44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon
Aug 2015
44. The Effects Of Question Repetition On Responses When Prosecutors And Defense Attorneys Question Children Alleging Sexual Abuse In Court, Samantha J. Andrews, Michael E. Lamb, Thomas D. Lyon
Thomas D. Lyon
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 …
10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon
Jul 2015
10. Ohio V. Clark: Brief Of Amicus Curiae American Professional Society On The Abuse Of Children In Support Of Petitioner., Jeremy A. Lawrence, Daniel B. Levin, Kevin L. Brady, Maria Jhai, Thomas D. Lyon
Thomas D. Lyon
“Testimonial” statements are inadmissible against criminal defendants under the Confrontation Clause unless the declarant was subject to cross-examination. Statements are testimonial if the primary purpose of the speaker and the interrogator was to create an out-of-court substitute for trial testimony. Ohio v. Clark (2015) considered whether a 3-year-old’s disclosure of abuse to his teacher is testimonial. This brief surveyed case law, statutory law, and psychological and criminological research in arguing that it is not. First, young children do not appreciate that their disclosures may be used at trial, because they do not fully understand the legal system. Furthermore, many children …
42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon
Jun 2015
42. Repeated Self And Peer-Review Leads To Continuous Improvement In Child Interviewing, Stacia N. Stolzenberg, Thomas D. Lyon
Thomas D. Lyon
The present study examined whether a training model that focuses on consistent exposure to protocol procedure, self-evaluation, and intensive peer-review sessions could improve interviewers’ ability to adhere to best practices. Law students (N = 19) interviewed 5- to 10-year-old children on a weekly basis as part of a semester-long forensic child interviewing class. They transcribed their interviews, and participated in one-hour self and peer-reviews. The proportion of each question type was calculated (option-posing, Wh-, and open-invitations) within each interview for each interviewer. Across ten weeks of interviews, interviewers consistently improved their performance, decreasing the proportion of option-posing questions by 31% …
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 …
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 …
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 …
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 …
