Eyewitness testimony is a form of evidence based on an individual’s first-hand account of an event they have witnessed. It is frequently used in criminal trials to help establish a defendant’s guilt or innocence. It can be an effective tool in criminal investigations but is also subject to biases and inaccuracies. Therefore, it is important for courts to consider alternate forms of evidence and for eyewitnesses to be thoroughly questioned and cross-examined.
However, this may be hard when it comes to children. Children are interviewed in various contexts, the most important of which is as part of a forensic investigation. Children may be interviewed if they were witnesses to a crime or if they were the victim of a crime. Children may struggle to recall details accurately, and their testimony may be easily influenced by leading questions or suggestive language. In these cases, interviewers must utilize appropriate techniques, and courts must consider the reliability of the child’s testimony. This article will focus on the ethics of child forensic interviewing and the best practices an interviewer can implement.
Child development is a complex process that involves various aspects of growth and maturation, including physical, cognitive, and social-emotional development. As children grow and develop, their brains undergo significant changes that affect their memory capacity and ability to learn new information. Experiences and environmental factors can also shape a child’s memory abilities. For instance, reading can help improve memory, while exposure to stress or trauma can negatively impact memory development. This memory distortion can make it difficult for a child to accurately recall details of an event. This can result in inconsistencies or inaccuracies in eyewitness testimony.
Mental Health:
The length of time since experiencing or witnessing the event can impact the testimony’s reliability. Forensic interviews should be conducted “soon after the disclosure of abuse, or after witnessing violence” (APSAC, 2012). Interviewers are also responsible for ensuring that the children are not subjected to any additional trauma or harm during the interview process.
In keeping with the APSAC Code of Ethics, the interview should be conducted “in a manner consistent with the best interests of the child”. The child’s well-being and safety should come first, so if they are physically unwell, scared, in shock, or still processing their traumatic experiences, they cannot report in a forensic interview.
Children who witness traumatic events are more likely to develop psychological and emotional issues like anxiety, depression, and post-traumatic stress disorder. It is critical to provide them with proper support and resources to assist them in coping with the trauma and prevent further traumatization.
One thing to remember is that the risk of inaccuracies in testimonies (intentional or unintentional) increases over time.
The study by Peter-Hagene et al. in 2019 examined, after a 1-year delay, the accuracy of children’s identifications in the context of an interviewer’s socio-emotional support and the children’s working memory capacity [1]. The study’s time frame allowed for an assessment of the long-term effects of these factors on children’s memory accuracy. The results suggest that interviewer support and children’s working memory capacity can significantly impact the accuracy of children’s identifications, even after a substantial amount of time has passed.
Consent:
Because children are not legally capable of giving informed consent, consent from their guardians or parents is essential.
The interviewers should explain the procedure, purpose, and potential outcomes to the guardian or parent. They should also inform of the child’s right to refuse to answer questions and to be present during the interview with an advocate or support person. However, obtaining this consent can be difficult if the child is a victim.
In such cases, consent may be sought from a legal guardian, a child welfare agency, or a court-appointed representative. It is important to prioritize the safety and well-being of the child and ensure that their rights are protected throughout the investigation process.
Leading questions:
Professionals should consider how their questions affect the child’s memory and avoid leading questions or suggestive language. External pressures, such as leading questions, make children more vulnerable [2].
Children are more susceptible to leading questions, and they may alter their recollection of events based on the wording of a question, or they may change their answers to please the interviewer or agree to what they believe is expected of them. Children may feel pressured to give specific answers or be coerced into giving false information. To obtain information from a child, interviewers must avoid using any form of coercion, including threats or promises.
Interviewers must avoid leading questions and instead ask open-ended questions to help children describe and remember their experiences in their own words [3]. Ensuring that the child understands the questions and feels comfortable providing honest answers is also critical.
Linguistic considerations:
The interviewer should use age-appropriate language to ensure that the child’s testimony is reliable and accurate. Each child should be approached individually and according to their linguistic development.
Remembering an experience does not guarantee a child can describe it to others. Forensic interviews are difficult for children because they involve unfamiliar conversational patterns and a high level of detail. Young children may use words before fully comprehending their meaning and may be confused by even simple concepts and terms like “tomorrow,” “a lot,” or “a long time”[3]. It is also worth noting that a child who stumbles in English may be competent in providing full disclosure in his or her first language.
Power dynamic:
The power dynamic between the interviewer and the child can be complicated and influenced by various factors, including age, gender, and cultural background. Children are taught to respect and obey adults, and being in a vulnerable situation in a forensic interview can make the child feel helpless and less powerfull[1].
The interviewer is a figure of authority who may possess significant power over the child’s experience. Children, on the other hand, may have unique insights that can challenge or even discredit the interviewer’s assumptions. It is important for interviewers to be aware of these power dynamics and to approach the interview with sensitivity and respect for the child’s perspective. Establishing rapport with the child and creating a safe and comfortable environment can help the child share their experiences without feeling intimidated or coerced.
Best practices:
Interviewers can adopt these techniques to maximize the amount of information gained from the forensic interview:
Using different questioning techniques, such as the National Institute of Child Health and Human Development (NICHD) protocol [4]. This effectively elicits more detailed and accurate information from children about their experiences.
Exhibit an Interviewer Stance Aimed at Eliciting Accurate and Reliable Information[5]:
- Keep your objectivity while being warm, friendly, and respectful.
- Try to balance power and put less emphasis on authority.
- Don’t bring up stereotypes (negative or positive characterizations of suspected abusers or the events disclosed).
- Be patient and okay with being quiet.
- Consider possible explanations for parts of the child’s story that seem strange or can’t be explained. Don’t just dismiss the child’s story when these things are present.
Use developmentally appropriate language: Tailor vocabulary, sentence structure, and complexity of prompts to the child’s developmental level.
Adapt to the Individual Child: Let the child set the pace for the interview and adjust accordingly.
Demonstrate Respect for Cultural Diversity and Strive for Cultural Competence: Remember how the child’s culture affects how they see experiences, how they talk, how comfortable they talk to strangers in a formal setting, and how important family loyalty and privacy are to them.
In conclusion, interviewing children as eyewitnesses requires a delicate balance between obtaining accurate information and protecting the child’s well-being. Forensic professionals must carefully address ethical considerations such as; informed consent and avoid suggestive questions to ensure the child’s testimony is reliable. As researchers and practitioners continue to grapple with these complex issues, it is important to prioritize the child’s best interests and strive towards creating a more just legal system that upholds the rights of all individuals, regardless of age.
Reference:
- Wolpe, S. and Goodman, G.S. (2019). Child Witness Research and Children’s Rights. International Journal on Child Maltreatment: Research, Policy and Practice, 2(4), pp.211–217. doi:https://doi.org/10.1007/s42448-019-00035-4.
- Williams, H. (2022). Children’s eyewitness testimony can be as accurate as adults’ or more so – if interviewers follow these guidelines. [online] Clemson News. Available at: https://news.clemson.edu/childrens-eyewitness-testimony-can-be-as-accurate-as-adults-or-more-so-if-interviewers-follow-these-guidelines/.
- Gov, O., Listenbee, R., Newlin, C., Steele, L., Chamberlin, A., Anderson, J., Kenniston, J., Russell, A., Stewart, H. and Vaughan-Eden, V. (2015). From the Administrator Child Forensic Interviewing: Best Practices. [online] Available at: https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/248749.pdf
- Baugerud, G.A. and Johnson, M.S. (2017). The NICHD Protocol: Guide to Follow Recommended Investigative Interview Practices at the Barnahus? Collaborating Against Child Abuse, [online] pp.121–143. doi:https://doi.org/10.1007/978-3-319-58388-4_6.
- Practice Guidelines Forensic Interviewing in Cases of Suspected Child Abuse. (2012).
