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Linguistically complex recognition prompts in pre-recorded cross-examinations
Laura M Stevens1, Hayden M Henderson2, Michael E Lamb3
1School of Psychology, University of Birmingham, Birmingham, UK.
Behavioral Sciences & the Law
|February 9, 2021
Summary
Pre-trial preparation and pre-recorded cross-examinations reduce linguistic complexity in questions for child witnesses. Despite these measures, complex and suggestive questions persist, highlighting the need for enhanced professional training in child evidence gathering.
Area of Science:
- Forensic Linguistics
- Child Witness Testimony
- Criminal Justice
Background:
- Child victims in criminal courts often face linguistically complex questions.
- Recognition prompts, including option-posing or suggestive questions, can impact the quality of child testimony.
- The use of "special measures" aims to mitigate these challenges.
Purpose of the Study:
- To evaluate the impact of pre-trial preparation and pre-recorded cross-examinations on the linguistic complexity of recognition prompts used with child victims.
- To compare the linguistic complexity of suggestive versus non-suggestive recognition prompts.
- To assess the effectiveness of "special measures" in reducing linguistic complexity.
Main Methods:
- Comparative analysis of 43 cases with "special measures" (pre-trial preparation and pre-recorded cross-examinations) and 44 cases without.
- Analysis of linguistic complexity in recognition prompts (option-posing or suggestive questions).
- Data collected from English criminal court cases between 2012 and 2016.
Main Results:
- Cases utilizing "special measures" showed significantly fewer linguistically complex prompts, both suggestive and non-suggestive.
- Linguistically complex recognition prompts were more frequently suggestive.
- Despite "special measures," linguistically complex prompts remained prevalent.
Conclusions:
- "Special measures" are beneficial in reducing linguistic complexity in questions posed to child victims.
- Further professional training is essential to improve the quality of children's evidence by minimizing complex and suggestive questioning techniques.
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