible Role of

Source Misattributions in the Creation of False Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304) (1994)

Ceci, Loftus, Leichtman, Bruck, The Possible Role of Source Misattributions in the Creation of False

Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304) (1994)

THE MOUSETRAPTHE MOUSETRAP

Children ages 3 to 6

12 interviews of 30 minutes each

Children told about a fictional event and then told to picture it in their head

Initially 23% remembered the fictional event

By interview 12, 43% remembered the fictional event

Children ages 3 to 6

12 interviews of 30 minutes each

Children told about a fictional event and then told to picture it in their head

Initially 23% remembered the fictional event

By interview 12, 43% remembered the fictional event

Ceci, Loftus, Leichtman, Bruck, The Possible Role of Source Misattributions in the Creation of False Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304)

(1994)

Ceci, Loftus, Leichtman, Bruck, The Possible Role of Source Misattributions in the Creation of False Beliefs Among Preschoolers, International Journal of Clinical and Experimental Hypnosis 62 (304)

(1994)

THE INOCULATION THE INOCULATION STUDYSTUDY

THE INOCULATION THE INOCULATION STUDYSTUDY

Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s Reports about a

Visit to Their Pediatrician, Child Development, 66 (1995)

Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s Reports about a

Visit to Their Pediatrician, Child Development, 66 (1995)

THE INOCULATION STUDYTHE INOCULATION STUDY

Kids (ages 4-5) receive a medical exam by pediatrician.

After exam, researcher stays during oral vaccine and inoculation.

RA removes child and plays.

11 months later, kids interviewed.

Kids (ages 4-5) receive a medical exam by pediatrician.

After exam, researcher stays during oral vaccine and inoculation.

RA removes child and plays.

11 months later, kids interviewed.

Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s

Reports about a Visit to Their Pediatrician, Child Development, 66 (1995)

Bruck, Ceci, Francoeur & Barr, “I Hardly Cried when I got my Shot!” Influencing Children’s

Reports about a Visit to Their Pediatrician, Child Development, 66 (1995)

INOCULATION STUDY RESULTSINOCULATION STUDY RESULTS

Kids interviewed four times over a two week period.

Kids are lied to about RA and pediatrician duties.

In the 4th interview, 40% of kids falsely reported the duties of one of the players.

Kids interviewed four times over a two week period.

Kids are lied to about RA and pediatrician duties.

In the 4th interview, 40% of kids falsely reported the duties of one of the players.

Memory/SuggestibilityMemory/SuggestibilityThe Jack O’Mack StudyThe Jack O’Mack StudyMemory/SuggestibilityMemory/SuggestibilityThe Jack O’Mack StudyThe Jack O’Mack Study

Bhavna Shyamalan & Sharon Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of Abusive Behavior

Bhavna Shyamalan & Sharon Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of Abusive Behavior

THE JACK O’MACK STUDY THE JACK O’MACK STUDY

Jack “tested” toys, measured feet, and painted faces on toenails

Four months later, kids were told to take the process seriously

After ten suggestive interview sessions, not one child falsely accused Jack of yelling

Serious atmosphere/Serious allegation

Jack “tested” toys, measured feet, and painted faces on toenails

Four months later, kids were told to take the process seriously

After ten suggestive interview sessions, not one child falsely accused Jack of yelling

Serious atmosphere/Serious allegation

Shyamalan & Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of

Abusive Behavior

Shyamalan & Lamb, The Effects of Repeated Questioning on Preschoolers’ Reports of

Abusive Behavior

Recent RESEARCHRecent RESEARCH

Study examines children’s ability to maintain a false statement about body touch

Study examines children’s ability to maintain a false statement about body touch

Quas, Davis, Goodman, Myers, Repeated Questions, Deception, and Children’s True and False

Reports of Body Touch, Child Maltreatment, 12 (1) (2007)



FALSE TOUCHES STUDYFALSE TOUCHES STUDY

1 to 3 weeks later the children are interviewed

Children who lied about being touched were able to accurately maintain the lie during repeated, direct questioning

Children who lied were less accurate then truth tellers when answering questions not related to the lie

1 to 3 weeks later the children are interviewed

Children who lied about being touched were able to accurately maintain the lie during repeated, direct questioning

Children who lied were less accurate then truth tellers when answering questions not related to the lie





FALSE TOUCHES STUDYFALSE TOUCHES STUDY

Children who answered truthfully about not being touched were both accurate and consistent in their statements

Children who answered truthfully about not being touched were both accurate and consistent in their statements





RESEARCH AND THE REAL WORLDRESEARCH AND THE REAL WORLD

Average age of victims is 10 years old

Most interviews occur soon after disclosure

Interviewers use non-suggestive techniques

Victims are most often abused by close family members

Majority of children did not adopt suggestive question

Average age of victims is 10 years old

Most interviews occur soon after disclosure

Interviewers use non-suggestive techniques

Victims are most often abused by close family members

Majority of children did not adopt suggestive question

RESEARCH AND THE REAL WORLDRESEARCH AND THE REAL WORLD

Real World: Children interviewed after they reveal abuse

Research World: Children interviewed repeatedly after they deny an event

Real World: Children interviewed after they reveal abuse

Research World: Children interviewed repeatedly after they deny an event

WHAT WE LEARNEDWHAT WE LEARNED

Do not “tell” children the answer

Do not stereotype the perpetrator

Do not treat any aspect of the interview as a game

Even very young children can lie

Younger children are more suggestible than older children

The majority of children “stuck to their guns”-only a minority made a false report

Do not “tell” children the answer

Do not stereotype the perpetrator

Do not treat any aspect of the interview as a game

Even very young children can lie

Younger children are more suggestible than older children

The majority of children “stuck to their guns”-only a minority made a false report

Other ReadingOther Reading

Bruck, Ceci, & Francoeur, The Accuracy of Mother’s Memories of Conversations with Their Preschool Children, Journal of Experimental Psychology: Applied, 5(1) (1999)

London, Bruck, Wright & Ceci, Review of the Contemporary Literature on How Children Report Sexual Abuse to Others: Findings, Methodological Issues, and Implications for Forensic Interviewers, Memory, 16(1) (2008)

London, Bruck, Ceci & Shuman, Disclosure of Child Sexual Abuse: What Does the Research Tell Us About the Ways that Children Tell, Psychology, Public Policy, and Law, 11(1) (2005)

Lyon, Applying Suggestibility Research to the Real World; The Case of Repeated Questions, Law & Contemp. Probs. 65 (97) (2002)

Wright, Hanoteau, Parkinson & Tatham, Perceptions About Memory Reliability and Honesty for Children of 3 to 18 years Old, Legal and Criminological Psychology, 15 (2010)

Bruck, Ceci, & Francoeur, The Accuracy of Mother’s Memories of Conversations with Their Preschool Children, Journal of Experimental Psychology: Applied, 5(1) (1999)

London, Bruck, Wright & Ceci, Review of the Contemporary Literature on How Children Report Sexual Abuse to Others: Findings, Methodological Issues, and Implications for Forensic Interviewers, Memory, 16(1) (2008)

London, Bruck, Ceci & Shuman, Disclosure of Child Sexual Abuse: What Does the Research Tell Us About the Ways that Children Tell, Psychology, Public Policy, and Law, 11(1) (2005)

Lyon, Applying Suggestibility Research to the Real World; The Case of Repeated Questions, Law & Contemp. Probs. 65 (97) (2002)

Wright, Hanoteau, Parkinson & Tatham, Perceptions About Memory Reliability and Honesty for Children of 3 to 18 years Old, Legal and Criminological Psychology, 15 (2010)

Anatomical Dolls and Drawings Anatomical Dolls and Drawings

Not Diagnostic

Not unduly suggestive

Not Diagnostic

Not unduly suggestive

Anatomical Dolls and Drawings are Useful to:Anatomical Dolls and Drawings are Useful to:

Stimulate the memory of a child

Allow the child to demonstrate

Confirm the interviewer’s understanding

Stimulate the memory of a child

Allow the child to demonstrate

Confirm the interviewer’s understanding

Doll ProtocolDoll Protocol

Only after verbal disclosure

Not a play toy

Dolls are always fully clothed

Representational shift determination

Have child define conduct verbally while demonstrating

Remove dolls when not needed

Only after verbal disclosure

Not a play toy

Dolls are always fully clothed

Representational shift determination

Have child define conduct verbally while demonstrating

Remove dolls when not needed

Attacks on Use of DollsAttacks on Use of Dolls

If used with children who can’t make the representational shift or when accompanied with abusive questioning, appellate errors arise

Research condemning the use of dolls employs these practices

If used with children who can’t make the representational shift or when accompanied with abusive questioning, appellate errors arise

Research condemning the use of dolls employs these practices

suggested reading: Dolls & Drawingssuggested reading: Dolls & Drawings

Faller, K. C. (2005). Anatomical dolls: their use in assessment of children who may have been sexually abused, Journal of Child Sexual Abuse, 14(3), 1-21.

Poole, D. A., & Dickinson, J. J. (2011). Evidence supporting restrictions on uses of body diagrams in forensic interviews, Child Abuse and Neglect, 35, 659-699.

Everson, M. D. & Boat, B. W. (2002). The utility of anatomical dolls and drawings in child forensic interviews: In M. L. Eisen, J. A. Quas, & G. S. Goodman, (Eds.), Memory and suggestibility in the forensic interview (pp. 383-408). Mahwah, NJ: Lawrence Erlbaum Associates, Inc.

Faller, K. C. (2005). Anatomical dolls: their use in assessment of children who may have been sexually abused, Journal of Child Sexual Abuse, 14(3), 1-21.

Poole, D. A., & Dickinson, J. J. (2011). Evidence supporting restrictions on uses of body diagrams in forensic interviews, Child Abuse and Neglect, 35, 659-699.

Everson, M. D. & Boat, B. W. (2002). The utility of anatomical dolls and drawings in child forensic interviews: In M. L. Eisen, J. A. Quas, & G. S. Goodman, (Eds.), Memory and suggestibility in the forensic interview (pp. 383-408). Mahwah, NJ: Lawrence Erlbaum Associates, Inc.

ProtocolsProtocols

Having a forensic interview protocol is necessary to successfully defend you forensic interviews

Know what your protocol says so that you can describe how you followed it in this case

Also know what your investigative protocol requires and how you followed it or why you had to deviate in this case

Having a forensic interview protocol is necessary to successfully defend you forensic interviews

Know what your protocol says so that you can describe how you followed it in this case

Also know what your investigative protocol requires and how you followed it or why you had to deviate in this case

Protocol TypesProtocol Types

National Protocols

NCAC

Child First/RATAC

NICHD

Tom Lyon’s 10 Step

Childhood Trust

National Protocols

NCAC

Child First/RATAC

NICHD

Tom Lyon’s 10 Step

Childhood Trust

Protocol TypesProtocol Types

States with their own protocols

Michigan

Texas

California

New York

States with their own protocols

Michigan

Texas

California

New York

Defending your decisionsDefending your decisions

If you have to deviate from your protocol know why, document that reason and be prepared to defend that decision

Multiple interviews

Medical exam: yes or no

Use of interpreter

Recording v. no recording

If you have to deviate from your protocol know why, document that reason and be prepared to defend that decision

Multiple interviews

Medical exam: yes or no

Use of interpreter

Recording v. no recording

Defending Your QuestionsDefending Your Questions

No perfect interview

Developmentally appropriate language

Leading, directed, multiple choice, Yes/NO

Narrative invitation

Review your interview

Look at questions in full context of interview

No perfect interview

Developmentally appropriate language

Leading, directed, multiple choice, Yes/NO

Narrative invitation

Review your interview

Look at questions in full context of interview

Credentialing:Credentialing:

Who is behind it?

What is it?

What does it mean for forensic interviewing?

I’m not credentialed, now what???

Who is behind it?

What is it?

What does it mean for forensic interviewing?

I’m not credentialed, now what???

Who is Behind it?Who is Behind it?

Certification RequirementsCertification Requirements



What Does it Mean for Forensic Interviewing:What Does it Mean for Forensic Interviewing:

Pro’s:

Implementation of Forensic Interviewing Ethical Standards

Expectation to create interviewers with greater experience

Standardized testing for all those certified

National requirements for ongoing training

Pro’s:

Implementation of Forensic Interviewing Ethical Standards

Expectation to create interviewers with greater experience

Standardized testing for all those certified

National requirements for ongoing training

What Does it Mean for Forensic Interviewing:What Does it Mean for Forensic Interviewing:

Con’s:

Costs more money for strapped public agencies and non-profits

Takes focus away from child’s statement

Creates additional fodder for cross-examination

Does not assure a level of quality practice

Con’s:

Costs more money for strapped public agencies and non-profits

Takes focus away from child’s statement

Creates additional fodder for cross-examination

Does not assure a level of quality practice

What Can Happen What Can Happen When an Interview When an Interview

Goes BadGoes Bad

What Can Happen What Can Happen When an Interview When an Interview

Goes BadGoes Bad

WHO ARE THESE PEOPLE?WHO ARE THESE PEOPLE?

ConclusionConclusion

Be confident

In yourself

Your interview

Your investigation

Your case

Be confident

In yourself

Your interview

Your investigation

Your case

YOU ARE CHANGING THEWORLD ONE CHILD AT A TIME

YOU ARE CHANGING THEWORLD ONE CHILD AT A TIME

CHANGING THE WORLDCHANGING THE WORLD

Perhaps we cannot make this a world where children are not tortured but we can lessen the number of tortured children

Allbert Camus, The Plague

Perhaps we cannot make this a world where children are not tortured but we can lessen the number of tortured children

Allbert Camus, The Plague

ReferencesReferences

Victor Vieth, Memory and Suggestibility Research:Does the Surreal World of the Laboratory Apply to the Real World? NDAA

Thanks to Victor Vieth, Laura Rogers, Angela Scott and NCPCA

Linda Steele, National Children’s Advocacy Center

Victor Vieth, Memory and Suggestibility Research:Does the Surreal World of the Laboratory Apply to the Real World? NDAA

Thanks to Victor Vieth, Laura Rogers, Angela Scott and NCPCA

Linda Steele, National Children’s Advocacy Center

Documents

Memory & Suggestibility & Defending the Forensic Interview Robert Giles Senior Attorney NDAA’s National Center for Prosecution of Child Abuse 703-519-1656