The Role of Wait Time During the Questioning of Children: A Systematic Review

The benefits of wait time in classroom discourses have been well documented in the field of education since the 1970s. While current forensic interview guidelines recognize the importance of pauses, whether there is sufficient empirical evidence to inform wait time guidelines in the legal context remains unanswered. This systematic review aimed to synthesize and provide a holistic update on the available research on the role of wait time when questioning children and recommended future direction to develop wait time guidelines specific to child forensic interviews. Systematic searches were conducted using four databases (PsycINFO, MedLine, ERIC, and Scopus). A total of 3,953 unique articles were returned, following a title and abstract screening, 68 full texts were reviewed, and 26 (including five additional studies identified through a hand search) were included. Inclusion criteria were the study sample included children under 18, published a measure of wait time in a questioning context, and in English. Overall, most knowledge of wait time remains in the field of education. Natural wait time is short, but with training, extended wait time yields significant benefits for both child and adult talk. Only one study examined the role of wait time in the forensic interviewing setting where a 10-s wait time appears to be more productive than shorter pauses. Extended wait time is a promising and simple interviewing practice with the potential to facilitate children's disclosure. The current review is a call for research in the area as it pertains to forensic interviewing of children and youth.

Discernment of Children's True and False Memory Reports: Police Officers and Laypersons

Adults' ability to accurately evaluate children's statements can have far-reaching consequences within the legal system. This study examined the evaluations of police officers ("experts") and laypersons ("nonexperts") when presented with videotaped interviews of children aged 3 and 5 years who provided either true or false reports or denials. Participants were drawn from several counties in the eastern United States. Children's interview statements fell within four statement types: accurate reports, false reports, accurate denials, and false denials. Both groups of participants displayed overbelief in false denials. Several control variables predicted accuracy, including children's age and children's race. A significant interaction emerged: Experts (vs. nonexperts) had greater odds of being accurate when judging false reports (vs. false denials). These findings highlight the challenges adults face when distinguishing between various types of children's statements. The results have important implications for legal contexts, emphasizing that fact finders need to be mindful of the risks associated with both overaccepting false denials and accepting false reports.

Normative developmental vs. reverse developmental trends in memory distortion: a framework to investigate the impact of internal and external influences on memory and their relevance to legal decisions

There are two opposing positions regarding the development of memory: the normative developmental position, and the reverse developmental position. The normative position, which has long been the default presupposition, supports the notion that susceptibility to memory distortion, including false memories, decreases with age. In contrast, the concept of "developmental reversals" supports the notion that susceptibility to memory distortion and false memories increases with age. Each perspective finds support from existing theories as well as from research on endogenous and exogenous sources of influence. In a legal context, having an accurate understanding of the developmental course of false memory can contribute on the one hand to mitigating wrongful convictions and, on the other hand, to appreciating the accuracy of children's statements when warranted. This review aims to integrate the existing literature regarding these seemingly opposite developmental courses and construct a framework outlining the conditions under which we may observe one age trend over the other. This entails an examination of the paradigms that have been invoked to support these competing positions, specifically developmental responses to internal vs. external sources of distortion.

Lie for Me: Developmental Trends in Acquiescing to a Blatantly False Statement

A pair of studies demonstrates that simply asking children to make a blatantly false accusation in the guise of helping others can result in both immediate and long-term false claims. In the pilot study, the initial willingness to make a blatantly false statement was associated with some children making false statements a week later despite being told that the first interviewer had made mistakes during the initial interview. On a positive note, the majority of participants accurately stated that they did not have first-hand knowledge of their accusation's accuracy. Across both studies, the rate of false accusation rates was high. The main experiment demonstrated that children who were young, possessed the lowest verbal intelligence or who were from the lowest SES homes made the most accusations. These findings illustrate not only the dangers of encouraging children to make false statements, but the ease and durability of making such false statements.

A focus on accuracy in misinformed mothers puts young children at risk for false memories

This research examined how mothers' goal orientation and exposure to misinformation can shape how mothers engage their children in conversation about past experiences and consequently affect the accuracy of children's memory reports. To investigate this question, 169 mothers were asked to talk with their preschool-age children (M_age = 55 months, SD = 6.15; 90 female) about an earlier nonshared event. Some mothers were instructed to focus on eliciting an accurate account, whereas others were told to talk naturally as in everyday life. Before this conversation, some mothers in each goal condition were exposed to misleading information about what their children experienced. Mothers focused on accuracy exhibited more bias in their conversations than those centered on talking naturally. When later interviewed, children with accuracy-focused mothers made more false reports and recalled less correct details than those with natural-focused mothers. These trends were found even when mothers were not misinformed. The implications of these results for children's eyewitness memory and suggestibility are discussed.

Enlightenment beats prejudice: The reversibility of stereotype-induced memory distortion

Social stereotypes impact how we remember people, but how stable is this influence? Inspired by the reversibility of the eyewitness misinformation effect through postwarnings about the planting of misinformation ('enlightenment'), we explored if stereotype influence on person memory can be similarly reversed. Participants read person self-descriptions and subsequently answered memory test questions either with or without stereotype labels, establishing sizeable stereotype-induced memory distortion. One week later, the participants answered the same questions again, but half were enlightened about the earlier stereotype manipulation. This eliminated the stereotype effect and restored memory for the original information, whereas memory remained distorted without enlightenment. We discuss implications for memory distortion research and for (undermining) the self-perpetuation of stereotypes in society.

Who Is the Better Eyewitness? Sometimes Adults but at Other Times Children

Suggestibility is regarded as a major issue when children testify in court. Many legal professionals and memory researchers view children as inferior witnesses. Although differences in suggestibility exist between children and adults, they are much more complex than is usually assumed. We show that under certain conditions, adults are more susceptible than children to suggestion and false memories. We provide evidence that age-related shifts in suggestibility and false memory appear contingent on how quickly and automatically children and adults make associations when experiencing events. Specifically, when confronted with suggestive information about a related but nonexperienced detail, adults more frequently automatically generate links between items experienced and those already in memory, making them more susceptible to suggestion than children.

When Is a Child's Forensic Statement Deemed Credible? A Comparison of Physical and Sexual Abuse Cases

A large national sample of 4,775 reports of child physical and sexual abuse made in Israel in 2014 was analyzed in order to examine whether assessments of credibility would vary according to abuse type, physical or sexual, and whether child and event characteristics contributing to the probability that reports of abuse would be determined as credible would be similar or different in child physical abuse (CPA) and child sexual abuse (CSA) cases. Results revealed that CPA reports were less likely to be viewed as credible (41.9%) compared to CSA reports (56.7%). Multigroup path analysis, however, indicated equivalence in predicting factors. In a unified model for both types of abuse, salient predictors of a credible judgment were older age, lack of a cognitive delay, and the alleged abusive event being a onetime less severe act. Over and beyond the effects of these factors, abuse type significantly contributed to the prediction of credibility judgments.

Does parental coaching affect children's false reports? Comparing verbal markers of deception

The present study examined differences in children's true and false narratives as a function of parental coaching by comparing the verbal markers associated with deception. Children (N = 65, 4-7 years old) played the same game with an adult stranger over three consecutive days. Parents coached their children to falsely allege that they had played a second game and to generate details for the fabricated event. One week after the last play session, children were interviewed about their experiences. For children with the least amount of parental coaching, true and false reports could be distinguished by multiple verbal markers of deception (e.g., cognitive processes, temporal information, self-references). The fabricated reports of children who spent more time being coaching by a parent resembled their truthful reports. These findings have implications for real-world forensic contexts when children have been coached to make false allegations and fabricate information at the behest of a parent.

Verbal, Visual, and Intermediary Support for Child Witnesses with Autism During Investigative Interviews

Three promising investigative interview interventions were assessed in 270 children (age 6-11 years): 71 with autism spectrum disorder (ASD) and 199 who were typically developing (TD). Children received 'Verbal Labels', 'Sketch Reinstatement of Context' or 'Registered Intermediary' interviews designed to improve interview performance without decreasing accuracy. Children with ASD showed no increases in the number of correct details recalled for any of the three interview types (compared to a Best-Practice police interview), whereas TD children showed significant improvements in the Registered Intermediary and Verbal Labels interviews. Findings suggested that children with ASD can perform as well as TD children in certain types of investigative interviews, but some expected benefits (e.g., of Registered Intermediaries) were not apparent in this study.

Credibility assessment in child sexual abuse investigations: A descriptive analysis

A major challenge in cases of child sexual abuse (CSA) is determining the credibility of children's reports. Consequently cases may be misclassified as false or deemed 'no judgment possible'. Based on a large national sample of reports of CSA made in Israel in 2014, the study examines child and event characteristics contributing to the probability that reports of abuse would be judged credible. National data files of all children aged 3-14, who were referred for investigation following suspected victimization of sexual abuse, and had disclosed sexual abuse, were analyzed. Cases were classified as either 'credible' or 'no judgment possible'. The probability of reaching a 'credible' judgment was examined in relation to characteristics of the child (age, gender, cognitive delay, marital status of the parents,) and of the abusive event (abuse severity, frequency, perpetrator-victim relationship, perpetrator's use of grooming, and perpetrator's use of coercion), controlling for investigator's identity at the cluster level of the analysis. Of 1563 cases analyzed, 57.9% were assessed as credible. The most powerful predictors of a credible judgment were older age and absence of a cognitive delay. Reports of children to married parents, who experienced a single abusive event that involved perpetrator's use of grooming, were also more likely to be judged as credible. Rates of credible judgments found are lower than expected suggesting under-identification of truthful reports of CSA. In particular, those cases of severe and multiple abuse involving younger and cognitively delayed children are the ones with the lowest chances of being assessed as credible.

Interviews of Children in a Portuguese Special Judicial Procedure

Since 2007, alleged victims of child sexual abuse in Portugal have provided evidence in a mandatory "Declarações para Memória Futura" (DMF; English transl. 'Statement for future use') proceeding. In order to protect children from having to testify in court, interviews conducted at the DMF can be used later as trial evidence because the hearings are conducted by judges. The present study examined 137 interviews with 3- to 17-year-olds conducted in several Portuguese criminal courts. Detailed examination of interview transcripts showed that 69% of all questions asked were option-posing questions, 16% were directive questions, 11% were suggestive questions, and only 3% were open-ended prompts. The vast majority of details provided by children were thus obtained using the risky recognition-based prompts (i.e., option posing and suggestive questions) associated with the risks of contaminating and limiting children's informativeness, both potential threats to the credibility of their testimony. There is an urgent need to address this issue and consider the implementation of a scientifically validated structured interview protocol in Portugal. Copyright © 2017 John Wiley & Sons, Ltd.

The Child Witness in the Courtroom

Beginning in the 1980s, children have increasingly served as witnesses in the criminal, civil, and family courts; currently, >100 000 children appear in court each year. This statement updates the 1992 American Academy of Pediatrics (AAP) policy statement "The Child as a Witness" and the subsequent 1999 "The Child in Court: A Subject Review." It also builds on existing AAP policy on adverse life events affecting children and resources developed to understand and address childhood trauma. The purpose of this policy statement is to provide background information on some of the legal issues involving children testifying in court, including the accuracy and psychological impact of child testimony; to provide suggestions for how pediatricians can support patients who will testify in court; and to make recommendations for policy improvements to minimize the adverse psychological consequences for child witnesses. These recommendations are, for the most part, based on studies on the psychological and physiologic consequences of children witnessing and experiencing violence, as well as appearing in court, that have emerged since the previous AAP publications on the subject. The goal is to reduce the secondary traumatization of and long-term consequences for children providing testimony about violence they have experienced or witnessed. This statement primarily addresses children appearing in court as victims of physical or sexual abuse or as witnesses of violent acts; most of the scientific literature addresses these specific situations. It may apply, in certain situations, to children required to provide testimony in custody disputes, child welfare proceedings, or immigration court. It does not address children appearing in court as offenders or as part of juvenile justice proceedings.

Children's memory of a physical examination: A comparison of recall and recognition assessment protocols

Previous studies of children's abilities to remember the details of salient personal experiences have consistently obtained age differences in various aspects of memory performance. For example, research on children's memory for recent physical examinations indicates that 3-year-olds provide less information in response to open-ended questions and exhibit more forgetting over time than do older children. Given these findings, the present studies were designed to explore further the abilities of 3-year-olds to remember a specified visit to the doctor. In contrast to earlier investigations, in which young children's memory was assessed solely by a verbal protocol that began with broad, open-ended questions, the two studies reported here explored the usefulness of a recognition-based assessment interview. Because of the context specificity that characterises children's memory performance, it was hypothesised that a recognition measure would provide a more sensitive index of the information available in young children's memory than would the standard interview, and thus lead to a reduction of the typically obtained age differences in performance. In contrast to these expectations, clear age differences in memory performance were observed among the children who received the recognition-based interview. Because these age differences stemmed largely from the 3-year-olds' high rate of false alarms to lures, the findings suggest that professionals who interview children should exercise caution when interpreting responses to yes-no questions. The convergence of these findings with recent results obtained in tests of Fuzzy-Trace Theory is also discussed.

Valence, Implicated Actor, and Children's Acquiescence to False Suggestions

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details emerged first, followed by resistance to suggestions about positive details. Across age, more negative feedback was required to induce acquiescence to negative than positive false details. Finally, children were less willing to acquiesce when they (versus the confederate) were implicated. Findings highlight the interactive effects of valence and children's age on their eyewitness performance in suggestive contexts.

Getting to Know You: Familiarity, Stereotypes, and Children's Eyewitness Memory

The present study concerned how the acquisition of social information, specifically knowledge about personal characteristics, influences young children's memory and suggestibility. Effects of two sources of knowledge about a target person were systematically examined: familiarity and stereotypes. Children, aged 4-5 and 7-9 years (N = 145), were randomly assigned, per age group, to experimental conditions based on a familiarity (6 hours vs. no prior exposure) × stereotype (negative depiction as messy and clumsy vs. no stereotype) factorial design. Children then watched the target person engage in a target event (a series of contests) at a preschool ("Camp Ingrid"). The children's memory and suggestibility about the target person and target event were tested after a delay of 2 weeks. Results indicated that the negative stereotype resulted in an increase in children's correct responses both to free-recall stereotype-related questions (when children were unfamiliar with the target person) and to closed-ended questions overall (for younger children). However, the stereotype was associated with greater error to stereotype-related closed-ended questions. Moreover, familiarity increased children's accuracy to closed-ended questions. Implications for theory and application are discussed. Copyright © 2016 John Wiley & Sons, Ltd.

Gating Out Misinformation: Can Young Children Follow Instructions to Ignore False Information?

The current study investigated the effects of misinformation on children's memory reports after practice with the logic-of-opposition instruction at time of test. Four- and 6-year-old children participated in a play event in Session 1. During a two-week delay, parents presented their children with either misinformation or correct information about the play event. Prior to a memory interview in Session 2, some misled children were given a developmentally appropriate logic-of-opposition instruction to not report information provided by their parents. Results indicated that children were misled by the incorrect information, but that the logic-of-opposition instruction aided in the children's retrieval of the original memory, particularly for the 6-year-olds. Implications of the results for memory malleability and social demand effects in children are discussed.

The fallibility of memory in judicial processes: lessons from the past and their modern consequences

The capability of adult and child witnesses to accurately recollect events from the past and provide reliable testimony has been hotly debated for more than 100 years. Prominent legal cases of the 1980s and 1990s sparked lengthy debates and important research questions surrounding the fallibility and general reliability of memory. But what lessons have we learned, some 35 years later, about the role of memory in the judicial system? In this review, we focus on what we now know about the consequences of the fallibility of memory for legal proceedings. We present a brief historical overview of false memories that focuses on three critical forensic areas that changed memory research: children as eyewitnesses, historic sexual abuse and eyewitness (mis)identification. We revisit some of the prominent trials of the 1980s and 1990s to not only consider the role false memories have played in judicial decisions, but also to see how this has helped us understand memory today. Finally, we consider the way in which the research on memory (true and false) has been successfully integrated into some courtroom procedures.

Child maltreatment, trauma-related psychopathology, and eyewitness memory in children and adolescents

Two experiments were conducted to examine eyewitness memory in children and adolescents (9- to 15-years-old) with and without known histories of maltreatment (e.g., physical abuse, exposure to domestic violence). In Experiment 1, participants (N = 35) viewed a positive film clip depicting a congenial interaction between family members. In Experiment 2, participants (N = 31) watched a negative film clip in which a family argument was shown. Younger age and higher levels of trauma-related psychopathology significantly predicted commission errors to direct questions when the positive family interaction had been viewed, but not when the negative family interaction had been shown. Maltreatment history was not a significant unique predictor of memory performance for the positive or negative film clip. Implications for a scientific understanding of the effects of child maltreatment on memory are discussed.

[Development of skills to report "roughly" and "exactly" with different levels of exactness]

This study examined the development of skills to report with different levels of exactness. A total of 62 first-grade children and 58 fourth-grade children were asked about numbers and lengths (numeral tasks) and colors and positions of objects (nominal tasks) with instructions suggesting different levels of exactness, "roughly" or "exactly". In Study 1, the instructions were given as a between-subjects factor. The results showed that when the "roughly" instruction was given, participants gave approximate answers more frequently than when the "exactly" instruction was given especially in the numeral tasks, and older children did so more frequently than younger children. In Study 2, the instructions were given as a within-subjects factor: a half of participants were given "roughly" and then "exactly" instructions, and the others were given the instructions in the opposite order. The results showed that younger children could change the levels of answers depending on instruction in the numeral tasks but not in the nominal tasks, whereas older children could do so in both tasks. The results suggest that the skills for reporting with different levels of exactness are related not only to cognitive development, but also to the linguistic context, such as the tasks and instructions.

Is there a place for extended assessments in addressing child sexual abuse allegations? How sensitivity and specificity impact professional perspectives

Using data from a survey of perceptions of 932 child welfare professionals about the utility of extended assessments, the researchers constructed a scale to measure respondents' views about sensitivity (ensuring sexually abused children are correctly identified) and specificity (ensuring nonabused children are correctly identified) in child sexual abuse evaluations. On average, respondents scored high (valuing sensitivity) on the sensitivity versus specificity scale. Next, the researchers undertook bivariate analyses to identify independent variables significantly associated with the sensitivity versus specificity scale. Then those variables were entered into a multiple regression. Four independent variables were significantly related to higher sensitivity scores: encountering cases requiring extended assessments, valuing extended assessments among scarce resources, less concern about proving cases in court, and viewing the goal of extended assessments as understanding needs of child and family (adjusted R2 = .34).

False accusations in an investigative context: differences between suggestible and non-suggestible witnesses

False sexual abuse allegations have spurred research on suggestibility, on the assumption that leading questions may produce false accusations. Most researchers, however, have not measured the likelihood that those who respond to suggestive questioning will take the next step and make a formal (false) accusation. The present study incorporates both aspects of abuse investigations: suggestibility (i.e., responsiveness to questions in a leading interview) and false accusations (i.e., signing a formal complaint against an innocent suspect). Participants (N = 129) were observed in a laboratory session and then interviewed twice about their experiences by an interviewer who suggested that the laboratory assistant had behaved inappropriately. Although only 17% of the participants were suggestible, 39% agreed to sign the complaint. Suggestible participants were significantly more likely to make a false accusation than were non-suggestible participants. However, because of the low rate of suggestibility, most false accusations were made by non-suggestible participants. Implications for the legal system are discussed.

Expert testimony in a child sex abuse case: Translating memory development research

In this paper we describe a custody case that centred on allegations of child sexual abuse. A pair of preschool-aged sisters accused their biological father of various sexual acts, though their allegations were made under problematic conditions and were contradicted by other statements they made. In an affidavit written by one of us (MB), we describe the relevant memory development research in the course of presenting the court with a scientific analysis. We find compelling evidence of multiple risk factors in the way the daughters' recollections were elicited. Although the "ultimate question" of guilt is beyond our purview, our identification of risks was instrumental in the legal system's decision that the children's allegations were not valid. We put this analysis forward as an example of evidence-based testimony in which scientific findings from the memory literature can be used to frame an expert's analysis.

Children's natural conversations following exposure to a rumor: linkages to later false reports

Previous research has shown that children naturally propagate overheard false rumors and that the circulation of such information can induce children and their peers to wrongly recall actually experiencing rumored-but-nonexperienced events. The current study extends this work by recording 3- to 6-year-olds' naturally occurring conversations following exposure to an erroneous rumor. Results indicate that, compared with children who overhear rumors spread by adults, those who pick up rumors from peers during natural interactions engage in deeper and more inventive rumor mongering. Moreover, the degree and originality of rumor propagation was linked with various qualities of children's subsequent recollections at both 1-week and 4-week delayed interviews. Furthermore, compared with 3- and 4-year-olds, 5- and 6-year-olds naturally transmitted more novel and coherent embellishments of the rumor to their peers, and more of their false narrative reports during the interviews overlapped with their own and their peers' utterances transmitted soon after the rumor was planted.

Children's eyewitness memory: repeating post-event misinformation reduces the distinctiveness of a witnessed event

Children may incorporate misinformation into reports of witnessed events, particularly if the misinformation is repeated. One explanation is that the misinformation trace is strengthened by repetition. Alternatively, repeating misinformation may reduce the discriminability between event and misinformation sources, increasing interference between them. We tested trace strength and distinctiveness accounts by showing 5- and 6-year-olds an event and then presenting either the "same" or "varying" items of post-event misinformation across three iterations. Performance was compared to a baseline in which misinformation was presented once. Repeating the same misinformation increased suggestibility when misinformation was erroneously attributed to both event and misinformation sources, supporting a trace strength interpretation. However, suggestibility measured by attributing misinformation solely to the event, was lower when misinformation was presented repeatedly rather than once. In contrast, identification of the correct source of the event was less likely if the misinformation was repeated, whether the same or different across iterations. Thus a reduction in the distinctiveness of sources disrupted memory for the event source. Moreover, there was strong association between memory for the event and a measure of distinctiveness of sources, which takes into account both the number of confusable source and their apparent temporal spacing from the point of retrieval.

Natural Conversations as a Source of False Memories in Children: Implications for the Testimony of Young Witnesses

Research on factors that can affect the accuracy of children's autobiographical remembering has important implications for understanding the abilities of young witnesses to provide legal testimony. In this article, we review our own recent research on one factor that has much potential to induce errors in children's event recall, namely natural memory sharing conversations with peers and parents. Our studies provide compelling evidence that not only can the content of conversations about the past intrude into later memory but that such exchanges can prompt the generation of entirely false narratives that are more detailed than true accounts of experienced events. Further, our work show that deeper and more creative participation in memory sharing dialogues can boost the damaging effects of conversationally conveyed misinformation. Implications of this collection of findings for children's testimony are discussed.