This is the unspecified version of the paper.This version of the publication may differ from the final published version. Cross-examination of children with and without intellectual disability 2
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AbstractThe present study assessed how children with a range of cognitive abilities fared during a mock cross-examination. Ninety children (aged 4 to 11 years; 18 with intellectual disabilities [ID], 13 with borderline intellectual disabilities [BID], and 59 who were typically developing [TD]) witnessed a staged event, participated in an initial forensic interview (a few days later), and were cross-examined by a barrister-in-training (ten months later). During cross-examination, 98% of all children changed at least one response from their initial interview when challenged. However, group differences in performance (total number of changed responses, 'resistance' to challenges), controlling for age and memory for event details, were not significant or did not prove reliable at the level of individual group contrasts. Overall, little robust evidence for group differences in performance on crossexamination could be identified, and memory for event details was the most reliable predictor of performance.
Keywords: Child witnesses; cross-examination; intellectual disabilitiesCross-examination of children with and without intellectual disability 3
Cross-examination of children with and without intellectual disabilitiesIn an adversarial system of justice such as that of the UK, Australia and the USA, there is a strong emphasis on oral testimony from witnesses about the facts of a disputed case (Ellison, 2001). In court, following the presentation of direct evidence by the prosecution (testimony from the victim, witness or defendant), cross-examination is undertaken by opposing counsel to challenge the reliability of a witness's evidence and, ostensibly, to search for the truth (Wellman, 1986;Yarmey, 1979). Effective cross-examination highlights inconsistencies in witness testimony. Yet the techniques employed to do this, such as pressing the witness to change their response (Zajac, Gross & Hayne, 2003), accusing the witness of lying (Davies, Henderson & Seymour, 1997;Plotnikoff & Woolfson, 2009;Spencer, 2012), repetitive and complex questioning (Plotnikoff & Woolfson, 2012;Zajac, 2009) and deliberately setting the sequence of questioning to confuse the witness (Glissan, 1991) are, in reality, concerned with discrediting a witness (Henderson, 2002). The demands on a witness to produce reliable oral evidence, often many months or even years, after an event are high, and witnesses find the process stressful, aggressive and anxiety provoking (Plotnikoff & Woolfson, 2009Zajac, 2009 However, the questions (and questioning style) used during cross-examination often run counter to available research/protocols, and the use of ABE guidelines does not extend to the process of cross-examination. In fact, legal professionals show considerable resistance to proposals to alter cross-examination procedures (see Spence...