59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
May 2017
59. Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversations, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon
Thomas D. Lyon
Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 examined 345 maltreated 6- to …
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
Dec 2016
56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
“Do you know” and “Do you remember” (DYK/R) questions explicitly ask whether one knows or remembers some information while implicitly asking for that information. This study examined how 104 4- to 9-year-old children testifying in child sexual abuse cases responded to DYK/R wh- and yes/no questions. When asked DYK/R questions containing an implicit wh- question requesting information, children often provided unelaborated “Yes” responses. Attorneys’ follow-up questions suggested that children usually misunderstood the pragmatics of the questions. When DYK/R questions contained an implicit yes/no question, unelaborated “Yes” or “No” responses could be responding to the explicit or the implicit questions resulting …
39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon
Oct 2014
39. Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia N. Stolzenberg, Kang Lee, Thomas D. Lyon
Thomas D. Lyon
Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read a story …
38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee
Jul 2014
38. Social And Cognitive Factors Associated With Children's Secret-Keeping For A Parent., Heidi M. Gordon, Thomas D. Lyon, Kang Lee
Thomas D. Lyon
This study examined children’s secret-keeping for a parent and its relation to trust, theory of mind, secrecy endorsement, and executive functioning (EF). Children (N = 107) between 4 and 12 years of age participated in a procedure wherein parents broke a toy and asked children to promise secrecy. Responses to open-ended and direct questions were examined. Overall, secret-keeping increased with age and promising to keep the secret was related to fewer disclosures in open-ended questioning. Children who kept the secret in direct questioning exhibited greater trust and better parental ratings of EF than children who disclosed the secret. Findings highlight …
37. Attorneys' Questions And Children's Productivity In Child Sexual Abuse Criminal Trials., J. Zoe Klemfuss, Jodi A. Quas, Thomas D. Lyon
May 2014
37. Attorneys' Questions And Children's Productivity In Child Sexual Abuse Criminal Trials., J. Zoe Klemfuss, Jodi A. Quas, Thomas D. Lyon
Thomas D. Lyon
We investigated the links between questions child witnesses are asked in court, children’s answers, and case outcome. Samples of acquittals and convictions were matched on child age, victim–defendant relationship, and allegation count and severity. Transcripts were coded for question types, including a previously under-examined type of potentially suggestive question, declarative questions. Children’s productivity was conceptualized in a novel way by separating new from repeated content and by adjusting the definition based on the linguistic demands of the questions. Attorneys frequently used declarative questions, and disconcertingly, attorneys who used these and other suggestive questions more frequently were more likely to win …
36. Evidence Summarized In Attorneys' Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse., Stacia N. Stolzenberg, Thomas D. Lyon
May 2014
36. Evidence Summarized In Attorneys' Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse., Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Evidence summarized in attorney’s closing arguments of criminal child sexual abuse cases (N = 189) was coded to predict acquittal rates. Ten variables were significant bivariate predictors; five variables significant at p < .01 were entered into a multivariate model. Cases were likely to result in an acquittal when the defendant was not charged with force, the child maintained contact with the defendant after the abuse occurred, or the defense presented a hearsay witness regarding the victim’s statements, a witness regarding the victim’s character, or a witness regarding another witnesses’ character (usually the mother). The findings suggest that jurors might …
35. Interviewing Children., Thomas D. Lyon
May 2014
35. Interviewing Children., Thomas D. Lyon
Thomas D. Lyon
This article reviews best practice for interviewing child witnesses. In most officially recognized abuse cases, the child previously disclosed abuse, making it possible to elicit disclosures without asking closed-ended questions. Interviewers nevertheless overuse closed-ended questions, which lead to short unelaborated responses, privilege the limited perspective of the interviewer, maximize the potential for linguistic difficulties, increase children’s tendency to guess, and risk response biases. Interviewers can avoid closed-ended questions through narrative practice, in which interviewers ask children to narrate a recent innocuous event before introducing the abuse topic; cued invitations, in which interviewers repeat details reported by children and ask for …
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
Mar 2014
9. Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications., Thomas D. Lyon, Stacia N. Stolzenberg
Thomas D. Lyon
The legal and psychological literature on children’s testimony in child sexual abuse cases has largely focused on whether children are allowed to testify, how children testify, and what happens after they do. Those concerned about false convictions have emphasized the benefits of mechanisms to exclude children’s testimony that is unreliable because of pre-trial influence or developmental immaturity1 and the utility of expert testimony on children’s suggestibility. Those concerned about false acquittals have argued for eliminating barriers to receiving children’s testimony, the benefits of setting up special devices (such as screens or closed-circuit television) for receiving testimony, and the utility of …
33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., Lindsay C. Malloy, Jodi A. Quas, Thomas D. Lyon, Elizabeth C. Ahern
Jan 2014
33. Disclosing Adult Wrongdoing: Maltreated And Non-Maltreated Children’S Expectations And Preferences., Lindsay C. Malloy, Jodi A. Quas, Thomas D. Lyon, Elizabeth C. Ahern
Thomas D. Lyon
Little is known about the process by which children disclose adult wrongdoing, a topic of considerable debate and controversy. In the current study, we investigated children’s evaluations of disclosing adult wrongdoing by focusing on children’s preferences for particular disclosure recipients and perceptions of the consequences of disclosure in hypothetical vignettes. We tested whether children thought that disclosure recipients would believe a story child as a truth teller and what actions the recipients would take against the ‘‘instigator’’ who committed the transgression. Maltreated and non-maltreated 4- to 9-year-olds (N = 235) responded to questions about vignettes that described a parent’s or …
12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon
Nov 2013
12. Interviewing Victims And Suspected Victims Who Are Reluctant To Talk., Irit Irit Hershkowitz, Michael E. Lamb, Thomas D. Lyon
Thomas D. Lyon
Most professionals know that many alleged victims do not disclose abuse when formally interviewed and that disclosure is affected by a variety of factors, among which the relationship between suspects and children appears to be especially important (see Pipe, Lamb, Orbach, & Cederborg, 2007, for reviews). Children––especially boys and preschoolers––are hesitant to report abuse by parents and guardians, particularly when sexual rather than physical abuse is suspected. For example, Pipe, Lamb, Orbach, Stewart, Sternberg, and Esplin (2007) reported that only 38% of the preschoolers interviewed disclosed sexual abuse by a parent even when the allegations were independently substantiated by corroborative …
32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas
Oct 2013
32. Eliciting Maltreated And Non-Maltreated Children’S Transgression Disclosures: Narrative Practice Rapport Building And A Putative Confession., Thomas D. Lyon, Lindsay Wandrey, Elizabeth C. Ahern, Robyn Licht, Megan P.Y. Sim, Jodi A. Quas
Thomas D. Lyon
This study tested the effects of narrative practice rapport building (asking open-ended questions about a neutral event) and a putative confession (telling the child an adult “told me everything that happened and he wants you to tell the truth”) on 4- to 9-year-old maltreated and nonmaltreated children’s reports of an interaction with a stranger who asked them to keep toy breakage a secret (n = 264). Only one third of children who received no interview manipulations disclosed breakage; in response to a putative confession, one half disclosed. Narrative practice rapport building did not affect the likelihood of disclosure. Maltreated children …
31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
Sep 2013
31. How Attorneys Question Children About The Dynamics Of Sexual Abuse And Disclosure In Criminal Trials., Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
Little is known about how the dynamics of sexual abuse and disclosure are discussed in criminal court. We examined how attorneys ask child witnesses in sexual abuse cases (N #1; 72, 6–16 years of age) about their prior conversations, both with suspects and with disclosure recipients. Prosecutors’ questions were more open-ended than defense attorneys, but most questions asked by either attorney were yes/no questions, and children tended to provide unelaborated responses. Prosecutors were more inclined to ask about children’s prior conversations with suspects than defense attorneys, but focused on the immediate abuse rather than on grooming behavior or attempts to …
29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans
Jul 2013
29. Young Children’S Understanding That Promising Guarantees Performance: The Effects Of Age And Maltreatment., Thomas D. Lyon, Angela D. Evans
Thomas D. Lyon
Two studies, with 102 nonmaltreated 3- to 6-year-old children and 96 maltreated 4- to 7-year-old children, examined children’s understanding of the relative strengths of “I promise,” “I will,” “I might,” and “I won’t,” to determine the most age-appropriate means of eliciting a promise to tell the truth from child witnesses. Children played a game in which they chose which of 2 boxes would contain a toy after hearing story characters make conflicting statements about their intent to place a toy in each box (e.g., one character said “I will put a toy in my box” and the other character said …
8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente
Apr 2012
8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente
Thomas D. Lyon
After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably …
26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank
Dec 2011
26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank
Thomas D. Lyon
In child sexual abuse cases, the victim’s testimony is essential, because the victim and the perpetrator tend to be the only eyewitnesses to the crime. A potentially important component of an abuse report is the child’s subjective reactions to the abuse. Attorneys may ask suggestive questions or avoid questioning children about their reactions, assuming that children, given their immaturity and reluctance, are incapable of articulation. We hypothesized that How questions referencing reactions to abuse (e.g., “howdid you feel”) would increase the productivity of children’s descriptions of abuse reactions. Two studiescompared the extent to which children provided evaluative content, defined as …
25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman
Sep 2011
25. Maltreated Children’S Ability To Estimate Temporal Location And Numerosity Of Placement Changes And Court Visits., Lindsay Wandrey, Thomas D. Lyon, Jodi A. Quas, William J. Friedman
Thomas D. Lyon
Research examining children’s temporal knowledge has tended to utilize brief temporal intervals and singular, neutral events, and is not readily generalizable to legal settings in which maltreated children are asked temporal questions about salient, repeated abuse that often occurred in the distant past. To understand how well maltreated children can describe temporal location and numerosity of documented, personal experiences, we assessed 167 6- to 10-year-old maltreated children’s temporal memory for changes in their living arrangements and prior visits to court. Small percentages of children were capable of providing exact temporal location information (age, month, or season) regarding their first or …
24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich
Jul 2011
24. Interviewing Children Versus Tossing Coins: Accurately Assessing The Diagnosticity Of Children’S Disclosures Of Abuse., Thomas D. Lyon, Elizabeth C. Ahern, Nicholas Scurich
Thomas D. Lyon
We describe a Bayesian approach to evaluating children’s abuse disclosures and review research demonstrating that children’s disclosure of genital touch can be highly probative of sexual abuse, with the probative value depending on disclosure spontaneity and children’s age. We discuss how some commentators understate the probative value of children’s disclosures by: confusing the probability of abuse given disclosure with the probability of disclosure given abuse, assuming that children formally questioned about sexual abuse have a low prior probability of sexual abuse, misstating the probative value of abuse disclosure, and confusing the distinction between disclosure and nondisclosure with the dstinction between …
15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon
Jun 2011
15. Assessing The Competency Of Child Witnesses: Best Practice Informed By Psychology And Law., Thomas D. Lyon
Thomas D. Lyon
Truth-lie competency, which concerns the child's understanding of the difference between truth and lies and the importance of telling the truth, can be demonstrated by asking the child whether simple statements are the truth, and by asking the child to promise to tell the truth. Tests of children's truth-lie competency do not predict honesty, but eliciting a child's promise to tell the truth does increase honesty.
23. Assessing Children’S Competency To Take The Oath In Court: The Influence Of Question Type On Children’S Accuracy., Angela D. Evans, Thomas D. Lyon
Dec 2010
23. Assessing Children’S Competency To Take The Oath In Court: The Influence Of Question Type On Children’S Accuracy., Angela D. Evans, Thomas D. Lyon
Thomas D. Lyon
This study examined children’s accuracy in response to truth–lie competency questions asked in court.The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los AngelesCounty over a 5-year period (1997–2001) and 154 child witnesses quoted in the U.S. state and federalappellate cases over a 35-year period (1974 –2008). The results revealed that judges virtually never foundchildren incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficultlargely due to errors in response to “Do you know” questions. Questions about …
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
Apr 2010
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
Thomas D. Lyon
This study examined the origins of children’s ability to make consciously false statements, a necessary component of lying. Children 2 to 5 years of age were rewarded for claiming that they saw a picture of a bird when viewing pictures of fish. They were asked outcome questions (“Do you win/lose?”), recognition questions (“Do you have a bird/fish?”), and recall questions (“What do you have?”), which were hypothesized to vary in difficulty depending on the need for consciousness of falsity (less for outcome questions) and self-generation of an appropriate response (more for recall questions). The youngest children (21⁄2 to 31⁄2 years …
14. Investigative Interviewing Of The Child., Thomas D. Lyon
Feb 2010
14. Investigative Interviewing Of The Child., Thomas D. Lyon
Thomas D. Lyon
Children, if questioned in a supportive manner, are capable of providing enormous amounts of productive information in response to open-ended questions. The irony is that many direct and suggestive methods once thought necessary to overcome abused children's reluctance to disclose abuse have been found counterproductive in two ways: they minimize the number of details in true allegations at the same time that they increase the risk of false allegations.
13. Interviewing Children., Thomas D. Lyon
Nov 2009
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
Jan 2009
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
Dec 2008
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
Dec 2008
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
Dec 2008
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
Jul 2008
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
Mar 2008
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
Dec 2007
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 …
