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13. Interviewing Children., Thomas D. Lyon
13. Interviewing Children., Thomas D. Lyon
Thomas D. Lyon
There is sufficient empirical evidence and consensus to begin to build guidelines, including the interview structure, setting, interviewer demeanor, children's reluctance and suggestibility, rapport development, narrative practice, introducing the topic of abuse, avoiding concepts that confuse children, instructions to children, phrasing of questions, evidence-based strategies for eliciting details, and multiple interviews.
20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas
20. Maltreated And Non-Maltreated Children’S Evaluations Of Emotional Fantasy., Nathalie Carrick, Thomas D. Lyon, Jodi A. Quas
Thomas D. Lyon
Objectives: The purpose of the study was to examine differences between maltreated and nonmaltreated children’s ability to differentiate emotionally evocative fantastic and real events.
Methods: Four- and 5-year-old (n = 145) maltreated and nonmaltreated children viewed images depicting positive and negative fantastic and real events and reported whether the events could occur in real life and how the images made them feel. Children also completed a measure of verbal ability.
Results: Maltreated children were more accurate than nonmaltreated children in stating that negative real events could occur, but less accurate in stating that frightening fantastic events …
10. Witnesses, Children As Legal., Thomas D. Lyon
10. Witnesses, Children As Legal., Thomas D. Lyon
Thomas D. Lyon
Child witnesses present challenges for both law and psychology. The question is how to elicit statements from children without sacrificing the truth, the rights of those against whom the child is testifying, and the welfare of the child.
9. Authors’ Response To Vieth, Thomas D. Lyon
9. Authors’ Response To Vieth, Thomas D. Lyon
Thomas D. Lyon
In 2007, Lamb, Orbach, Hershkowitz, Esplin, and Horowitz published in Child Abuse & Neglect a review of empirical research on the National Institute of Child Health and Development (NICHD) Investigative Interview Protocol in which they provided extensive research supporting the conclusion that the NICHD Protocol “comprises a useful and usable set of guidelines that allow trained interviewers to conduct investigative interviews that hew more closely than they otherwise would to universally endorsed professional guidelines” (p. 1212).
19. Young Children’S Competency To Take The Oath: Effects Of Task, Maltreatment, And Age., Thomas D. Lyon, Nathalie Carrick, Jodi A. Quas
19. Young Children’S Competency To Take The Oath: Effects Of Task, Maltreatment, And Age., Thomas D. Lyon, Nathalie Carrick, Jodi A. Quas
Thomas D. Lyon
This study examined maltreated and non-maltreated children’s (N = 183) emerging understanding of ‘‘truth’’ and ‘‘lie,’’ terms about which they are quizzed to qualify as competent to testify. Four- to six-year-old children were asked to accept or reject true and false (T/F) statements, label T/F statements as the ‘‘truth’’ or ‘‘a lie,’’ label T/F statements as ‘‘good’’ or ‘‘bad,’’ and label ‘‘truth’’ and ‘‘lie’’ as ‘‘good’’ or ‘‘bad.’’ The youngest children were at ceiling in accepting/rejecting T/F statements. The labeling tasks revealed improvement with age and children performed similarly across the tasks. Most children were better able to evaluate ‘‘truth’’ …
18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon
18. Complex Questions Asked By Defense Lawyers But Not Prosecutors Predicts Convictions In Child Abuse Trials., Angela D. Evans, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
Attorneys’ language has been found to influence the accuracy of a child’s testimony, with defense attorneys asking more complex questions than the prosecution (Zajac & Hayne, J. Exp Psychol Appl 9:187–195, 2003; Zajac et al. Psychiatr Psychol Law, 10:199–209, 2003). These complex questions may be used as a strategy to influence the jury’s perceived accuracy of child witnesses. However, we currently do not know whether the complexity of attorney’s questions predict the trial outcome. The present study assesses whether the complexity of questions is related to the trial outcome in 46 child sexual abuse court transcripts using an automated linguistic …
17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon
17. Maltreated Children’S Understanding Of And Emotional Reactions To Dependency Court Involvement., Jodi A. Quas, Allison R. Wallin, Briana Horwitz, Thomas D. Lyon
Thomas D. Lyon
Little is known about the extent to which maltreated children understand what is happening during their participation in court proceedings, despite large numbers of children coming into contact with the legal system as victims of maltreatment. In the present study, maltreated 4- to 15-year-olds were interviewed about their understanding of dependency court on the day of their scheduled court visit. Their feelings about attending their hearings were also assessed, and after their hearing, their understanding of the decisions was examined. Age-related improvements in children’s understanding emerged. Also, children who were more knowledgeable about the legal system were less distressed about …
15. Truth Induction In Young Maltreated Children: The Effects Of Oath-Taking And Reassurance On True And False Disclosures., Thomas D. Lyon, Joyce R. Dorado
15. Truth Induction In Young Maltreated Children: The Effects Of Oath-Taking And Reassurance On True And False Disclosures., Thomas D. Lyon, Joyce R. Dorado
Thomas D. Lyon
Objective: Two studies examined the effects of the oath or reassurance (“truth induction”) on 5- to 7-year-old maltreated children’s true and false reports of a minor transgression.
Methods: In both studies an interviewer elicited a promise to tell the truth, reassured children that they would not get in trouble for disclosing the transgression, or gave no instructions before questioning the child. In Study 1, children were encouraged to play with an attractive toy by a confederate, who then informed them that they might get in trouble for playing. In Study 2, a confederate engaged children in play, but did not …
12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon
12. Caregiver Support And Child Sexual Abuse: Why Does It Matter?, Lindsay C. Malloy, Thomas D. Lyon
Thomas D. Lyon
Coohey’s paper is a valuable investigation of the substantiation of mothers for failure to protect their children from child sexual abuse (CSA). Drawing on concerns regarding the possible inconsistency of decisions to substantiate, the author sought to determine the factors relied on by CPS investigators in the decision-making process. Multivariate analyses revealed the importance of maternal reactions to abuse, including whether the mother believed the child’s allegations and whether she acted in a protective or supportive manner. We will put Coohey’s findings in the context of other research that has documented the importance of nonoffending caregivers’ reactions to sexual abuse. …
9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek
Thomas D. Lyon
THE POLICY FORUM “THE SCIENCE OF CHILD sexual abuse” by J. J. Freyd et al. (22 Apr., p. 501) provides an extremely important call to action to the scientific community. In 1999, James Mercy, Senior Scientist at the U.S. Centers for Disease Control and Prevention, noted the importance of viewing child sexual abuse with “new eyes” (1). The implementation of Freyd et al.’s policy recommendations would help us to do this. For too long, the fact that the topic makes us uneasy has caused too many of us to avert our eyes. But what if child sexual abuse were a …
10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon
10. Development Of Temporal-Reconstructive Abilities., William J. Friedman, Thomas D. Lyon
Thomas D. Lyon
In a study of the ability to reconstruct the times of past events, 86 children from 4 to 13 years recalled the times of 2 in-class demonstrations that had occurred 3 months earlier and judged the times of hypothetical events. Many of the abilities needed to reconstruct the times of events were present by 6 years, including the capacity to interpret many temporally relevant cues, but there were substantial changes well into middle childhood in the availability of temporally useful episodic information. Children were poor at remembering the events’ proximity or order with respect to a major holiday, but the …
7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro
7. Why Child Maltreatment Researchers Should Include Children’S Disability Status In Their Maltreatment Studies., Kathleen Kendall-Tackett, Thomas D. Lyon, Greg Taliaferro
Thomas D. Lyon
Approximately8%of children in the US have disabilities (US Census Bureau, 2002), and these children are more likely to be abused or neglected than their non-disabled peers. The studies that have identified this vulnerability have varied in methodology and sample, and yet the findings have been remarkably consistent. But much work still needs to be done to know the magnitude of the problem, and what professionals can do to help. We are writing to encourage researchers in the child maltreatment field to include children’s disability status in their studies of abuse and neglect. Below is a summary of what …
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
7. The Supreme Court And Reluctant Witnesses: Crawford V. Washington., Thomas D. Lyon
Thomas D. Lyon
A recent U.S. Supreme Court case is sure to have a major impact on the prosecution of family violence cases in which the victim fails to testify at trial. A number of states have special hearsay exceptions for statements from victims of spouse abuse and child abuse. Those exceptions often allow the statements into evidence even when the victim does not testify (usually with additional requirements, such as corroborative evidence or a finding that the statement has "indicia of reliability"). The U.S. Supreme Court has recently held that if the victim does not testify, "testimonial" hearsay is inadmissible unless the …
4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon
4. Let’S Not Exaggerate The Suggestibility Of Children., Thomas D. Lyon
Thomas D. Lyon
I’m grateful to Dr. Martindale for introducing the reader to an important and lively debate among practitioners and academics over the relevance of recent research on children’s suggestibility. In my Cornell Law Review article, I argued that the recent research on suggestibility was inspired by highly coercive interviewing techniques in widely publicized cases that are not the norm in child sexual abuse investigations. These techniques include telling children that they have been abused, telling children that a particular person is the abuser, and asking children to imagine details regarding how abuse could have taken place. Moreover, I argued that the …
6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado
6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado
Thomas D. Lyon
Before allowing child witnesses to testify, courts routinely require children to describe what would happen to them if they lied. However, young children often refuse to reason hypothetically if they view the premises as implausible or undesirable, and might be more willing to discuss the consequences of lying if they are asked about another child rather than themselves. On the other hand, children might view themselves as invulnerable to punishment, and therefore believe that whereas other children will be punished for lying, they will not be. In this study, 64 maltreated 5- and 6-year-old children were asked to describe the …
5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon
5. Child Witnesses And The Oath: Empirical Evidence., Thomas D. Lyon
Thomas D. Lyon
In Commonwealth v. Corbett, the defendant was charged with sexually assaulting a five-year-old child. As in most cases of sexual abuse, the child was the only witness to the abuse, and the prosecution viewed her testimony as essential. However, before the prosecutor could present the child's testimony to the jury, it was necessary to qualify her for the oath. Most courts require that child witnesses have some understanding of the difference between the truth and lies and the importance of telling the truth, and Massachusetts is no exception. A child who fails the qualifying questions is considered testimonially incompetent, and …
5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz
5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz
Thomas D. Lyon
Two studies examined I92 maltreated young children's competence to take the oath. Study I found that despite serious delays in receptive vocabulary, a majority of 5-year-olds correctly identified truthful statements and lies as such and recognized that lying is bad and would make authority figures mad. However, most participants up to 7 years of age could not define "truth" and "lie" or explain the difference between the terms. Four-year-olds were above chance in recognizing the immorality of lying but exhibited a tendency to identify all statements as the "truth. " Study 2 found that 4- and 5-year-olds performed above chance …
4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon
4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon
Thomas D. Lyon
The new wave in children's suggestibility research consists of a prestigious group of researchers in developmental psychology who argue that children are highly vulnerable to suggestive interviewing techniques. Because of its scientific credentials, its moderate tone, and its impressive body of research, the new wave presents a serious challenge to those who have claimed that children are unlikely to allege sexual abuse falsely. Although we can learn much from the research, concerns over society's ability to detect abuse motivate three criticisms. First, the new-wave researchers assume that highly suggestive interviewing techniques are the norm in abuse investigations, despite little empirical …
1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
1. Where Researchers Fear To Tread: Interpretive Differences Among Testifying Experts In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
Thomas D. Lyon
Debates regarding the admissibility of expert testimony in child sexual abuse cases are often characterized as between clinicians and researchers. Clinicians base their judgment on personal experience and anecdotes, whereas researchers base their judgment on scientific findings. Clinicians are willing to testify that a particular child has been sexually abused, whereas researchers cautiously avoid rendering a judgment about any particular case. Clinicians believe that they can interpret children's statements and behaviors to validate abuse, whereas researchers warn that children's statements and behaviors may be shaped by adults, including clinicians. Clinicians are happy to testify (typically for the prosecution), comfortably adopting …
3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
3. The Relevance Ratio: Evaluating The Probative Value Of Expert Testimony In Child Sexual Abuse Cases., Thomas D. Lyon, Jonathan J. Koehler
Thomas D. Lyon
It is hard to overstate the importance of expert testimony in American courtrooms. Much of this testimony concerns scientific matters that are beyond the ken of ordinary experience. In cases where scientific matters play a central role, jurors may give substantial weight to expert testimony or even treat it as dispositive. Standards pertaining to the admissibility of scientific testimony are critical to the outcome in many trials.
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
3. The Effect Of Threats On Children’S Disclosure Of Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
Do abused children refuse to disclose their abuse because they have been threatened by their perpetrators? In Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony, a book that many believe may have a substantial impact on child witness law and practice, Professors Stephen Ceci and Maggie Bruck argue that there is little empirical basis for this "professional `lore"' (Ceci & Bruck, 1995, pp. 300-301).
2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon
2. Assessing Children's Competence To Take The Oath: Research And Recommendations., Thomas D. Lyon
Thomas D. Lyon
With all of the attention paid to children's performances as witnesses once on the stand, their ability to qualify to take the stand has been relatively neglected. Most courts require that in order to testify, a witness must first take the oath. In its most simple form, an oath is a promise to tell the truth. Taking the oath presupposes that one understands what it means to tell the truth, and that one appreciates one’s obligation to tell the truth when promising to do so. If a young child does not understand the difference between the truth and lies, or …
3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon
3. False Allegations And False Denials In Child Sexual Abuse., Thomas D. Lyon
Thomas D. Lyon
The amicus brief in the Kelly Michaels case ignores the risks that abused children will fail to reveal abuse unless direct and sometimes leading questions are asked. Although the brief correctly criticizes previous research for understating the risks that aggressive interviewing practices will lead young children to make false allegations of abuse, it overstates the likelihood that false allegations occur by overlooking the aspects of the Kelly Michaels case and the research it inspired that are unlike the typical abuse case. The author discusses factors that lead abused children to falsely deny abuse and that minimize the likelihood that nonabused …
1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon
1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon
Thomas D. Lyon
Children's decision making ability is important in a number of areas in the law. A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.