Interviewing children in custody cases: Implications of research and policy for practice

Saywitz, Karen J.; Camparo, Lorinda B.; Romanoff, Anna

doi:10.1002/bsl.945

Cited by 51 publications

(49 citation statements)

References 87 publications

(90 reference statements)

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“…By eliciting explanations and elaborations from the young interviewees with open questions, instead of pressing directions with closed questions, and backgrounding one's views as an adult researcher, the interviewees can be encouraged to take the role of an expert. As the interviewer and informants take up these roles, the power differentials between children and adults can be decreased (Saywitch, Camparo & Romanoff, 2010). However, scholars have to "get round the un-get-roundable fact that all ethnographical descriptions are home-made, that they are the describer's descriptions, not those of the described" (Geertz, 1988, pp.…”

Section: Doing Interviews Using Participatory Techniquesmentioning

confidence: 99%

Digital Passages: Migrant Youth 2.0. Diaspora, Gender and Youth Cultural Intersections

Leurs¹

2015

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Section: Doing Interviews Using Participatory Techniquesmentioning

confidence: 99%

Digital Passages: Migrant Youth 2.0. Diaspora, Gender and Youth Cultural Intersections

Leurs¹

2015

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“…before resorting to question types that increase the risk of eliciting inaccurate information, namely closed questions, to elicit these details (Lamb, Orbach, Hershkowitz, Esplin, & Horowitz, 2007;Poole & Lamb, 1998). Leading questions are discouraged (Faller, 2000;Saywitz, Camparo, & Romanoff, 2010;Walker, 1999). While this knowledge is to a greater or lesser extent informing practice in forensic interviews internationally, it is having less impact on the language used in the courtrooms of adversarial jurisdictions; indeed, leading questions are actively promoted in cross-examination as the vehicle of choice for maintaining control over witnesses' testimony (see Salhany, 2006).…”

Section: Introductionmentioning

confidence: 97%

Questioning Child Witnesses in New Zealand's Criminal Justice System: Is Cross-Examination Fair?

Hanna

Davies

Crothers

et al. 2012

Psychiatry, Psychology and Law

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The way in which children are questioned in forensic contexts can impact on the accuracy of their responses. Past studies have shown that children were often questioned in the New Zealand courts in ways that profoundly contradict best practice. This study analyses the questions posed to 18 child witnesses by forensic interviewers, prosecutors, and defence lawyers during criminal trials held in New Zealand courts in 2008. The results suggest that, as was found in earlier studies, many of the questions posed to children during cross-examination in particular were inconsistent with best practice in terms of eliciting full and accurate information from children. Indeed, the heavy reliance on closed, leading and complex questions, along with other common practices, casts doubt on the forensic safety of cross-examination, calling into question its fairness for children. The implications of these results for policy and practice are explored.

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“…It is thus extremely important to use correct procedures when interviewing a child (Ballard et al, ). For more information on specific procedures for interviewing children, Saywitz, Camparo, and Romanoff () provide an excellent review. Example procedures include establishing rapport through nonsuggestive means and the use of open‐ended, nonleading questioning.…”

Section: Discussionmentioning

confidence: 99%

Associations between Parent and Child Reports Of Interparental Conflict/Violence And Child Difficulties in A Family Mediation Setting*

Rudd¹,

Hotzworth‐Munroe²,

Applegate³

et al. 2015

Family Court Review

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We examined the association between parents’ (N = 52 mothers and 52 fathers) and children's (N = 27) reports of interparental conflict and child difficulties in a family mediation setting. Parents’ reports of conflict were moderately associated with children's reports of exposure to parental conflict, but only fathers’ reports of conflict were associated with children's reports of negative responses to parent conflict. While mothers and fathers agreed on their child's difficulties, only mothers’, not fathers’, report of child difficulties were moderately related to child reports of child difficulties. Mothers’ and fathers’ reports of conflict generally were not strongly associated with reports of child difficulties. In contrast to parent reports, children's reports of exposure to parents’ conflict were moderately and significantly related to self‐reported child difficulties and moderately related to parents’ reports of child academic difficulties. The magnitude of the association between the child's report of interparental conflict and self‐report of difficulties was stronger than the association between parent report of conflict and parent report of child difficulties, suggesting that parents may not fully understand their child's exposure to parent conflict/violence or the problems their child is experiencing. Family law stakeholders prioritize the creation of parenting arrangements that are in the best interest of the child; however, it is unclear how to gather information about the child and the child's perspective in order to inform such arrangements. The study results suggest that parents may not agree with each other or with the child about important family issues, such as parent conflict and child difficulties. For example, parents may not fully understand their child's exposure to parental conflict/violence when in the midst of custody negotiations. More research is needed to determine the best method for gathering information about the child during custody proceedings. In the meantime, it is important to gather information from multiple sources and to consider the agreement and differences across such sources of information.

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Interviewing children in custody cases: Implications of research and policy for practice

Cited by 51 publications

References 87 publications

Digital Passages: Migrant Youth 2.0. Diaspora, Gender and Youth Cultural Intersections

Digital Passages: Migrant Youth 2.0. Diaspora, Gender and Youth Cultural Intersections

Questioning Child Witnesses in New Zealand's Criminal Justice System: Is Cross-Examination Fair?

Associations between Parent and Child Reports Of Interparental Conflict/Violence And Child Difficulties in A Family Mediation Setting*

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