Literature DB >> 26237333

The effects of question repetition on responses when prosecutors and defense attorneys question children alleging sexual abuse in court.

Samantha J Andrews1, Michael E Lamb1, Thomas D Lyon2.   

Abstract

This study examined the effects of repeated questions (n = 12,169) on 6- to 12-year-olds' testimony in child sexual abuse cases. We examined transcripts of direct- and cross-examinations of 120 children, categorizing how attorneys asked repeated questions in-court and how children responded. Defense attorneys repeated more questions (33.6% of total questions asked) than prosecutors (17.8%) and repeated questions using more suggestive prompts (38% of their repeated questions) than prosecutors (15%). In response, children typically repeated or elaborated on their answers and seldom contradicted themselves. Self-contradictions were most often elicited by suggestive and option-posing prompts posed by either type of attorney. Child age did not affect the numbers of questions repeated, the types of prompts used by attorneys to repeat questions, or how children responded to repetition. Most (61.5%) repeated questions were repeated more than once and, as repetition frequency increased, so did the number of self-contradictions. "Asked-and-answered" objections were rarely raised (n = 45) and were more likely to be overruled than sustained by judges. Findings suggest that attorneys frequently ask children "risky" repeated questions. Both attorneys and the judiciary need more training in identifying and restricting the unnecessary repetition of questions. (c) 2015 APA, all rights reserved).

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Year:  2015        PMID: 26237333     DOI: 10.1037/lhb0000152

Source DB:  PubMed          Journal:  Law Hum Behav        ISSN: 0147-7307


  3 in total

1.  Pragmatic Failure and Referential Ambiguity when Attorneys Ask Child Witnesses "Do You Know/Remember" Questions.

Authors:  Angela D Evans; Stacia N Stolzenberg; Thomas D Lyon
Journal:  Psychol Public Policy Law       Date:  2017-01-26

2.  The use and impact of repeated questions in diagnostic child abuse assessment interviews.

Authors:  Emily Macleod; Linda Hobbs; Anita Admiraal; David La Rooy; Tess Patterson
Journal:  Psychiatr Psychol Law       Date:  2021-05-26

3.  Did Your Mom Help You Remember?: An Examination of Attorneys' Subtle Questioning About Suggestive Influence to Children Testifying About Child Sexual Abuse.

Authors:  Suzanne St George; Colleen Sullivan; Breanne E Wylie; Kelly McWilliams; Angela D Evans; Stacia N Stolzenberg
Journal:  J Interpers Violence       Date:  2021-06-13
  3 in total

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