Legal psychologists sometimes provide expert witness testimony about eyewitness memory in court. In their testimony, they regularly rely on scientific findings that decision-makers (i.e., jurors, judges) likely assume are practically relevant. However, it is not yet known which effect sizes are large enough to be deemed practically relevant for the courtroom, also known as the smallest effect size of interest (SESOI). One way to estimate the SESOI is to engage stakeholders. In two studies, we recruited 97 legal professionals (e.g., defense lawyers, prosecution lawyers, judges) from the Netherlands and Belgium and presented them with hypothetical scenarios about an unarmed robbery wherein an eyewitness made different types of memory errors (e.g., misremembering a black gun). Then, legal professionals were asked how many of such memory errors they would allow before taking certain legal actions. The majority of legal professionals viewed 1–3 memory errors as practically relevant for legal decisions or actions, but this depended on the type of memory error. A nontrivial number of participants indicated that they would never undertake legal actions after a witness made memory errors. The current studies can guide the challenging task of estimating the SESOI in forensic psychological contexts that may assist future researchers.
BACKGROUND:Questions of memory accuracy arise when adults report childhood trauma that was allegedly forgotten but later recalled. Our study examined the relation of memory accuracy and subjective forgetting (i.e., self-reported temporary forgetting of child sexual abuse [CSA]). OBJECTIVE:In longitudinal research on maltreatment and memory, spanning 20 years, we investigated the relation between memory accuracy for a childhood maltreatment evaluation and self-reported subjective forgetting of CSA. Past studies suggested links between these memory phenomena and trauma symptoms; we thus included a trauma symptom measure. PARTICIPANTS AND SETTING:Adult participants (N = 109) had been admitted as children to a forensic unit for assessment of child maltreatment. As adults, they were interviewed, 20 years later, about the forensic unit evaluation, CSA, and trauma symptoms. METHODS:Memory for trauma-related and non-trauma related information was assessed by comparing adult interview responses against documented details of the childhood forensic evaluation. Adults were categorized into CSA disclosers who reported subjective forgetting, CSA disclosers who did not report subjective forgetting, and CSA non-disclosers. RESULTS:Better memory in adulthood concerning core trauma-related events in childhood was associated with subjective forgetting, β = 0.22, p = .036. Time 1 age and adult trauma symptoms also predicted accurate memories, βs ≥ 0.34, ps < .001. Adults with heightened trauma symptomatology were more likely to report subjective forgetting, B = 0.08, p = .001. CONCLUSIONS:Accurate memory of a child maltreatment evaluation was positively related to subjective forgetting and adult trauma symptoms. Implications are discussed.
There is a significant need for empirical evidence concerning how litigants compare and choose between various modalities of online dispute resolution (ODR) and traditional in-person mediation for resolving legal disputes. To fill this need, we examined three potentially relevant psychological factors: (a) baseline attitudes toward in-person, video, and text-based mediation; (b) past communication style used by litigants; and (c) expert advice via attorney recommendations. We utilized a 2 x 3 x 3 design with communication style as a between-subjects variable, mediation modality as a within-subjects variable, and attorney recommendation randomized as either aligning with or differing from the participant's baseline preference across 261 participants. We also identified the factors that litigants believe influence their decisions and examined how these factors shape their perceptions and ultimate choice. Participants read two cases and indicated their preferred mediation modality for each by ranking and rating the three modality options. They then learned which option their hypothetical attorney recommended and ranked and rated the options again. Using a mixed-model factorial analysis of variance, we found that (a) parties generally disfavored text-based mediation; (b) parties were swayed by their attorneys' modality recommendation; and (c) the influence of attorney recommendation was tempered when the attorney suggested text-based mediation. The findings have implications for both legal psychology and policies surrounding ODR, including the current trend in state courts to offer text-based ODR.
Objective: Few studies have examined the interplay between collective trauma (e.g., the COVID-19 pandemic) and personal trauma (e.g., child abuse and discrimination). In a longitudinal child maltreatment study, with a community sample added, negative COVID impact (e.g., financial and mental health difficulties due to COVID) was examined in relation to childhood abuse exposure and perceived discrimination. Method: Adults (N = 135) completed an online survey about trauma- and pandemic-related experiences. Regressions examined predictors of negative COVID impact and posttraumatic stress disorder (PTSD) symptoms during the pandemic. Results: Although cumulative maltreatment contributed to negative COVID impact, when high levels of cumulative maltreatment had been experienced in childhood, greater negative COVID impact did not significantly relate to PTSD symptoms: For these participants, PTSD symptoms were relatively high (but not at ceiling) in adulthood overall. Negative COVID impact predicted PTSD symptoms only at low levels of cumulative child abuse. Perceived discrimination was associated with negative COVID impact and PTSD symptomatology. Conclusions: Cumulative childhood abuse at high levels likely set the stage for PTSD symptoms in adulthood, regardless of negative COVID impact. Individuals with lower levels of cumulative childhood abuse had fewer PTSD symptoms unless COVID had a stronger negative impact on their lives. Discrimination contributed to lower pandemic-related well-being. Insight is provided into special vulnerabilities associated with maltreatment backgrounds and discrimination at times of collective challenges.
Self-reported lost memory of child sexual abuse (CSA) can be mistaken for "repressed memory." Based on our longitudinal studies of memory and disclosure in child maltreatment victims who are now adults, we discuss findings relevant to "repressed memory cases." We examined relations between self-report of temporarily lost memory of CSA (subjective forgetting) and memory accuracy for maltreatment-related experiences (objective memory). Across two studies involving separate samples, we find evidence for memory suppression rather than repression: (1) Most adults who claimed temporary lost memory of CSA reported memory suppression and clarified that they could have remembered the event if asked; (2) subjective forgetting was positively associated with accurate objective memory for maltreatment-related experiences. Subjective forgetting was also related to increased adult trauma symptoms and related to childhood non-disclosure of CSA. Moreover, trauma-related psychopathology mediated the relation between non-disclosure and subjective forgetting. Implications for psychological theory and repressed memory cases are discussed.
Objective: Existing literature has yet to conceptualize and consolidate research on psychological essentialism and its relation to the criminal legal system, particularly in terms of explaining how individuals with justice involvement have been and could be differentially impacted across contexts. This article explores essentialism in the criminal legal system, including its potential consequences for inequity. Method: We review research on essentialism as a psychological construct, its common applications to different social categorizations, and its trickle-down effects within the criminal legal system. Results: Empirical work suggests that biases stemming from essentialism have the potential to severely affect individuals within the criminal legal system. Beyond assigning immutable properties across social groups, essentialism can give rise to biased attributions of responsibility and blame and affect decisions and behavior within three core domains of the criminal legal system: jury decision making, sentencing decisions, and public support for punitive policies. Conclusions: We propose future policy recommendations to mitigate the adverse effects of essentialism in the criminal legal system, focusing especially on how using and adopting person-first language (focusing on people before characteristics) across society and policy can help to combat bias across criminal legal domains. Future research is needed on how to best address the adverse effects of essentialism and its biasing effects in the criminal legal system, as well as to examine the effects of essentialism in different legal contexts.
Parental substance use can be considered a form of child abuse or neglect when it interferes with parents' ability to care for their child, exposes their child to harmful substances or an unsafe environment, or leads to injury of the child. Many mandated reporters may not be aware of their obligation to report parental substance use when it meets the criteria for child maltreatment. This study reviewed all 50 U.S. states' statutes related to parental substance use as a potential form of child maltreatment and/or a criminal issue. A legal analysis utilizing both primary and secondary sources of state laws was conducted. Multiple reviewers were used to check statutes and compare findings. A coding scheme was created to determine the extent to which states utilized certain terms. Most states address parental substance use in some form as potential child maltreatment. There is great variability in how each state handles these instances, although there is some consensus that children who are exposed to an environment with manufacturing or distribution of drugs are worthy of regulation. Policy recommendations for training professionals on identification and reporting these situations as well as implications for families when reports are made are addressed.
BackgroundThe COVID-19 pandemic led to numerous challenges for child protection professionals (CPPs). However, limited research has investigated the interwoven concepts of coping, resilience, and mental distress among CPPs during COVID-19 on a global scale.ObjectivesThis study aimed to explore CPPs' practice, resilience, and mental distress during COVID-19, the relationship between their resilience and mental distress, the global stability of the Multi-System Model of Resilience (MSMR), and how CPPs' resilience varied according to the Human Development Index (HDI).MethodsData were collected from 420 CPPs in 57 countries across five continents between July and September 2021. Participants completed an online questionnaire on demographics, resilience, mental distress, coping, and perceptions of child protection during the pandemic in their native languages. The analyses compared the countries grouped according to HDI using means comparisons, correlations, and multiple linear regressions. A two-path analysis was also performed to identify variables associated with behavioral resilience engagement and mental distress.ResultsThe findings indicated that CPPs' perceptions of COVID-19's impact on child maltreatment varied in correlation with their country's HDI. There were also significant HDI-based differences regarding the perceived opportunity to engage in resilient behavior and its helpfulness. Years of professional experience, internal resilience, and external resilience were shown to be significant predictors of mental distress among CPPs during the pandemic, and resilience mediated how years of experience predicted mental distress.ConclusionsThis study emphasized the importance of experience and internal resilience for CPPs’ psychological well-being. It also provides empirical evidence to support the MSMR theory on a global scale. Additionally, it demonstrates how the perceived changes in child maltreatment during COVID-19 may be associated with regional HDI. Lastly, the opportunities CPPs had to engage in resilient behavior and how much this helped them was associated with regional HDI, but not in the way originally predicted. Study results also hold implications for how practice and policy may be altered to help CPPs cope better during times of crisis and generally.
Memory for prior contacts has several important applied implications, including contact tracing (for communicable diseases). Incomplete episodic memory reports, which occur across the developmental lifespan but are particularly relevant for children and older adults, may hamper such efforts. Prior research has shown that cognitively informed memory techniques may bolster recall of contacts in adults, but that work has not addressed the developmental efficacy of these techniques. Here we evaluated the effectiveness of such techniques for familiar and unfamiliar contacts within a sample of 9- to 89-year-olds in the context of an ongoing pandemic. The tested memory techniques bolstered recall across the lifespan, irrespective of whether the interview was conducted live with an interviewer or via a self-led interview. Children, emerging adults, and adults did not reveal any differences in memory productivity, however, older adults recalled fewer contacts. Implications for theory and application are discussed.
The current study sought to contribute to the literature on U.S. police officers' knowledge and use of empirically-informed interviewing recommendations by aiming to replicate previous findings and expanding upon this research by differentiating between on-the-scene versus station interviewing practices, specifically probing electronic recording of these interviews. Respondents included 392 police officers from 36 states who answered questions about their witness/victim interviewing training; logistics/statistics (e.g. duration, interviewing environment); use of recommended interviewing techniques; pre-interview information; and written and electronic recording behaviors. Results revealed a lack of witness/victim-specific training, a disproportionate focus on suspect interviewing, and a lack of familiarity with interviewing guidelines (i.e. CI and the 1999 NIJ Guide). However, many CI-recommended techniques were reportedly used frequently, and CI-trained officers reported significantly more use of these techniques. Additionally, respondents indicated 33% of interviews have multiple interviewers present and 14% include multiple interviewees, and 67% of respondents indicated witnesses/victims are interviewed multiple times. Finally, officers reported that at-the-station interviews lasted significantly longer than on-the-scene interviews, and that 74% of on-the-scene and 89% of at-the-station interviews are electronically recorded. Findings suggest and support previous findings that although officers reported frequently using several recommended interviewing techniques, training in witness/victim interviewing is still lacking.
Objectives: Social media is a common tool for disseminating information in developing countries, including Brazil. Research regarding social media’s effect on increasing awareness of and knowledge about child abuse has yet to be widely tested in those countries. This exploratory study tested whether social media is a viable outlet for disseminating empirically supported information about child abuse in Brazil. Methods: We utilized social media platforms, such as Facebook, ResearchGate, Twitter (which has subsequently rebranded as X but will be referred to herein as Twitter), Instagram, and YouTube, to disseminate a series of short videos, in cartoon format, on the scientific research surrounding child abuse, adverse childhood events, and resiliency to such experiences. Results: The results indicate that social media has a promising reach in Brazil, as the dissemination started by 10 researchers had over 30,000 views. Conclusion and Implications: Social media may be a viable format for disseminating empirically-supported information in developing countries like Brazil. Each platform, however, has its own characteristics and, as such, the target audiences, engagement, delivery, followers, impact time, and other metrics vary across platforms. Additionally, not all social media platforms provide the same outreach internationally. Future directions are discussed.
Adults’ claims of decades-old child maltreatment raise questions about how to obtain accurate memories about childhood events. In this study, adults who experienced a documented child maltreatment medical examination when they were 3 to 16 years old (Time 1) were interviewed 2 decades later (Time 2). The adults ( N = 115) were randomly assigned to one of three interview-protocol conditions: a standard forensic interview, the cognitive interview (CI) with mental reinstatement, or the CI with mental- and physical-context reinstatement. The CI increased accuracy by dampening reports of potentially schematic but nonexperienced information. Younger age at Time 1 was associated with memories that were less complete but not more inaccurate. A greater number of Time 2 posttraumatic-stress-disorder symptoms predicted both correct and incorrect (omissions and commissions, respectively) answers to specific questions and incorrect answers to misleading questions; commission errors were associated with Time 1 physical-abuse status. Theoretical implications and clinical and legal applications are discussed.
Abstract Although recent work has expanded research on empirically informed forensic interviewing techniques outside the criminal context, no work that we are aware of has considered potential synergies for this research within the realm of alternative dispute resolution (ADR). The current chapter addresses the relation between forensic interviewing and ADR, and more specifically how techniques developed to interview forensic witnesses might be adapted for mediation. In so doing, we first review the research on mediation and forensic interviewing. Next we compare and contrast the two contexts on both psychological and legal dimensions. Finally, we examine areas of potential growth and future directions. By bringing together the work on potential synergies between the two realms, we hope to inspire others to expand further this nascent area of research.
OBJECTIVE We explored whether an educational forensic science informational (FSI) video either alone or with specialized jury instructions would assist mock jurors in evaluating forensic expert testimony. HYPOTHESES We predicted that the FSI video would help participants distinguish between low-quality and high-quality testimony, evidenced by lower ratings of the testimony and the expert when the testimonial quality was low compared with when it was high. METHOD Jury-eligible adults (N = 641; Mage = 38.18 years; 77.4% White; 8.1% Latino/a or Hispanic; 50.1% male) watched a mock trial and were randomly assigned to a no-forensic-evidence control condition or to a test condition (i.e., participants either watched the FSI video before the trial or did not and either received specialized posttrial instructions or did not). In the test conditions, a forensic expert provided low-quality or high-quality testimony about a latent impression, and participants rated the expert, their testimony, and the forensic evidence. All participants rendered verdicts. RESULTS The presence of the FSI video interacted with testimonial quality on ratings of the expert and forensic testimony: In the video-present condition, participants rated the expert in the low-quality testimony condition lower than did participants in the high-quality testimony condition (between-condition differences for credibility: d = -0.52, 95% confidence interval [CI] [-0.78, -0.27]; trustworthiness: d = -0.67, 95% CI [-0.92, -0.42]; knowledgeability: d = -0.54, 95% CI [-0.80, -0.29]). The pattern was the same for the expert's testimony (between-condition differences for convincingness: d = -0.41, 95% CI [-0.66, -0.16]; validity: d = -0.60, 95% CI [-0.86, -0.35]; presentation quality: d = -0.51, 95% CI [-0.76, -0.25]). Participants' ratings in the video-absent condition did not differ on the basis of testimonial quality (ds = -0.07-0.11). The ratings of the print evidence and verdicts were unaffected. Specialized jury instructions had no effect. CONCLUSION The FSI video may be a practical in-court intervention to increase jurors' sensitivity to low-quality forensic testimony without creating skepticism. (PsycInfo Database Record (c) 2023 APA, all rights reserved).
Forensic science is a central component of jurors' decisions in many criminal cases. Nevertheless, research has shown that jurors are not sensitive to violations of testimonial guidelines for expert testimony in court and generally struggle to comprehend and evaluate forensic science testimony. Consequently, the U.S. Department of Justice (DOJ) developed the Uniform Language for Testimony and Reports (ULTR) to standardize the language used in such testimony. The current study created and tested a Forensic Science Informational (FSI) video as an intervention to bolster jurors' understanding of FSI. After reading a case summary, participants were randomly assigned to read and rate five forensic expert testimony violations without any training, or to watch the FSI video before reading and rating each violation. Results revealed that participants with video exposure rated both the expert testimony and the expert themselves lower than those without such exposure, indicating they recognized the violations.
Children with disabilities are abused, including sexually abused, at higher rates than their non-disabled counterparts. To ensure access to justice for all child victims of violence, child protection systems must have adequate protocols and training to support each child, including those who are hard of hearing or deaf. One important modification is ensuring that investigative interview protocols, such as the National Institute of Child Health and Human Development investigative interview protocol (NICHD), are adapted to provide hard of hearing children with the interview's full benefits. The current report presents an innovative effort to develop a culturally-sensitive translation of the NICHD from Brazilian Portuguese to Brazilian Sign Language (LIBRAS) and an accompanying training on the NICHD for translators (NICHD-LIBRAS). The NICHD-LIBRAS was translated by a three-step process. In Step 1, the Brazilian NICHD was translated by a certified LIBRAS translator into morphemes. In Step 2, the authors used a modulation format to detect discrepancies between the original protocol and the translated language. Finally, in Step 3, the protocol was recorded into a video format, back-translated by a certified LIBRAS interpreter, and posted on YouTube. The tool is publicly available for Brazilian professionals and for researchers to test its efficacy and feasibility. The current brief report aims to encourage future efforts to adapt investigative interview protocols for children with disabilities and to advance access to justice for children from diverse contexts.
In legal cases regarding child sexual abuse (CSA), children have various options, such as to disclose or deny maltreatment. When interviewed in adulthood, their accounts may be consistent with their childhood responses. Alternatively, denial in childhood could be followed in adulthood by disclosure (“deferred disclosure”), confirming previous suspicions. Or the adults could possibly recant. We conducted a longitudinal study of CSA disclosures and denials ( N = 99; Time 1 [T1], 3- to 16-year-olds). T1 CSA disclosures and denials at a forensic unit were compared to the individuals’ responses 20 years later (Time 2 [T2]. 22- to 37-years-old). We found that consistent disclosure was associated with being older at T1 and female. Deferred disclosure was significantly associated with greater T2 trauma-related symptoms. Corroboration and higher CSA severity predicted T2 recantation. Consistent denial was related to less severe CSA. Our findings add to knowledge about CSA disclosures, which affect legal pathways available to child victims.
PURPOSE:Child Protection Professionals (CPPs) play a key role in providing insights into the child protection system and how it can best support children's right to personal security, particularly during trying times like the COVID-19 pandemic. Qualitative research provides one potential tool to tap into this knowledge and awareness. This research thus expanded earlier qualitative work on CPPs' perceptions of the impact of COVID-19 on their work, including potential struggles and barriers, into the context of a developing country.METHODS:A total of 309 CPPs from all five regions in Brazil answered demographics, pandemic-related resilient behaviors, and open-ended questions regarding their profession during the pandemic.RESULTS:Data went through a three-step process of analysis: (1) pre-analysis; (2) category creation; and (3) coding of responses. Five categories emerged from the analysis: the Pandemic's Impact on CPPs' Work; the Impact of the Pandemic on CPP-Involved Families; Occupational Concerns during the Pandemic; Politics and the Pandemic; and Vulnerability due to the Pandemic.CONCLUSIONS:Our qualitative analyses showed the pandemic resulted in increased challenges for CPPs across several fronts within their workplace. Although each of these categories is discussed separately, they all influenced one another. This highlights the need to continue efforts to support CPPs.
As our nation grapples with responding to trillions of dollars in student loan debt, bankruptcy courts make daily decisions about whether to free individuals from these monetary obligations. To analyze factors that influence discharge decisions and to see whether prior findings of gender biases are replicated within the bankruptcy context, we scored and analyzed a sample of 667 student loan discharge cases for potential predictors of case outcome. Findings demonstrate that female debtors who are single parents are significantly more likely to have their student loans discharged than similarly situated male debtors, but females are significantly less likely than males to obtain a discharge when they allege a medical condition. Additionally, having attorney representation significantly increases debtors' odds of having their student loans discharged. Results are discussed in connection with the influence of debtor gender and potential gender biases that influence judicial decision-making.
Objectives: To compare the efficacy of a psychologically-based contact tracing interview protocol to a control protocol that emulated current practices under both interviewer-led and self-led modalities. Methods: This randomized controlled experiment utilized a 2 x 2 factorial design (Enhanced Cognitive protocol vs Control protocol; Interviewer-led call vs Self-led online survey). Data were collected online (n = 200; M-age = 44; 56.5% female; 79.5% White) during the COVID-19 pandemic (July 2, 2020 - September 15, 2020). Results: The Enhanced Cognitive protocol increased reported close contacts by 51% compared with the Control protocol (d = 0.44 [0.15, 0.71]). This effect was present for both interview modalities and for both identifiable and non-identifiable contacts. The Enhanced Cognitive protocol also increased both the quantity of person descriptors (d = 1.36 [0.87, 1.85]) and the utility of descriptions (r = 0.35 [0.13, 0.53]). Conclusions: The application of cognitive principles in contact tracing interviews can significantly enhance the quantity and quality of information provided by respondents. Epidemiologists and public health investigators could benefit from utilizing cognitive principles and self-led modalities in contact tracing interviews. (C) 2021 The Author(s). Published by Elsevier Inc. on behalf of Association for Professionals in Infection Control and Epidemiology, Inc.